14-005945CON Delray Group, Llc, D/B/A Lake View Care Center At Delray vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 6, 2015.

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

DELRAY GROUP, LLC, d/b/a 2015 JAN 28 P 2: ijb

LAKE VIEW CARE CENTER AT DELRAY,

Petitioner, DOAH NO.: 14-5945CON

vs. AHCA NO. 2014009299

STATE OF FLORIDA, AGENCY FOR CON NO.: 10231

HEALTH CARE ADMINISTRATION, AHCA· 1 S • 00 'J./ ..S·OLC

Respondent.

----------------------------------- I

FINAL ORDER

THIS CAUSE comes before the Agency For Health Care Administration ("the Agency")

concerning Certificate of Need ("CON") Application No. 10231, which was filed by Delray

Group, LLC d/b/a Lake View Care Center at Delray ("Delray"), but was preliminarily denied by

the Agency.

1. Delray filed expedited CON Application 10231 for the transfer of CON 10176

from SF Palm Beach, LLC to Delray in Palm Beach County, District 9, Subdistrict 4.

2. CON Application 10231 is an existing 120-bed nursing home in Delray, Florida,

with an Exemption (#40013) to replace the existing home. Delray sought to transfer CON 10176

to add 60 additional beds to the 120-bed replacement nursing home. The Agency denied CON

Application 10231. (Ex. 1)

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

It is ORDERED:

1. The attached Settlement Agreement is approved and adopted as part of this Final

Order. The parties are directed to comply with the terms of the Settlement Agreement.

2. The Agency shall issue CON 10231 to Delray.

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3. Each party shall be responsible for its own costs and attorney's fees.

ORDERED in Tallahassee, Florida, on this , 2015.

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED

TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE

ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A

COPY ALONG WITH THE FILING FEE 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 PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE

FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED

WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has

been furnished by U.S. or interoffice mail to the persons named below on this of

2015.

Richard J. Shoop, Agency lerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

[phone]

Copies:

Division of Administrative Hearings

(Electronic Mail)

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Peter A. Lewis, Esquire

Law Offices of Peter A. Lewis, P .L.

3023 North Shannon Lakes Drive, Suite 101

Tallahassee, Florida 32309

Richard Joseph Saliba, Esquire

Assistant General Counsel

Agency for Health Care Administration

(Electronic Mail)

Janice Mills, Government Analyst II

Facilities Intake Unit

Agency for Health Care Administration

(Electronic Mail)

Marisol Fitch, Unit Manager

Certificate ofNeed Unit

Agency for Health Care Administration

(Electronic Mail)

Bernard Hudson, Unit Manager

Long Term Care Unit

Agency for Health Care Administration

(Electronic Mail)

Page 3 of3

RICKSCOTI

GOVERNOR

ELIZABETH DUDEK

SECRETARY

September 3, 2014

Mr. Abraham Shaulson

Authorized Representative for

Delray Group, LLC

d/b/a Lake View Care Center at Delray

10800 Biscayne Boulevard, Suite 600

Miami, Florida 33161-7499

Dear Mr. Shaulson:

RE: CON Action Number 10231

The proposal by Delray Group, LLC to transfer CON #10176 from SF Palm Beach, LLC to

Delray Group, LLC in Palm Beach County, District 9, Subdistrict 4, has been reviewed by this

office according to Section 408.039, Florida Statutes, and Chapter 59C-1, Florida Administrative

Code. It is the determination of this office that your proposal is denied.

Reasons and explanations for this denial are found in the attached State Agency Action Report.

You have the right to challenge this decision by requesting an administrative hearing under the

provisions of Florida's Administrative Procedure Act, Chapter 120, Florida Statutes, and under

Rule 59C-1.01 0, Florida Administrative Code. A request for hearing, if any, must be in writing

and must be actually received by this Agency within 21 days after the publication in the Florida

Administrative Register.

A request for hearing must contain the information required in Rule 28-106.201, Florida

Administrative Code, and must make reference to the "CON Action Number" mentioned in this

letter. In addition, a request for hearing must indicate whether your proposal was reviewed

comparatively with any other proposals and, if so, make reference to the names and CON

Action Numbers of those proposals. The original and one copy of each request for hearing

must be filed with or mailed to the following location: Agency Clerk, Agency for Health Care

Administration, Fort Knox Executive Center, 2727 Mahan Drive, Building 3, Mail Stop #3,

Tallahassee, Florida 32308.

Sincerely,

()

Mclemore

Health Services & Facilities Consultant Supervisor

Certificate of Need

cc: Health Council of Southeast Florida EXHIBIT 1

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