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.
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 30, 2020.
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)
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
Counsels
-
Thomas Porter Crapps, Esquire
Address of Record -
Diana M. Giraldo, Esquire
Address of Record -
Shena L. Grantham, Esquire
Address of Record -
Thomas M. Hoeler, Esquire
Address of Record