15-001423 Agency For Health Care Administration vs. Jest Operating, Inc., D/B/A Somerset
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 30, 2015.


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1STATE OF FLORIDA

4AGENCY FOR HEALTH CARE ADMINISTRATION r

102015 07P 22 FD 12. 50

16STATE OF FLORIDA, AGENCY FOR

21HEALTH CARE ADMINISTRATION,

24Petitioner, Case Nos. 15- 1423

2915- 3648

31V. AHCA Nos. 2014003985

352014006292

36JEST OPERATING, INC. d/ a b/ SOMERSET, 2015000083

44r~~ x~~ r~ A~ HCt~ S T U 5~ u

54Respondent.

55FINAL ORDER

57Having reviewed the Administrative Complaint, and all other matters of record, the Agency for

71Health Care Administration finds and concludes as follows:

791. The Agency issued the attached Administrative Complaints and Election of Rights forms

92to the Respondent. ( Ex. 1) The parties have since entered into the attached Settlement Agreement, which

109is adopted and incorporated by reference into this Final Order. ( Ex. 2)

1222. The Respondent shall add to its staff policies and procedures a rule prohibiting its staff

138from giving or receiving gifts above $ 20 in value to or from any residents, and from entering into any

158financial arrangements with residents.

1623. The Respondent shall pay the Agency $ 2, 00. 000. If full payment has been made, the

180cancelled check acts as receipt of payment and no further payment is required. If full payment has not

198been made, payment is due within 30 days of the Final Order. Overdue amounts are subject to statutory

216interest and may be referred to collections. A check made payable to the " Agency for Health Care

233Administration" and containing the AHCA ten- digit case number should be sent to:

246Central Intake Unit

249Agency for Health Care Administration

2542727 Mahan Drive, Mail Stop 61

260Tallahassee, Florida 32308

2634. Count IV of the Administrative Complaint is withdrawn.

272L

273ORDERED at Tallahassee, Florida, on this 2- day of 2015.

283t-

284Elizab ude , S retary

288Agenc f r Healt are Administration

294NOTICE OF RIGHT TO JUDICIAL REVIEW

300A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

318instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy,

338along with filing fee as prescribed by law, with the District Court of Appeal in the appellate district

356where the Agency maintains its headquarters or where a party resides. Review of proceedings shall be

372conducted in accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30

389days of rendition of the order to be reviewed.

398CERTIFICATE OF SERVICE

401I CERTIFY that true and of this Final Order was served on the below-named

415persons by the method designated on of , , 2015.

423Richard J. Shoop, Agency Clerk

428Agency for Health Care Administration

4332727 Mahan Drive, Mail Stop 3

439Tallahassee, Florida 32308

442Telephone: (850) 412-3630

445Jan Mills Central Intake Unit

450Facilities Intake Unit Agency for Health Care Administration

458Agency for Health Care Administration (Electronic Mail)

465(Electronic Mail)

467Andrew B. Thomquest, Senior Attorney Elizabeth Heiman, Administrator

475Office of the General Counsel Jest Operating, Inc. d/b/a Somerset

485Agency for Health Care Administration 2450 Dora Avenue

493(Electronic Mail) Tavares, Florida 32778

498(U.S. Mail)

500Kriste Mennella, Field Office Manager Dean F. DiBartolomeo, Esquire

509Local Field Office- Region 3 Law Offices of DiBartolomeo & DiBartolomeo

520Agency for Health Care Administration 8400 Bird Road

528(Electronic Mail) Miami, Florida 33155

533(U.S. Mail)

535Anne Avery, Unit Manager

539Assisted Living Unit

542Agency for Health Care Administration

547(Electronic Mail)

549STATE

550AGENCY FOR HRALTH CAH.E A])MINISTRATION

555STATE OF FLORIDA, AGENCY FOR

560HEALTH CARE ADMINISTRATION,

563Petitioner,

564DOAH Nos.: 15-1423

567vs. 15-3648

569AHCA Nos.: 2014003985

572JEST OPERATING, INC. d/b/a SOMERSET 2014006292

5782015000083

579Respondent.

