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STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION

FIVE POINTS HEALTH CARE, LTD d/b/a LAKESIDE NURSING AND REHABILITATION CENTER, Petitioner,

vs.

ENGAGEMENT NO.:NH09-002L

AGENCY FOR HEALTH CARE ADMINISTRATION. Respondent. __________________________________ RESPONSE TO ORDER TO SHOW CAUSE AND REQUEST TO HOLD CASE IN ABEYANCE Petitioner, FIVE POINTS HEALTH CARE, LTD d/b/a LAKESIDE NURSING AND REHABILITATION CENTER (“LAKESIDE”), by and through the undersigned counsel and pursuant to Rule 28-106.204, Florida Administrative Code, files this Response to Order to Show Cause and Motion to Hold Case in Abeyance and states: 1.

The Agency affected by this proceeding is the State of Florida, Agency for

Health Care Administration (AHCA), Office of Medicaid Program Analysis, 2727 Mahan Drive, Mail Stop #21, Tallahassee, Florida 32308. 2.

On or about October 25, 2013, the Agency issued a Second Order to

Show Cause why this matter should not be taken out of abeyance and forwarded to the Division of Administrative Hearings for further proceedings.


3.

Lakeside and AHCA have agreed to the terms of settlement of this matter

and are currently circulating for signature a Settlement Agreement that will resolve all issues. Continuation of the abeyance for 30 days will assist in the parties in finalizing the settlement without unnecessary time and expense. 4.

This motion is not filed for purposes of delay, but only for the purposes

stated herein. WHEREFORE, Petitioner, Five Points Health Care, LTD d/b/a Lakeside Nursing and Rehabilitation Center respectfully requests that AHCA refrain from sending this case to DOAH for 30 days to allow the parties to finalize their settlement and request entry of a Final Order from the Agency. FILED this 1st day of November, 2013 with the Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, Florida 32308.

Respectfully submitted,

JOHN F. GILROY III, P.A.

John F. Gilroy _________________________ John F. Gilroy, III Fla. Bar No. 0454729 1695 Metropolitan Circle, Suite 2 Tallahassee, Florida 32308 (850) 385-1368 Fax: (850) 422-0221 Counsel for Lakeside

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion has been furnished by Electronic Transmission to Willis Melvin, Esq., Agency for Health Care Administration, 2727 Mahan Dr., MS#3, Tallahassee, Florida 32308 this 1st day of November, 2013.

John F. Gilroy John F. Gilroy, III

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