20-005408 Agency For Health Care Administration vs. Gvdb Operations, Llc, D/B/A Grand Villa Of Delray East Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, February 22, 2021.

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is entitled to 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 CERTIFY that a true and Final served on the below-named

persons by the method designated on this _£j"!___/'(ffiy of rC..- ' 2021.

·'

,.,.._.._..HTi'\\oop, Agen

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

Telephone: [phone]

Facilities Intake Unit Central Intake Unit

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Thomas J. Walsh II, Senior Attorney Amy W. Schrader, Esq.

Office of the General Counsel Baker, Donelson

Agency for Health Care Administration 101 North Monroe Street, Suite 925

(Electronic Mail) Tallahassee, Florida 32301

[e-mail]

(Electronic Mail)

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner,

V. DOAH No. 20-5408

ACHA No. 2020010121

GVDB OPERATIONS, LLC d/b/a

GRAND VILLA OF DELRAY EAST,

Respondent.

______________________________/

SETTLEMENT AGREEMENT

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

"Agency"), through its undersigned representatives, and Respondent, GVDB Operations, LLC

d/b/a Grand Villa of Delray East (hereinafter "Respondent"), pursuant to Section 120.57(4),

Florida Statutes, each individually, a "party," collectively as "parties," hereby enter into this

Settlement Agreement ("Agreement") and agree as follows:

WHEREAS, Respondent was at all times relevant an assisted living facility licensed

pursuant to Chapters 429, Part I, and 408, Part II, Florida Statutes, Section 20.42, Florida

Statutes and Chapter 59A-36, Florida Administrative Code; and

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

authority over Respondent, pursuant to Chapters 429, Part I, and 408, Part II, Florida Statutes;

and

WHEREAS, the Agency served Respondent with an administrative complaint on or

about December 7, 2020, notifying the Respondent of its intent to impose administrative fines in

the amount of five thousand dollars ($5,000.00) plus a survey fee of five hundred dollars

EXHIBIT 2

($500.00) for a total assessment of five thousand five hundred dollars ($5,500.00) based upon a

Class II deficient practice cited by the Agency as "ID Prefix Tag A30" from a survey completed

on May 19, 2020 (hereinafter "Survey"); and

WHEREAS, the parties have negotiated and agreed that the best interest of 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 herein 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 ofthis Agreement, Respondent agrees to waive any and all

appeals and proceedings to which it may be entitled related to this state proceeding including, but

not limited to, an informal proceeding under Subsection 120.57(2), Florida Statutes, a formal

proceeding under Subsection 120.57( 1 ), Florida Statutes, appeals under Section 120.68, Florida

Statutes; and declaratory and all writs of relief in any court or quasi-court of competent

jurisdiction; and agrees to waive compliance with the form ofthe Final Order (findings of fact

and conclusions oflaw) to which it may be entitled, 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:

a. The Administrative Complaint issued in this cause is deemed voluntarily

dismissed.

b. Respondent shall pay one thousand dollars ($1 ,000.00) in administrative

sanctions based upon allegations of the failure to document staff training contained in the

Survey within thirty (30) days of the entry of the Final Orde and the deficiency is deemed

a Class III deficient practice.

5. Venue for any action brought to enforce the terms of this Agreement or the Final

Order entered pursuant hereto shall lie in Circuit Court in Leon County, Florida.

6. No agreement made herein shall preclude the Agency from using the alleged

deficiencies from the surveys identified in the administrative complaint in any decision regarding

licensure of Respondent, including, but not limited to, a demonstrated pattern of deficient

perfonnance. The Agency is not precluded from using the subject events for any purpose within

the jurisdiction of the Agency. Further, Respondent acknowledges and agrees that this

Agreement shall not preclude or estop any other federal, state, or local agency or office from

pursuing any cause of action or taking any action, even if based on or arising from, in whole or

in part, the alleged facts raised in the Survey. This agreement does not prohibit the Agency from

taking action regarding Respondent's Medicaid provider status, conditions, requirements or

contract.

7. 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.

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

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

by all the parties.

10. Respondent for itself and for its related or resulting organizations, its successors

or transferees, attorneys, heirs, and executors or administrators, does hereby discharge the State

of Florida, Agency for Health Care Administration, and its agents, representatives, and attorneys

of and from 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 this matter and the

Agency's actions, including, but not limited to, any claims that were or may be asserted in any

federal or state court or administrative forum, including any claims arising out of this agreement,

by or on behalf of Respondent or related facilities.

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

paragraph ten (I 0) of this Agreement.

I2. In the event that Respondent was a Medicaid provider at the subject time ofthe

alleged occurrences outlined in the complaint herein, this settlement does not prevent the Agency

from seeking Medicaid overpayments related to the subject issues or from imposing any

sanctions pursuant to Rule 590-9.070, Florida Administrative Code.

I3. Respondent agrees that if any funds to be paid under this agreement to the Agency

are not paid within thirty-one (3I) days of entry of the Final Order in this matter, the Agency

may deduct the amounts assessed against Respondent in the Final Order, or any portion thereof,

owed by Respondent to the Agency from any present or future funds owed to Respondent by the

Agency, and that the Agency shall hold a lien against present and future funds owed to

Respondent by the Agency for said amounts until paid.

I4. The undersigned have read and understand this Agreement and have the authority

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

I5. This Agreement contains and incorporates the entire understandings and

agreements of the parties.

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

parties.

17. This Agreement may not be amended except in writing. Any attempted

assignment of this Agreement shall be void.

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

The following representatives hereby acknowledge that they are duly authorized to enter

into this Agreement.

-\\

c try, Deputy Secretary Amy ·W. Schrader, Esq.

Hea uality Assurance Counsel for Respondent

Agency for Health Care Administration Baker, Donelson et al

2727 Mahan Drive, Building #I I 01 North MolU'Oe Street

Tallahassee, Florida 32308 Suite 925

Tallahassee, Florida 3230 I

Florida Bar No. 621358

DATED: __ -;6;;{/ _;_ ___ _

./A---

---···· · · - ·- ,el "JI: N ArTI· p.,J S 1-/

James amado Title: Ptzt!S

General Counsel GVDB Operations, LLC d/b/a Grand Villa of

Agency for Health Care Administration Delray East

2727 Mahan Drive, MS #3

Tallahassee, Florida 32308

DATED: _z-t/_1 I _L t-J t _z._! _

Tho . Walsh II, Senior Attorney

Offi e 0fthe General Counsel

Agency for Health Care Administration

525 Mirror Lake Drive North, Suite 3300

St. Petersburg, Flo 'da 33701

Florida Bar ,o. 5 6365

DATED· 11