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15-002866 Southeast Senior Care Management Group, Llc, D/B/A Memory Lane vs. Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 18, 2015.

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12 K

3STATE OF FLORIDA

6AGENCY FOR HEALTH CARE ADMINISTRATION 2015 " LP 0 0 2: 11

17SOUTHEAST SENIOR CARE

20MANAGEMENT GROUP, LLC,

23d/ a b/ MEMORY LANE,

28Petitioner, DOAH NO. 15- 2866

33V. AHCA NO. 2014009339

37License No. 11887

40STATE OF FLORIDA, AGENCY FOR File No. 11967908

48HEALTH CARE ADMINISTRATION, Provider Type: Assisted Living Facility

56RENDITION NO.: AHCA- IS lQ - S- OLC

64Respondent.

65STATE OF FLORIDA, AGENCY FOR

70HEALTH CARE ADMINISTRATION,

73Petitioner, DOAH NO. 15- 3162

78V. AHCA NO. 2014004025

82SOUTHEAST SENIOR CARE

85MANAGEMENT GROUP, LLC,

88d/ a b/ MEMORY LANE,

93Respondent.

94FINAL ORDER

96THESE CAUSES came on for consideration before the Agency for Health Care Administration

109the Agency"), which finds and concludes as follows:

1181. The Agency issued Southeast Senior Care Management Group, LLC, d/ a b/ Memory

132Lane, the attached Amended Notice of Intent to Deny for Renewal Application ( Ex. 1) and the attached

150Amended Administrative Complaint. Ex. 2). The parties have since entered into the attached

163Settlement Agreement ( Ex. 3), which is adopted and incorporated by reference.

1752. The Agency shall grant the Licensee a provisional license with an expiration date of

190January 29, 2016. At the conclusion of this period, the provisional license shall expire on its own by

208operation of law and neither the Licensee nor any prospective change of ownership (" CHOW")

224applicant shall have any privilege, interest or remedy to extend the provisional licensure period any

239further than this expiration date.

2443. During the provisional licensure period, the Licensee may secure a bona fide purchaser or

259purchasers for value with regard to the facility through an arm's length transaction and consent to the

276CHOW application for the facility, as set forth in the Settlement Agreement. The CHOW application

291must be filed with the Agency by no later than November 1, 2015.

3044. An administrative fine of $24,000.00 is imposed against the Licensee, but STAYED in

319accordance with the terms of the Settlement Agreement.

3275. A voluntary moratorium on admissions is imposed upon the Licensee in accordance with

341the terms of the Settlement Agreement.

3476. The Amended Notice of Intent to Deny is WITHDRAWN subject to the terms of the

363parties' Settlement Agreement.

3667. The Amended Administrative Complaint is WITHDRAWN subject to the terms of the

379parties' Settlement Agreement.

3828. The parties shall comply with all other terms in the Settlement Agreement.

395ORDERED in Tallahassee, Florida, on this Z-8 day 2015.

404ecretary

405Care Administration

407NOTICE OF RIGHT TO JUDICIAL REVIEW

413A party that is adversely affected by this Final Order is entitled to seek judicial review which shall be

432instituted by filing one copy of a notice of appeal with the agency clerk of AHCA, and a second copy,

452along with filing fee as prescribed by law, with the District Court of Appeal in the appellate district

470where the agency maintains its headquarters or where a party resides. Review of proceedings shall be

486conducted in accordance with the Florida appellate rules. The notice of appeal must be filed within 30

503days of rendition of the order to be reviewed.

512CERTIFICATE OF SERVICE

515I HEREBY CERTIFY that a true and of this Final Order was served on the below-

531named persons by the method designated on this M_ , 2015.

541Richard J. Shoop, Agency erk

546Agency for Health Care Administration

5512727 Mahan Drive, Mail Stop 3

557Tallahassee, Florida 32308

560Telephone (850) 412-3630

563Facilities Intake Unit Catherine Anne Avery, Unit Manager

571Agency for Health Care Administration Licensure Unit

578(Electronic Mail) Agency for Health Care Administration

585(Electronic Mail)

587Central Intake Unit Kriste Mennella, Field Office Manager

595Agency for Health Care Administration Local Field Office

603(Electronic Mail) Agency for Health Care Administration

610(Electronic Mail)

612Warren Bird, Presiding Officer JefferyS. Howell, Esquire

619Presiding Officer Phipps & Howell

624Agency for Health Care Administration P.O. Box 1351

632(Electronic Mail) Tallahassee, FL 32302

637(U.S. Mail)

639David Selby, Assistant General Counsel John Cheney, Individually & as Director

650Office of the General Counsel Southeast Senior Care Management Group, LLC

661Agency for Health Care Administration d/b/a Memory Lane

669(Electronic Mail) P.O. Box 1010

674Dade City, FL 33526

678(U.S. Mail)

680Thomas M. Hoeler, Chief Facilities Counsel Anita Helmig, Individually & as Director

692Office of the General Counsel Southeast Senior Care Management Group, LLC

703Agency for Health Care Administration d/b/a Memory Lane

711(Electronic Mail) P 0 Box 1010

717Dade City, FL 33526

721(U.S. Mail)

723Division of Administrative Hearings

727(Electronic Filing)

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 10/09/2015
Proceedings: Settlement Agreement filed.
PDF:
Date: 10/09/2015
Proceedings: Agency Final Order filed.
PDF:
Date: 09/29/2015
Proceedings: Agency Final Order
PDF:
Date: 08/18/2015
Proceedings: Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 08/14/2015
Proceedings: Joint Motion to Relinquish Jurisdiction (filed in Case No. 15-003162).
PDF:
Date: 08/14/2015
Proceedings: Joint Motion to Relinquish Jurisdiction filed.
PDF:
Date: 07/06/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 07/06/2015
Proceedings: Notice of Hearing (hearing set for September 1 and 2, 2015; 9:00 a.m.; Ocala, FL).
PDF:
Date: 06/24/2015
Proceedings: Joint Response to Order of Consolidation filed.
PDF:
Date: 06/16/2015
Proceedings: Order of Consolidation (DOAH Case Nos. 15-2866 and 15-3162).
PDF:
Date: 06/15/2015
Proceedings: Joint Response to Initial Order & Joint Motion to Consolidate filed.
PDF:
Date: 05/28/2015
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 05/22/2015
Proceedings: Initial Order.
PDF:
Date: 05/21/2015
Proceedings: Amended Notice of Intent to Deny for Renewal Application filed.
PDF:
Date: 05/21/2015
Proceedings: Amended Petition for Formal Administrative Proceeding filed.
PDF:
Date: 05/21/2015
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
JAMES H. PETERSON, III
Date Filed:
05/21/2015
Date Assignment:
05/22/2015
Last Docket Entry:
10/09/2015
Location:
Ocala, Florida
District:
Northern
Agency:
Other
 

Counsels

  • Jeffrey Scott Howell, Esquire
    Phipps and Howell
    4th Floor
    201 South Monroe Street
    Tallahassee, FL 32301
    (850) 222-7000
  • Edwin David Selby, Esquire
    Agency for Health Care Administration
    Sebring Building, Third Floor, Room 330
    525 Mirror Lake Drive, North
    St. Petersburg, FL 33701
    (727) 552-1942