580SETTLEMENT AGREEMENT

582The Petitioner, State of Florida, Agency for lleulth Care Administration ("the Agency")

596and the Respondent, Jest Operating, Inc. d/b/a Somerset (''the Respondent"), by and through its

611undersigned representatives, and pursuant to Section 120.57(4), Florida Statutes, agree as

622follows:

623WHEREAS the Agency is the licensing and regulatory authority that oversees assisted

635living facilities in Florida and enforces the state laws governing such facilities pursuant to

649Chapter 408, Part II, Florida Statutes, and Chapter 429, Part !, Florida Statutes, and Chapter

66458A-5, Florida Administrative Code; and

669WHEREAS, the Respondent was issued a license by the Agency to operate this assisted

683living tucility in Florida; and

688WHEREAS, the Agency issued two Administrative Complaints in the above-styled

698matter on the Respondent seeking $4,000.00 in administrative fines; and

709WHEREAS, the Agency and the Respondent, (hereinafl.er collectively "the Parties")

720have agreed that a litit· and efficient resolution of the above-captioned matters wou1d avoid the

735expenditure of substantial sums to further litigate these disputes; and

745EXHIBIT 2

747NOW THEREFORE, in consideration of the mutual promises and recitals herein, the

759Parties, intending to be legally bound, agree as tollows:

7681. The above recitals are true and correct and are expressly incorporated into the

782Settlement Agreement (hereinafter "the Agreement").

7882. The Parties agree that the above recitals arc binding findings on the Parties.

8023. Upon full execution of this Agreement, the Respondent agrees to a withdrawal of

816any request tor administrative proceeding filed for the above referenced actions, agrees to waive

830any and all proceedings and appeals under Chapter 120, Florida Statutes, to which they may be

846entitled including, but not limited to, an informal proceeding under Subsection 120.57(2), a

859formal proceeding under Subsection 120.57(1), appeals under Section 120.68, Florida Statutes;

870and declaratory and all writs of relief in any court or tribunal (DOAH) of competent jurisdiction,

886and agree to waive compliance with the fonn of the Final Order (findings of fact and conclusions

903of law) to which it may be entitled as to this matter. Provided, however, that this Agreement

920shall not be a waiver by any party of the right to the judicial enforcement of this Agreement.

9384. Upon full execution ofthis Agreement, the Parties stipulate as follows:

949a. The Respondent, for settlement purposes, will accept Count 1 and Count

961II, the two unclassified deficiencies for criminal background screening violations,

971of the Administrative Complaint in AHCA No. 2014003985 and 2014006292; the

982Respondent will accept Count I, the one unclassified deficiency for a criminal

994background screening violation, of the Administrative Complaint in AHCA No.

10042015000083; and Respondent shall pay two thousand dollars ($2,000.00) m

1015administrative fines to the Agency within 30 days of the date of a final order.

1030b. The Respondent's Facility shall implement facility policies and procedures

1040that prohibit its staff members and volunteers from: giving gifts and/or property

1052greater than twenty dollars ($20.00) in value to any residents; receiving gifts

1064and/or property greater than twenty dollars ($20.00) in value from any residents;

1076or entering into any personal financial arrangements with a resident.

1086c. The Agency, for settlement purposes, will voluntarily withdraw Count II

1097of the. Administrative Complaint, the Class II resident rights violation, in Al--ICA

1109No. 2015000083.

11115. Venue tor any action brought to interpret, challenge or enforce the terms of this

1126Agreement or the Final Order entered pursuant to this Agreement shall lie solely in the State

1142Circuit Court of Leon County, Florida.

11486. By executing this Agreement, the Respondent neither admits nor denies the

1160allegations set forth in the Administrative Complaints, but recognize that the Agency continues

1173to assert the validity of the allegations in good taith. The Respondent acknowledges that this

1188Agreement does not aflect in any manner any other type of action that is or may be initiated

1206against the Respondent by any other government agency, regardless of the type of action or the

1222forum in which the action is brought. The Respondent also acknowledges that this Agreement

1236may nol be admitted into evidence jn any type of action that is or may be initiated against them.

12557. Upon full execution of this Agreement, the Agency shall enter a Final Order

1269adopting and incorporating the terms ofthis Agreement and closing the above-styled case(s).

12818. Each party shall bear its own costs and attorney's fees.

12929. This Agreement shaH become etfective on the date upon which it is fully executed

1307by all of the Parties.

1312I 0. The Respondent, for herself and tor any related or resulting organizations,

1325successors or transferees, attorneys, heirs, and executors or administrators, discharge the Agency

1337and its agents, representatives, and attorneys of all claims, demands, actions, causes of action,

1351suits, damages, losses, and expenses, of any and every natut·e whatsoever, arising out of or in any

1368way related to the above referenced actions, including, bulnot limited to, any claims that were or

1384may be asserted in any federal or slate court or l(mtm, including claims arising out

1399or the subject of this Agreement, by or on behalf of the Respondent or related or resulting

1416organ iza.tions.

