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19-003667 Agency For Health Care Administration vs. Bon Secours - Maria Manor Nursing Care Center, Inc.
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 22, 2019.

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1k 10A

3r, E! C 6 CLERK

8STATE OF FLORIDA

11AGENCY FOR HEALTH CARE ADMINISTRATION 1919 AUG 2 2 P 1: 5 8

24STATE OF FLORIDA, AGENCY FOR

29HEALTH CARE ADMINISTRATION,

32Petitioner,

33AHCA Case No.: F0419- 0006- 001

39VS. Provider ID: 35- 55232

44Complaint No.: 2019009361

47BON SECOURS — MARIA MANOR

52NURSING CARE CENTER, INC.

56Respondent.

57FINAL ORDER

59THIS CAUSE is before me for issuance of a Final Order. In a letter dated May 28, 2019,

77STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (" Agency")

88informed BON SECOURS — MARIA MANOR NURSING CARE CENTER, INC..

98Respondent") that it had an unpaid balance due pertaining to a Nursing Home Quality

113Assessment fee payable for April 2019. The letter indicated that this was the facility' s fourth

129offense and that pursuant to section 409. 9082, Florida Statutes, and Rule 59G- 6. 010, Fla. Admin.

146Code, the Agency was assessing a $ 1000. 00 fee for each day of the delinquent payment, and could

165seek suspension or termination. The May 28, 2019, letter is attached and incorporated by reference

180herein.

181On June 12, 2019, Respondent filed a Petition for Formal Administrative Hearing

193requesting a hearing to dispute the facts contained in the Agency' s May 28, 2019, letter.

209AHCA v. Bon Secours

213F0419- 0006- 001

216Final Order

218Page 1 of 5

222On July 22, 2019, Respondent filed an Unopposed Notice of Withdrawal and Voluntary

235Dismissal of Petition for Formal Administrative Hearing. That same day DOAH entered an Order

249Closing File and Relinquishing Jurisdiction.

254Respondent has paid the fines assessed in the Agency's letter ofMay 28,2019.

267FINDINGS OF FACT

2701. Respondent was provided notice of the fine, and of its administrative and due

284process rights as set forth in the attached letter.

2932. Respondent filed, but subsequently withdrew, a Petition for Formal Administrative

304Hearing.

3053. Respondent has paid the fines assessed by the Agency.

315CONCLUSIONS OF LAW

3184. The Agency is entitled to impose a fine under section 409.9082, Florida Statutes

332(2018) and Rule 59G-6.010(4), F.A.C., for late payment of the facility's April 2019 Quality

346Assessment Fee.

3485. Rule 59G-6.010(4)(c), F.A.C. defines an "offense" as "one month's quality

359assessment fee not received by the 20th day of the next succeeding calendar month."

373ORDER

374BASED on the foregoing, it is ORDERED and ADJUDGED that this matter is closed.

388AHCA v. Bon Secours

392F0419-0006-001

393Final Order

395Page 2 ofS

398DONE AND ORDERED this 7,1.-- day of , 2019, in Tallahassee, Leon

410County, Florida.

412/ 1

414/ !!

416//_

417/r------·

418:ty[ YC.MAYHEW,SECRETARY

, 421'ncy for Health Care Administration

426REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

433AHCA v. Bon Secours

437F0419-0006-001

438Final Order

440Page 3 of5

443A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED

455TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY

467OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A

480SECOND COPY ALONG WITH FILING FEE AS PRESCRIBED BYLAW, WITH THE

491DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE

501AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES.

510REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE

519FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED

529WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

540Copies furnished to:

543Bon Secours-Maria Manor Nursing Care Blake Delaney, Esquire

551Center Buchanan Ingersoll Rooney

55510300 4th Street North 401 East Jackson Street, Suite 2400

565St. Petersburg, FL 33716 Tampa, FL 33602

572(U.S. mail) blake.delaney@bipc.com

575(Electronic Mail)

577Michael Murphy Susan Sapoznikoff, Esquire

582Revenue Financial Administrator Agency for Health Care Administration

590Agency for Health Care Administration (Electronic Mail)

597(Electronic Mail)

599Zainab Day Agency for Health Care Administration

606Regulatory Analyst Supervisor Division of Health Quality Assurance

614Agency for Health Care Administration (Electronic mail)

621(Electronic Mail)

623Jon Manalo Agency for Health Care Administration

630Deputy Secretary of Operations Bureau of Financial Services

638Agency for Health Care Administration (Electronic Mail)

645(Electronic Mail)

647Shena Grantham, Esquire

650Agency for Health Care Administration

655(Electronic Mail)

657AHCA v. Bon Secours

661F0419-0006-001

662Final Order

664Page 4 ofS

667CERTIFICATE OF SERVICE

670I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to

686the above-named addressees by U.S. Mail or other designated method on this the 'Zv day of

702¥ ,2019.

704Ric a

706Agency Clerk

708State of Florida

711Agency for Health Care Administration

7162727 Mahan Drive, MS #3

721Tallahassee, Florida 32308-5403

724(850) 412-3689/FAX (850) 921-0158

728AHCA v. Bon Secours

732F0419-0006-00 1

734Final Order

736Page 5 ofS

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 09/06/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 08/22/2019
Proceedings: Agency Final Order
PDF:
Date: 07/22/2019
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 07/22/2019
Proceedings: Petitioner's Unopposed Notice of Withdrawal and Voluntary Dismissal of Petition for Formal Administrative Hearing filed.
PDF:
Date: 07/18/2019
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 07/18/2019
Proceedings: Notice of Hearing by Video Teleconference (hearing set for September 5, 2019; 9:30 a.m.; St. Petersburg and Tallahassee, FL).
PDF:
Date: 07/17/2019
Proceedings: Joint Motion to Extend Time to Prepare Joint Response to Initial Order, or in the Alternative, Agency's Response to Initial Order filed.
PDF:
Date: 07/17/2019
Proceedings: Agency's Motion to Relinquish Jurisdiction filed.
PDF:
Date: 07/11/2019
Proceedings: Notice of Service of Interrogatories and Request for Admissions filed.
PDF:
Date: 07/10/2019
Proceedings: Initial Order.
PDF:
Date: 07/10/2019
Proceedings: Agency action letter filed.
PDF:
Date: 07/10/2019
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 07/10/2019
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
LINZIE F. BOGAN
Date Filed:
07/10/2019
Date Assignment:
07/10/2019
Last Docket Entry:
09/06/2019
Location:
St. Petersburg, Florida
District:
Middle
Agency:
Other
 

Counsels

Related Florida Statute(s) (1):

Related Florida Rule(s) (1):