15-003648 Agency For Health Care Admnistration 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.

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION r

2015 07P 22 FD 12. 50

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner, Case Nos. 15- 1423

15- 3648

V. AHCA Nos. 2014003985

2014006292

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

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

Respondent.

FINAL ORDER

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

Health Care Administration finds and concludes as follows:

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

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

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

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

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

financial arrangements with residents.

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

cancelled check 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 statutory

interest 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:

Central Intake Unit

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 61

Tallahassee, Florida 32308

4. Count IV of the Administrative Complaint is withdrawn.

L

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

t-

Elizab ude , S retary

Agenc f r Healt are 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 Appeal must be filed within 30

days of rendition of the order to be reviewed.

CERTIFICATE OF SERVICE

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

persons by the method designated on of , , 2015.

Richard J. Shoop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

Telephone: [phone]

Jan Mills Central Intake Unit

Facilities Intake Unit Agency for Health Care Administration

Agency for Health Care Administration (Electronic Mail)

(Electronic Mail)

Andrew B. Thomquest, Senior Attorney Elizabeth Heiman, Administrator

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

Agency for Health Care Administration 2450 Dora Avenue

(Electronic Mail) Tavares, Florida 32778

(U.S. Mail)

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

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

Agency for Health Care Administration 8400 Bird Road

(Electronic Mail) Miami, Florida 33155

(U.S. Mail)

Anne Avery, Unit Manager

Assisted Living Unit

Agency for Health Care Administration

(Electronic Mail)

STATE

AGENCY FOR HRALTH CAH.E A])MINISTRATION

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner,

DOAH Nos.: 15-1423

vs. 15-3648

AHCA Nos.: 2014003985

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

2015000083

Respondent.

SETTLEMENT AGREEMENT

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

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

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

follows:

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

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

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

58A-5, Florida Administrative Code; and

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

living tucility in Florida; and

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

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

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

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

expenditure of substantial sums to further litigate these disputes; and

EXHIBIT 2

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

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

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

Settlement Agreement (hereinafter "the Agreement").

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2015000083; and Respondent shall pay two thousand dollars ($2,000.00) m

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

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

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

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

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

or entering into any personal financial arrangements with a resident.

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

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

No. 2015000083.

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

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

Circuit Court of Leon County, Florida.

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

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

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

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

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

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

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

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

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

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

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

by all of the Parties.

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

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

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

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

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

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

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

organ iza.tions.

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

identified in the aforementioned paragraph of this Agreement.

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

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

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

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

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

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

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

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

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

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

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

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

this Agreement shaJJ be void.

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

that this Agreement may be executed in counterpart.

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

to enter into this Agl'eement.

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

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

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

2727 Mahan Drive MS# 3 Tavares, Florida 32778

Tallahassee, 32308

DATED: 2:!:/L[ __ _

Dean F. DiBartolomeo, Esquire

Office of the General Counsel Counsel for Respondent

Agency for Health Care Administration 8400 Bird Road

2727 Mahan Drive, Mail Stop #3 Miami, Florida 33155

Tallahassee, Florida, 32308

DATED:

ornquest, enior Attorney

Office of the General Co nsel

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308