15-005001 Rosario Retirement Senior Home vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 22, 2015.

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION 2016 MAR -2 p 2: oq

EL PALMAR HOME CARE, INC.,

Formerly DOAH NO. 15-5000

Petitioner, CASE NO. 15-572PH

AHCA NO. 2015007950

V. FILE NO. 11966410

LICENSE NO. 10619

STATE OF FLORIDA, AGENCY FOR FACILITY TYPE: ASSISTED

HEALTH CARE ADMINISTRATION, LIVING FACILITY

RENDITION NO.: MICA -lOt -oq3 -FOI-OLC

Respondent.

---------------------------·/

ROSARIO RETIREMENT SENIOR HOME,

Formerly DOAH NO. 15-5001

Petitioner, CASE NO. 15-573PH

AHCA NO. 2015007963

v. FILE NO. 11964984

LICENSE NO. 9633

STATE OF FLORIDA, AGENCY FOR FACILITY TYPE: ASSISTED

HEALTH CARE ADMINISTRATION, LIVING FACILITY

Respondent.

______________________ !

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Formerly DOAH NO. 15-6187

Petitioner, CASE NO. 15-571PH

AHCA NO. 2015007820

V. FILE NO. 11968205

LICENSE NO. 12128

ALMAR ALF, INC., FACILITY TYPE: ASSISTED

LIVING FACILITY

Respondent.

________________ !

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Formerly DOAH NO. 15-6188

Petitioner, CASE NO. 15-569PH

AHCA NO. 2015007818

v. FILE NO. 11965773

LICENSE NO. 10121

DAMABIAN ALF CENTER, INC., FACILITY TYPE: ASSISTED

LIVING FACILITY

Respondent.

____________________________ ./

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Formerly DOAH NO. 15-6189

Petitioner, CASE NO. 15-570PH

AHCA NO. 2015007819

v. FILE NO. 11911605

LICENSE NO. 7764

MARGARITA ALF HOME CORP d/b/a FACILITY TYPE: ASSISTED

MARGARITA'S ALF HOME CORP. #1, LIVING FACILITY

Respondent.

-----------------------------'

MY FUTURE HOME OF MIAMI,

Formerly DOAH NO. 15-6190

Petitioner, CASE NO. 15-574PH

AHCA NO. 2015009466

v. FILE NO. 11910866

LICENSE NO. 6050

STATE OF FLORIDA, AGENCY FOR FACILITY TYPE: ASSISTED

HEALTH CARE ADMINISTRATION, LIVING FACILITY

Respondent.

---------------------------- I

FINAL ORDER

After an administrative law judge at the Division of Administrative Hearings entered an

order relinquishing jurisdiction due to the absence of any disputed issues of material fact, the

Agency Clerk referred these consolidated cases to a hearing officer (hereafter referred to as the

Presiding Officer) for a proceeding to be conducted pursuant to Section 120.57(2), Florida

Statutes. The Presiding Officer's Recommended Order, which was signed on February 25, 2016,

and filed with the Agency Clerk's office on February 26, 2016, is attached to this Final Order

and incorporated herein by reference.

FINDINGS OF FACT

The Agency adopts the findings of fact set forth in the Recommended Order.

CONCLUSIONS OF LAW

The Agency adopts the conclusions of law set forth in the Recommended Order.

IT IS THEREFORE ADJUDGED THAT:

1. In regard to AHCA Nos. 2015007950, 2015007963 and 2015009466, the

Agency's Notices of Intent to Deny License Renewal Applications are hereby upheld and the

assisted living facility license renewal applications of El Palmar Home Care, Inc., Rosario

Retirement Senior Home, and My Future Home of Miami are hereby denied. In regard to AHCA

Nos. 2015007818, 2015007819 and 2015007820, the Agency's Amended Administrative

Complaints are hereby upheld and the assisted living facility licenses of Damabian ALF Center,

Inc., Margarita ALF Home Corp. d/b/a Margarita's ALF Home Corp. #1, and Almar ALF, Inc.

are hereby revoked.

