20-002630 Agency For Health Care Administration vs. Pavilion Gardens, Llc, D/B/A Pavilion Gardens
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 30, 2020.


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14

2STATE OF FLORIDA

5AGENCY FOR HEALTH CARE ADMINISTRATION2 -

112 2: 06 ` b

16STATE OF FLORIDA, AGENCY FOR

21HEALTH CARE ADMINISTRATION,

24Petitioner, DOAH No. 20- 2630

29AHCA No. 2020001947

32vs License No. 7469

36File No. 11942726

39PAVILION GARDENS, LLC d/ b/ a Provider Type: ALF

48PAVILION GARDENS, RENDITION NO.: AHCA- Z. o 5; S - S- OLC

60Respondent.

61STATE OF FLORIDA, AGENCY FOR

66HEALTH CARE ADMINISTRATION,

69Petitioner,

70V. AHCA No. 2020001076

74PAVILION GARDENS, LLC d/ b/ a

80PAVILION GARDENS,

82Respondent.

83STATE OF FLORIDA, AGENCY FOR

88HEALTH CARE ADMINISTRATION,

91Petitioner,

92AHCA Nos. 2020003693

95v 2019005806

972020007532

98PAVILION GARDENS, LLC d/ b/ a 2020009930

105PAVILION GARDENS,

107Respondent.

108PAVILION GARDENS, LLC d/b/a

112PAVILION GARDENS,

114Petitioner,

115v. AHCA No. 2020003694

119STATE OF FLORIDA, AGENCY FOR

124HEALTH CARE ADMINISTRATION,

127Respondent.

128_______________________________/

129FINAL ORDER

131Having reviewed the Administrative Complaint and Notice oflntent to Deny Renewal Application,

143and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:

1601. The Agency issued an Immediate Moratorium on Admissions to the Provider. Case No.

1742020001076. The Agency issued a follow up Administrative Complaint to the Provider. Case No.

188202000194 7. (Ex. 1) The Agency subsequently issued a Notice oflntent to Deny the Renewal Application

204to the Provider. Case No. 2020003694. (Ex. 2) The parties have since entered into the attached Settlement

221Agreement, which is adopted and incorporated by reference into this Final Order. (Ex. 3)

2352. The parties shall comply with the terms set forth in the settlement agreement, specifically

250those terms that relate to the licensure of this assisted living facility.

2623. The Immediate Moratorium on Admissions is lifted effective the date of this Final Order.

2774. The Provider shall pay the Agency $38,887.74 within thirty (30) days of the Final Order

294adopting the Settlement Agreement. If full payment has been made, the cancelled check acts as receipt of

311payment and no further payment is required. If full payment has not been made, payment is due within

32930 days of the Final Order. Overdue amounts are subject to statutory interest and may be referred to

347collections. A check made payable to the "Agency for Health Care Administration" and containing the

362AHCA ten-digit case number should be sent to:

370Central Intake Unit

373Agency for Health Care Administration

3782727 Mahan Drive, Mail Stop 61

384Tallahassee, Florida 32308

387NOTICE OF RIGHT TO JUDICIAL REVIEW

393A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted

412by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with

433filing fee as prescribed by law, with the District Court of Appeal in the appellate district where the Agency

452maintains its headquarters or where a party resides. Review of proceedings shall be conducted in

467accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of

484rendition of the order to be reviewed.

491CERTIFICATE OF SERVICE

494I CERTIFY that a true and correct c.9P7'. of this Final Order was served on the below-named

511persons by the method designated on this of , 7 , 2020.

521gency

522Agency for Health Care Administration

5272727 Mahan Drive, Mail Stop 3

533Tallahassee, Florida 32308

536Telephone: (850) 412-3630

539Janice Mills, Government Analyst II Central Intake Unit

547Facilities Intake Unit Agency for Health Care Administration

555Agency for Health Care Administration (Electronic Mail)

562(Electronic Mail)

564Arlene Mayo-Davis, Field Office Manager Keisha Woods, Unit Manager

573Local Field Office Licensure Unit

578Agency for Health Care Administration Agency for Health Care Administration

588(Electronic Mail) (Electronic Mail)

592Kimberly Smoak, Bureau Chief Laura MacLafferty, Bureau Chief

600Bureau of Operations Bureau of Health Quality Assurance

608Agency for Health Care Administration Agency for Health Care Administration

618(Electronic Mail) (Electronic Mail)

622Traci Gerrell, Consultant II Lucy Gibson, Senior Management Analyst

631Division ofHealth Quality Assurance Division of Health Quality Assurance

640Agency for Health Care Administration Agency for Health Care Administration

650(Electronic Mail) (Electronic Mail)

654Diana M. Giraldo, Senior Attorney Annando Godinez, Administrator

662Office of the General Counsel Pavilion Gardens, LLC d/b/a Pavilion Gardens

673Agency for Health Care Administration 71 West 30 111 Street

683(Electronic Mail) Hialeah, Florida 33012

688(U.S. Mail)

690Thomas M. Hoeler, ChiefFacilities Counsel Thomas P. Crapps, Esq.

699Office of the General Counsel Counsel for Respondent

707Agency for Health Care Administration Meenan, P.A.,

714(Electronic Mail) 300 South Duval Street, Ste 410

722Tallahassee, Florida 32301

725Tom@meenanlawfirm.com

726(by electronic mail)

729The Honorable Mary Li Creasy

734Administrative Law Judge

737Division of Administrative Hearings

741(Electronic Filing)

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 07/29/2020
Proceedings: Settlement Agreement filed.
PDF:
Date: 07/29/2020
Proceedings: Agency Final Order filed.
PDF:
Date: 07/02/2020
Proceedings: Agency Final Order
PDF:
Date: 06/30/2020
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 06/29/2020
Proceedings: Motion to Relinquish Jurisdiction filed.
PDF:
Date: 06/18/2020
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 06/18/2020
Proceedings: Notice of Hearing by Video Teleconference (hearing set for August 27 and 28, 2020; 9:00 a.m.; Miami and Tallahassee, FL).
PDF:
Date: 06/15/2020
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 06/10/2020
Proceedings: Initial Order.
PDF:
Date: 06/09/2020
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 06/09/2020
Proceedings: Administrative Complaint filed.
PDF:
Date: 06/09/2020
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
MARY LI CREASY
Date Filed:
06/09/2020
Date Assignment:
06/10/2020
Last Docket Entry:
07/29/2020
Location:
Miami, Florida
District:
Southern
Agency:
Other
 

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