16-000117 Palm Garden Of Aventura vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 25, 2016.

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

PALM GARDEN OF AVENTURA,

2016 MAY ! I A 13: 39

Petitioner,

DOAH No. 16 - 0117

V.

AHCA No. 2015012690

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

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.

In accordance with a contract with the Centers for Medicare and Medicaid Services, the

Petitioner Agency conducted a federal a statement federal survey of the Petitioner' s skilled nursing facility and thereafter issued the

of deficiencies. The Petitioner filed a Petition for Formal Administrative

Proceeding ( " Petition ") seeking to challenge the federal findings.

2.

The Agency referred the matter to the Division of Administrative Hearings where it was

assigned to an Administrative Law Judge. The Agency promptly moved to dismiss the Petition based

upon statement the Division' of deficiencies. s lack subject matter jurisdiction to decide the federal citations contained in a federal

3.

After receipt of the Agency' s motion, the Petitioner filed a Notice of Voluntary Dismissal

prior to a final ruling by the Administrative law Judge. The Administrative Law Judge issued an Order

Closing File and Relinquishing Jurisdiction.

4. The Petition is voluntarily dismissed and the case is closed.

ORDERED in Tallahassee, Florida, on this 6 day of 1- , 2016.

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

named persons by the method designated on this /Z_l>aily of , 2016.

/

Richard J. Shoop, Agency C erk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

Telephone [phone]

Facilities Intake Unit Polly Weaver, Assistant Deputy Secretary

Agency for Health Care Administration Division of Health Quality Assurance

(Electronic Mail) Agency for Health Care Administration

(Electronic Mail)

Bernard Hudson, Unit Manager Kimberly Smoak, Bureau Chief

Long Term Care Unit Bureau of Field Operations

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Andrew Thomquest, Assistant General Counsel Richard J. Saliba, Assistant General Counsel

Office of the General Counsel Office of the General Counsel

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Honorable John G. Van Laningham Thomas W. Caufman, Esquire

Administrative Law Judge Quintairos, Prieto, Wood & Boyer, P.A.

Division of Administrative Hearings 4905 West Laurel Street, Suite 200

(Electronic Filing) Tampa, Florida 33607

(U.S. Mail)