2. In order to ensure the health, safety, and welfare of the clients of these facilities,

the revocations and license expiration dates are extended for 30 days only as to El Palmar Home

Care, Inc., Rosario Retirement Senior Home, Dambian ALF Center, Inc., and Margarita's ALF

Home Corp. # 1 1 for the sole purpose of allowing the safe and orderly discharge of clients. §

408.815(6), Fla. Stat. As a condition of this extension, these facilities are prohibited from

accepting any new admissions during this period and must immediately notify the clients that

1 The licenses of the other two assisted living facilities, Almar ALF, Inc., and My Future Home of Miami, were

either not renewed or previously revoked.

they will soon be discharged. These facilities are subject to monitoring by the Agency and

possibly third parties. The Agency may terminate the 30-day extension or modify the conditions

at any time. These facilities must comply with all other applicable federal and state laws. At the

conclusion of 30 days, or upon the discontinuance of operations, whichever is first in time, these

facilities shall promptly return the license certificates which are the subject of this agency action

to the appropriate licensure unit in Tallahassee, Florida. Fla. Admin. CodeR. 59A-35.040(5).

3. In accordance with Florida law, these facilities are responsible for retaining and

appropriately distributing all client records within the timeframes prescribed in the authorizing

statutes and applicable administrative code provisions. These facilities are advised of Section

408.810, Florida Statutes.

4. In accordance with Florida law, these facilities are responsible for any refunds

that may have to be made to the clients.

5. These facilities are given notice of Florida law regarding unlicensed activity.

These facilities are advised of Section 408.804 and Section 408.812, Florida Statutes. These

facilities should also consult the applicable authorizing statutes and administrative code

provisions. These facilities are notified that the cancellation of an Agency license may have

ramifications potentially affecting accrediting, third party billing including but not limited to the

Florida Medicaid program, and private contracts.

DONE AND ORDERED in Tallahassee, Florida, on this day of

2016.

DEK, Secretary

EAL TH CARE ADMINISTRATION

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 the original notice of appeal with the Agency Clerk of AHCA, and a copy,

along with the filing fee 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

proceedings shall be conducted in accordance with the Florida appellate rules. The Notice of

Appeal must be filed within 30 days of the rendition of the order to be reviewed.

CERTIFICATE OF SERVICE

I CERTIFY that a true and correct copy of this Final Order was served on the below­

named persons by the method designated on this of __

2016.

RICHA OOP, Age C rk

AGENCY FOR HEALTH CARE ADMINISTRATION

2727 Mahan Drive, MS #3

Tallahassee, Florida 32308

Telephone: [phone]

Copies furnished to:

Jan Mills Catherine Avery, Unit Manager

Facilities Intake Unit Assisted Living Unit

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Finance & Accounting Arlene Mayo-Davis, Field Office Manager

Revenue Management Unit Area 11 Field Office

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Katrina Derico- Harris Alba M. Rodriguez, Esquire

Medicaid Accounts Receivable Assistant General Counsel

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Shawn McCauley Adriana Rodriguez, Owner

Medicaid Contract Management 1801 Northwest 19th Street

Agency for Health Care Administration Miami, Florida 3 3125

(Electronic Mail) (via electronic mail to ricsal13 [e-mail])

Warren J. Bird, Esquire

Presiding Officer

(Electronic Mail)

NOTICE OF FLORIDA LAW

408.804 License required; display.--

(1) It is unlawful to provide services that require licensure, or operate or maintain a provider that

offers or provides services that require licensure, without first obtaining from the agency a

license authorizing the provision of such services or the operation or maintenance of such

provider.

(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the

address that appears on the license and is valid only in the hands of the licensee to whom it is

issued and may not be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The

license is valid only for the licensee, provider, and location for which the license is issued.

408.812 Unlicensed activity.--

(1) A person or entity may not offer or advertise services that require licensure as defined by this

part, authorizing statutes, or applicable rules to the public without obtaining a valid license from

the agency. A licenseholder may not advertise or hold out to the public that he or she holds a

license for other than that for which he or she actually holds the license.

(2) The operation or maintenance of an unlicensed provider or the performance of any services

that require licensure without proper licensure is a violation of this part and authorizing statutes.

Unlicensed activity constitutes hann that materially affects the health, safety, and welfare of

clients. The agency or any state attorney may, in addition to other remedies provided in this part,

bring an action for an injunction to restrain such violation, or to enjoin the future operation or

maintenance of the unlicensed provider or the performance of any services in violation of this

part and authorizing statutes, until compliance with this part, authorizing statutes, and agency

rules has been demonstrated to the satisfaction of the agency.

