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.
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 30, 2015.
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 Count IV of the Administrative Complaint is withdrawn.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
- Date
- Proceedings
- 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 Notice of Propounding First Set of Interrogatories 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
-
Dean F. DiBartolomeo, Esquire
Law Offices of DiBartolomeo
8400 Bird Road
Miami, FL 33155
(305) 226-2276 -
Andrew Beau-James Thornquest, Esquire
Agency for Health Care Administration
Mail Stop 3
2727 Mahan Drive
Tallahassee, FL 32308
(850) 412-3679 -
Dean F DiBartolomeo, Esquire
Address of Record