15-004329 Agency For Health Care Administration vs. Sandra Goodman Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 10, 2015.

STATE OF FLORIDA IC-- F €' i., H0 Y CLERK

AGENCY FOR HEALTH CARE ADMINISTRATION

2016 JAN - 8 P 12: 4 S

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner,

vs

AHCA No. 2015006607

SANDRA GOODMAN, RENDITION NO.: AHCA- kU - ( p2J - S- OLC

Respondent.

FINAL ORDER

THIS CAUSE came on for consideration before the Agency for Health Care Administration

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

1. The Agency issued the Respondent the attached Notice of Intent to Impose Fine ( Ex. 1).

The parties have since entered into the attached Settlement Agreement ( Ex. 2), which is adopted and

incorporated by reference.

2. The Notice of Intent to Impose Fine is withdrawn.

ORDERED in Tallahassee, Florida, on this 9 day of 92016.

4b4& ek, Secretary

cy Care Administration

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party that is adversely affected by this Final Order is entitled to seek 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 Review Appeal in of the proceedings appellate shall district be

where the agency maintains its headquarters or where a party resides.

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 HEREBY CERTIFY that a true and correc opy of this Final O er was served on the 2016 below -

named persons by the method designated on this ay of c r ,

Richard J. Shoop, Agency Clerk —

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

Telephone ( 850) 412 - 3630

Facilities Intake Unit Warren J. Bird, Assistant General Counsel

Agency for Health Care Administration Office of the General Counsel

Electronic Mail) Agency for Health Care Administration

Electronic Mail)

San dra D. Goodman, Administrator

Sandra Goodman

4050 SW 147' PI

Ocala, Florida 34473

U. S. Mail)

0a

tLr £ EIi, i;

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner,

VS. AHCA No. 2015006607

SANDRA GOODMAN,

Respondent.

SETTLEMENT AGREEMENT

The Petitioner, State of Florida, Agency for Health Care Administration ( hereinafter " the

Agency "), through its undersigned representatives, and the Respondent, Goodman Sandra

hereinafter " the Respondent "), pursuant to Section 120. 57( 4), Florida Statutes, each

individually, a " party," collectively as " parties," enter into this Settlement Agreement

Agreement ") and agree as follows:

WHEREAS, the Respondent is an adult family care home facility licensed pursuant to

Chapters 429, Part II, and 408, Part II, Florida Statutes, and Chapter 58A - 14, Florida

Administrative Code; and

WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing

authority over the Respondent; and

WHEREAS, the Agency served the Respondent with a Notice of Intent to Impose Fine

Notice if Intent ") notifying the party of its intent to impose a fine; and

WHEREAS, the parties have agreed that a fair, efficient, and cost effective resolution of

this dispute would avoid the expenditure of substantial sums to litigate the dispute; and

WHEREAS, the parties stipulate to the adequacy of considerations exchanged; and

WHEREAS, the parties have negotiated in good faith and agreed that the best interest of

EXHIBIT 2

all the parties will be served by a settlement of this proceeding; and

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

parties intending to be legally bound, agree as follows:

1. All recitals are true and correct and are expressly incorporated herein.

2. Both parties agree that the " whereas" clauses incorporated herein are binding

findings of the parties.

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

any request for administrative proceeding it may have filed; agrees to waive any and all

proceedings and appeals under Chapter 120, Florida Statutes to which it 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 quasi - court ( DOAH) of competent jurisdiction;

and further agrees to waive compliance with the form of the Final Order ( findings of fact and

conclusions of law) to which it may be entitled as to this matter. Provided, however, that no

agreement herein, shall be deemed a waiver by either party of its right to judicial enforcement of

this Agreement.

4. Upon full execution of this Agreement, the parties agree that the Notice of Intent

to Impose Fine directed to the Respondent dated June 24, 2015, shall be deemed withdrawn by

this Agreement.

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

Agreement or the Final Order entered pursuant hereto shall lie solely in the Circuit Court in Leon

County, Florida.

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

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

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

8. This Agreement shall become effective on the date upon which it is fully executed

by all the parties.

9. The Respondent for itself and for its related or resulting organizations, its

successors or transferees, attorneys, heirs, and executors or administrators, does hereby 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 nature whatsoever, arising out

of or in any way related to the Notice of Intent referenced herein, including, but not limited to,

any claims that were or may be asserted in any federal or state court or administrative forum,

including claims arising out of the subject of this Agreement, by or on behalf of the Respondent

or related or resulting organizations.

10. This Agreement is binding upon all parties herein and those identified in the

aforementioned paragraph of this Agreement.

11. In the event that the Respondent is or was a Medicaid provider, this settlement

does not prevent the Agency from seeking Medicaid overpayments or from imposing any

sanctions pursuant to Rule 59G- 9. 070, Florida Administrative Code.

12. The undersigned have read and understand this Agreement and have authority to

bind their respective principals. The Respondent has the capacity to execute this Agreement.

The Respondent understands that it has the right to consult with counsel and has knowingly and

freely entered into this Agreement without exercising its right to consult with counsel. The

Respondent understands that counsel for the Agency represents solely the Agency and that

Agency counsel has not provided legal advice to or influenced the Respondent in its decision to

enter into this Agreement.

13. This Agreement contains the entire understandings and agreements of the parties.

14. This Agreement supersedes any prior oral or written agreements between the

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

this Agreement shall be void.

15, All parties agree that a facsimile signature suffices for an original signature.

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

to enter into this Agreement.

a

Molly Kiris eputy Secretary Sandra D. Goodman, Administrator

Heal lity ce Goodman Sandra

Agency for Health Care Administration 4050 SW 147` x' PI

2727 Mahan Drive Ocala, Florida 34473

Tallahassee, Florida 32308

DATED: / QLl & / erg'

DATED: 16

Stuart F. Williams

General Counsel Assistant Counsel

Agency for Health Care Administration Agency for figAh Care Administration

2727 Mahan Drive, Mail Stop # 3 2727 Mahan Drive, Mail Stop # 3

Tallahassee, Florida 3230 Tallahassee, Florida 32308

DATED: /,- 1J DATED: I ) - ;—,,, I a 3