(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If

after receiving notification from the agency, such person or entity fails to cease operation and

apply for a license under this part and authorizing statutes, the person or entity shall be subject to

penalties as prescribed by authorizing statutes and applicable rules. Each day of continued

operation is a separate offense.

( 4) Any person or entity that fails to cease operation after agency notification may be fined

$1 ,000 for each day of noncompliance.

(5) When a controlling interest or licensee has an interest in more than one provider and fails to

license a provider rendering services that require licensure, the agency may revoke all licenses

and impose actions under s. 408.814 and a fine of $1,000 per day, unless otherwise specified by

authorizing statutes, against each licensee until such time as the appropriate license is obtained

for the unlicensed operation.

( 6) In addition to granting injunctive relief pursuant to subsection (2), if the agency determines

that a person or entity is operating or maintaining a provider without obtaining a license and

determines that a condition exists that poses a threat to the health, safety, or welfare of a client of

the provider, the person or entity is subject to the same actions and fines imposed against a

licensee as specified in this part, authorizing statutes, and agency rules.

(7) Any person aware of the operation of an unlicensed provider must report that provider to the

agency.

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

EL PALMAR HOME CARE, INC.,

Petitioner,

vs. Case No. 15-572PH

AGENCY FOR HEALTH CARE AHCA No. 2015007950

ADMINISTRATION, (Formerly DOAH No. 15-5000)

Respondent.

ROSARIO RETIREMENT SENIOR

HOME,

Petitioner.

vs. Case No. 15-573PH

AGENCY FOR HEALTH CARE AHCA No. 2015007963

ADMINISTRATION, (Formerly DOAH No. 15-5001)

Respondent.

-------------------------' AGENCY FOR HEALTH CARE

ADMINISTRATION,

Petitioner, Case No. 15-571PH

v.

AHCA No. 2015007820

ALMAR ALF, INC., (Formerly DOAH No. 15-6187)

Respondent.

AGENCY FOR HEALTH CARE

ADMINISTRATION,

Petitioner, Case No. 15-569PH

v.

AHCA No. 2015007818

DAMABIAN ALF CENTER, INC. (Formerly DOAH No. 15-6188)

Respondent.

Filed with AHCA Agency Clerk 2/26/2016 8:10:31 AM

AGENCY FOR HEALTH CARE

ADMINISTRATION,

Petitioner, Case No.15-570PH

v.

AHCA No. 2015007819

MARGARITA ALF HOME CORP, d/b/a (Formerly DOAH No. 15-6189)

MARGARITA'S ALF HOME CORP. #1,

Respondent.

MY FUTURE HOME OF MIAMI,

Petitioner, Case No.15-574PH

v.

AHCA No. 2015009466

AGENCY FOR HEALTH CARE (Formerly DOAH No. 15-6190)

ADMINISTRATION,

Respondent.

-----------------------------------1

RECOMMENDED ORDER

THESE SIX CONSOLIDATED cases were initiated by the Agency for Health Care

Administration (Agency), comprising three administrative complaints to revoke the licenses of

Petitioner El Palmar Home Care, Inc. (2015007950), Rosario Retirement Senior Home

(2015007963), and My Future Home of Miami (2015009466); and three Notices of Intent to

Deny renewal licensure to Respondents, Almar ALF,lnc. (2015007820), Damabian ALF Center,

Inc. (2015007818), and Margarita ALF Home Corp, d/b/a Margarita's ALF Home Corp. #1,

(2015007819) (hereafter, collectively, "the facilities"). After proceeding to the Division of

Administrative Hearings at the request of the facilities, for a hearing involving a dispute of

material fact pursuant to Section 120.57(1), Florida Statutes (2015), the Administrative Law

Judge there, on November 17, 2016, issued an Order consolidating the cases, and on December

22, 2015, issued an Order Closing Files and Relinquishing Jurisdiction, after finding that there

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was no dispute of material fact presented by any of the cases. Thereafter, the matters were

assigned to the undersigned for an informal hearing. On February 23, 2016, an informal hearing

was held in this matter pursuant to Section 120.57(2), Florida Statutes (2015). Ms. Alba

Rodriguez, Assistant General Counsel, represented the Agency at the hearing. Ms. Adriana

Rodriguez represented the facilities as owner. A prehearing statement was filed by the Agency

as required by the Order of Prehearing Instructions. The facilities filed no prehearing statement.

