14-001640 Agency For Health Care Administration vs. All America Adult Congregate Living Facility, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 23, 2014.

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STATE STATE OF OF FLORIDA FLORIDA r" CLen;"

AGENCY AGENCY FOR FOR HEALTH HEALTH CARE CARE ADMINISTRATION ADMINISTRATION

2U14 2014 NAY y I 15 5 A 0,: 5S 5 S

ALL ALL AMERICA AMERICA ADULT ADULT CONGREGATE CONGREGATE

LIVING LIVING FACILITY, FACILITY, INC., INC.,

Petitioner, Petitioner, AHCA AHCA No.: No.: 2012007979 2012007979

DOAH DOAH No.: No.: 13-1068 13- 1068

v. V. RENDITION RENDITION NO.: NO.: AHCA- AHCA- li.f I - <1-h q-="" t'(="" i="" i="" -="" -s-olc="" s-="">

STATE STATE OF OF FLORIDA, FLORIDA, AGENCY AGENCY FOR FOR

HEALTH HEALTH CARE CARE ADMINISTRATION, ADMINISTRATION,

Respondent. Respondent.

--------------_----:/

STATE STATE OF OF FLORIDA, FLORIDA, AGENCY AGENCY FOR FOR

HEALTH HEALTH CARE CARE ADMINISTRATION, ADMINISTRATION,

Petitioner, Petitioner, AHCA AHCA No.: No.: 2012011519 2012011519

DOAH DOAH No.: No.: 14-1640 14- 1640

V. v.

ALL ALL AMERICA AMERICA ADULT ADULT CONGREGATE CONGREGATE

LIVING LIVING FACILITY, FACILITY, INC., INC.,

Respondent. Respondent.

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STATE STATE OF OF FLORIDA, FLORIDA, AGENCY AGENCY FOR FOR

HEALTH HEALTH CARE CARE ADMINISTRATION, ADMINISTRATION,

Petitioner, Petitioner, AHCA AHCA No.: No.: 2012005108 2012005108

CASE CASE No.: No.: 13- 13-115PH 115PH

V. v.

ALL ALL AMERICA AMERICA ADULT ADULT CONGREGATE CONGREGATE

LIVING LIVING FACILITY, FACILITY, INC., INC.,

Respondent. Respondent.

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FINAL FINAL ORDER ORDER

Having Having reviewed reviewed the the Administrative Administrative Complaints Complaints and and the the Notice Notice of of Intent Intent to to Deny, Deny, and and all all other other

matters matters of of record, record, the the Agency Agency for for Health Health Care Care Administration Administration finds finds and and concludes concludes as as follows: follows:

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1. The Agency has jurisdiction over the above-named Respondent pursuant to Chapter 408,

Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions.

2. The Agency issued the attached Administrative Complaints, the Notice of Intent to Deny

and Election of Rights forms to All America Adult Congregate Living Facility, Inc. (Composite Ex. 1)

The Election of Rights form advised of the right to an administrative hearing.

3. The parties have since entered into the attached Settlement Agreement. (Ex. 2)

Based upon the foregoing, it is ORDERED:

4. The Settlement Agreement is adopted and incorporated by reference into this Final Order.

The parties shall comply with the terms of the Settlement Agreement.

5. All America Adult Congregate Living Facility, Inc. shall pay $3,500.00 in administrative

fines to the Agency within thirty (30) days of the entry of the Final Order. If full payment has been

made, the cancelledcheck acts as receipt of payment and no further payment is required. If full payment

has not been made, payment is due within 30 days of the Final Order. Overdue amounts are subject to

statutoryinterest and may be referred to collections. A check made payable to the "Agency for Health

Care Administration" and containing the AHCA ten-digit case number should be sent to:

Office of Finance and Accounting

Revenue Management Unit

Agency for Health Care Administration

2727 Mahan Drive, MS 14

Tallahassee, Florida 32308

6. The Notice of Intent to Deny is withdrawn. If the Agency has not already completed its

review of the application, it shall resume its review of the application upon entry of the Final Order

adopting this Agreement. Nothing in this agreement, however, shall prohibit the Agency from denying

the renewal application based upon any statutes and rules, and if applicable, an unsatisfactory licensure

survey, with the exception of any grounds stated in the Notice of Intent to Deny and the administrative

complaints at issue. In the case of such a denial, the provider will be provided the right to contest the

Agency's action in accordance with Chapter 120, Florida Statutes.

7. If All America Adult Congregate Living Facility, Inc. is cited with one Class I or two

Class II deficiencies and at least two uncorrected Class III deficiencies on the samesurvey within the

next six months, this shall be grounds for revocation or denial of its license as set out in Section

429.14(l)(e), Florida Statutes.

8. All America Adult Congregate Living Facility, Inc., shall ensure that its residents have

access to quality health care. Quality health care is especially needed in this area given the population

that this type of provider serves.

ORDERED at Tallahassee, Florida, on this /# day Of __ , 2014.

ecretary

Care Administration

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy,

along with filing fee as prescribed by law, with the District Court of Appeal in the appellate district

where the Agency maintains its headquarters or where a party resides. Review of proceedings shall be

conducted in accordance with the Florida appellate rules. The Notice of Appealmust be filed within 30

days of rendition of the order to be reviewed.

CERTIFICATE OF SERVICE

I CERTIFY that a true and of this Final Order was served on the below-named

persons by the method designated on this ay of ,2014.

Richard Shoop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Bldg. #3, Mail Stop #3

Tallahassee, Florida 32308-5403

Telephone: [phone]

Jan Mills Finance & Accounting

Facilities Intake Unit Revenue Management Unit

(Electronic Mail) (Electronic Mail)

Lourdes A. Naranjo, Senior Attorney John E. Bradley, Senior Attorney

Office of the General Counsel Office of the General Counsel

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Robert E. Meale and Mary Li Creasy John F. Gilroy, Esq.

Administrative Law Judges Law Offices of John F. Gilroy, III, P.A.

Division of Administrative Hearings 1695 Metropolitan Circle - Suite 2

(Electronic Mail) Tallahassee, Florida 32308

(U.S. Mail)