141811. This Agreement is binding upon all Parties and those persons and entities

1431identified in the aforementioned paragraph of this Agreement.

143912. In the event that the Respondent was a Medicaid provider at the time of

1454the occurrences alleged in the Administrative Complaints, this Agreement does not prevent the

1467Agency ti·om seeking Medicaid overpayments related to the subject issues.

1477I 3. The undersigned have read and understand this Agreement and have authority to

1491bind their respective principals. The Parties and their representatives have the legal capacity to

1505execute this Agreement. The Parties have right to consult with their own counsel and have done

1521so in knowingly and fi·eely entering into this Agreement. The Respondent understands that

1534Agency counsel represents solely the Agency and that Agency counsel has not provided any

1548legal advice to them, or influenced them, in the decision to enter into this Agreement.

156314, This Agreement contains !he entire understandings and agreements of the Parties.

1575This Agreement supersedes any prior oral or written understandings and agreements between the

1588Parties, This Agreement may not be amended except in writing. Any attempted assignment of

1602this Agreement shaJJ be void.

160715. All Parties agree that an electronic signature suffices for an original signature and

1621that this Agreement may be executed in counterpart.

162916. TI1e following representatives hereby acknowledge that they are duly authorized

1640to enter into this Agl'eement.

1645ol y M ns y, Deputy Secretary Elizabet 1 :Ieiman, Administrator

1656th Qu · ssurance Jest Ope ting, Inc. d/b/a Somerset

1666Agency for Health C'..are Administration 2450 Dora A venue

16752727 Mahan Drive MS# 3 Tavares, Florida 32778

1683Tallahassee, 32308

1685DATED: 2:!:/L[ __ _

1689Dean F. DiBartolomeo, Esquire

1693Office of the General Counsel Counsel for Respondent

1701Agency for Health Care Administration 8400 Bird Road

17092727 Mahan Drive, Mail Stop #3 Miami, Florida 33155

1718Tallahassee, Florida, 32308

1721DATED:

1722ornquest, enior Attorney

1725Office of the General Co nsel

1731Agency for Health Care Administration

17362727 Mahan Drive, Mail Stop #3

1742Tallahassee, Florida 32308

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 09/29/2015
Proceedings: Settlement Agreement filed.
PDF:
Date: 09/29/2015
Proceedings: Agency Final Order filed.
PDF:
Date: 09/22/2015
Proceedings: Agency Final Order
PDF:
Date: 09/22/2015
Proceedings: Agency Final Order
PDF:
Date: 07/30/2015
Proceedings: Order Closing File. CASE CLOSED.
PDF:
Date: 07/29/2015
Proceedings: (Petitioner's) Motion to Relinquish Jurisdiction filed.
PDF:
Date: 07/07/2015
Proceedings: Order of Consolidation (DOAH Case Nos. 15-1423 and 15-3648).
PDF:
Date: 07/02/2015
Proceedings: Joint Motion to Consolidate Cases filed.
PDF:
Date: 05/27/2015
Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for August 5, 2015; 9:30 a.m.; Orlando, FL).
PDF:
Date: 05/26/2015
Proceedings: (Respondent's) Unopposed Motion to Continue and Reset Hearing filed.
PDF:
Date: 05/05/2015
Proceedings: Agency's First Request for Production to Respondent filed.
PDF:
Date: 05/05/2015
Proceedings: Agency's First Request for Admissions filed.
PDF:
Date: 05/05/2015
Proceedings: Agency's Notice of Propounding First Set of Interrogatories filed.
PDF:
Date: 03/25/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 03/25/2015
Proceedings: Notice of Hearing by Video Teleconference (hearing set for June 11, 2015; 9:30 a.m.; Orlando and Tallahassee, FL).
PDF:
Date: 03/24/2015
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 03/17/2015
Proceedings: Initial Order.
PDF:
Date: 03/16/2015
Proceedings: Election of Rights filed.
PDF:
Date: 03/16/2015
Proceedings: Petition for Administrative Hearing filed.
PDF:
Date: 03/16/2015
Proceedings: Notice (of Agency referral) filed.
PDF:
Date: 03/16/2015
Proceedings: Administrative Complaint filed.

Case Information

Judge:
SUZANNE VAN WYK
Date Filed:
03/16/2015
Date Assignment:
03/17/2015
Last Docket Entry:
09/29/2015
Location:
Orlando, Florida
District:
Middle
Agency:
Other
 

Counsels