FINDINGS OF FACT

1. Whereas, the Division of Administrative Hearings considered, and found that no

dispute of material fact is presented by the six consolidated cases, and therefore relinquished

jurisdiction back to the Agency for an informal hearing pursuant to Section 120.57(2), Florida

Statutes (20 15), all of the well pled material allegations of fact in the three Administrative

Complaints and three Notices oflntent to Deny at issue in these cases are taken as proven.

CONCLUSIONS OF LAW

2. Respondents were issued licenses to operate the respective assisted living

facilities at issue in these proceedings, and the owner of all six, Adriana Rodriguez, was

therefore at all times required to comply with all applicable statutes and rules, including those

necessary to maintain any extant privileges held as a Medicaid provider.

3. Whereas, there is no dispute of material fact regarding the allegations contained in

the Administrative Complaints and Notices of Intent at issue, Respondents, through the owner,

Adriana Rodriguez, are provided an opportunity, in the informal hearing, to introduce mitigating

evidence to seeking modification of the sanctions imposed by the Agency, as set forth in the

Administrative Complaints and Notices of Intent.

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4. "Evidence is mitigating if, in fairness or in the totality of the defendant's life or

character, it may be considered as extenuating or reducing the degree of moral culpability.

[.]" Wickham v. State, 593 So.2d 191, 194 (Fla. 1991).

5. The gist of the Agency's allegations regarding the six facilities, as also found by

the Administrative Law Judge in her Order Closing files and Relinquishing Jurisdiction in the

instant matters while pending at the Division of Administrative Hearings, is that the 100% owner

of all six facilities, Adriana Rodriguez, admitted in deposition testimony that she owns all six

facilities, and that Ms. Rodriguez was disqualified as a Medicaid provider "for cause", pursuant

to section 409.913, Florida Statutes, and Rule 59G-9.070, Florida Administrative Code, by

Termination Final Order rendered by the Agency on June 22,2015, in State of Florida, Agency

for Health care Administration v. Solanas Corp., MPI Reference No. CI 2015-0001944, Provider

No. 142113100, License No. 9633, NPI No. 1427268598. In light of these established facts, the

Agency was permitted by Section 408.815(1)(a), Florida Statutes (2015), to revoke or deny

renewal of the facilities' licenses; and was compelled by Section 408.815(4)(b), Florida Statutes

(20 15), to deny renewal of any of the subject facilities' licenses, on the sole basis of the

termination of Ms. Rodriguez's privilege to be a Medicaid provider.

6. Upon being given an opportunity to testify in mitigation of the Agency's intended

sanctions, Adriana Rodriguez chose only to comment that she realized that the Agency was not

going to renew her licenses and was going to revoke the others. Ms. Rodriguez chose not to

testify further when offered several more opportunities to do so at the conclusion of the hearing.

7. In light of the foregoing, the facilities, through Owner Adriana Rodriguez, have

not demonstrated mitigation of the sanctions imposed by the Administrative Complaints and

Notices of Intent.

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8. The allegations of the Agency's Administrative Complaints to revoke, and

Notices oflntent to Deny renewal of, the licenses of the facilities, are sustained by the admitted

facts, and the sanctions imposed are appropriate.

RECOMMENDATION

IT IS RECOMMENDED that the Agency enter a Final Order imposing revocation of

the licenses of Petitioners, El Palmar Home Care, Inc. (20 15007950), Rosario Retirement Senior

Home (20 15007963), and My Future Home of Miami (20 1 5009466); and denial of the renewal

licenses of Respondents, Almar ALF, Inc. (20 15007820), Damabian ALF Center, Inc.

(2015007818), and Margarita ALF Home Corp, d/b/a Margarita's ALF Home Corp. #1,

(20 15007819).

DONE AND ORDERED at Tallahassee, Leon County, Florida this e,_t) day of

February, 2016.

, Esquire

Officer

Hea Care Administration

2727 Mah rive MS-3

Tallahassee, Florida 32308

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Copies furnished to:

Alba Rodriguez, Esquire

Agency for Health Care Administration

8333 NW 53rd Street

Miami, Florida 33166

(Interoffice Mail)

Adriana Rodriguez, Owner

1801 NW 19th Street

Miami, Florida 33125

(Via electronic mail to

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