13-001284 Autumn Home Care Of Palm Coast Florida vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 5, 2013.

FILED

STATE OF FLORIDA HCA

AGENCY FOR HEALTH CARE ADMINISTRATION AGEN(, Y CLERK

STATE OF FLORIDA, AGENCY FOR 1013 JUL 31 P 2: 19

HEALTH CARE ADMINISTRATION,

Petitioner,

VS. AHCA NO. 2013002713

License No. 299993223

AUTUMN HOME CARE OF File No. 19966030

SOUTHWESTERN FLORIDA, LLC, d/ a b/ Facility Type: Home Health Agency

AUTUMN HOME CARE,

Respondent.

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner,

VS. AHCA NO. 2013002465

License No. 299993373

AUTUMN HOME CARE OF File No. 19966206

PALM COAST FLORIDA, LLC d/ a b/ Facility Type: Home Health Agency

AUTUMN HOME CARE,

Respondent.

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner,

VS. AHCA NO. 2013002467

License No. 299993311

AUTUMN HOME CARE OF File No. 19966215

NORTH CENTRAL FLORIDA, LLC, Facility Type: Home Health Agency

Respondent.

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AUTUMN HOME CARE OF

PALM COAST FLORIDA, LLC, d/ a b/

AUTUMN HOME CARE,

Petitioner, DOAH NO. 13- 1284

AHCA NO. 2012012424

VS. License No. 299993373

File No. 19966206

STATE OF FLORIDA, AGENCY FOR Facility Type: Home Health Agency

HEALTH CARE ADMINISTRATION, RENDITION NO.: AHCA- 15 - - 711 1~ - S- OEC

Respondent.

FINAL ORDER

Having reviewed the Administrative Complaints and Amended Notice of Intent to Deny, and all

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

1. The Agency issued the attached Administrative Complaints, Amended Notice of Intent to

Deny and Election of Rights forms to the Providers. ( Composite Ex. 1) The Election of Rights forms

advised of the right to an administrative hearing.

2. The parties have since entered into the attached Settlement Agreement. ( Ex. 2)

Based upon the foregoing, it is ORDERED:

3. The Settlement Agreement is adopted and incorporated by reference into this Final Order.

The parties shall comply with the terms of the Settlement Agreement.

4. The Providers' home health agency licenses are SURRENDERED and the Providers

shall return all license certificates currently in the Providers' possession to the Agency upon receipt of

this Final Order.

5. An administrative fine in the amount of $ 210, 00 000. is imposed against Autumn Home

Care of Southwestern Florida, LLC, which is STAYED in accordance with the terms of the Settlement

Agreement.

6. In accordance with Florida law, the Providers are responsible for retaining and

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

and applicable administrative code provisions. The Providers are advised of Section 408. 810, Florida

Statutes.

7. In accordance with Florida law, the Providers are responsible for any refunds that may

have to be made to the clients.

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8. The Providers are given notice of Florida law regarding unlicensed activity. The

Providers are advised of Section 408. 804 and Section 408. 812, Florida Statutes. The Providers should

also consult the applicable authorizing statutes and administrative code provisions. The Providers 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.

ORDERED at Tallahassee, Florida, on this 5C day of 2013.

aGGC~

E eth Dudek, Secret

Agency for Health 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 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 correct cDgy of this Final Order was served on the below- named

persons by the method designated on this . 1ay of 2013.

Richard Shoop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308- 5403

Telephone: ( 850) 412- 3630

Jan Mills Anne Menard, Manager

Facilities Intake Unit Home Care Unit

Agency for Health Care Administration Agency for Health Care Administration

Electronic Mail) Electronic Mail)

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Katrina Derico- Harris Andrea Lang, Senior Attorney

Medicaid Accounts Receivable Office of the General Counsel

Agency for Health Care Administration Agency for Health Care Administration

Electronic Mail) Electronic Mail)

Shawn McCauley Bradford C. Herter, Senior Attorney

Medicaid Contract Management Office of the General Counsel

Agency for Health Care Administration Agency for Health Care Administration

Electronic Mail) Electronic Mail)

Patricia Caufman, Field Office Manager Cynthia A. Mikos, Esquire

Local Field Office Allen Dell, P. A.

Agency for Health Care Administration 202 S. Rome Avenue, Suite 100

Electronic Mail) Tampa, Florida 33606

U. S. Mail)

Harold Williams, Field Office Manager Susan Tuthill

Local Field Office 161 Barbados Drive

Agency for Health Care Administration Jupiter, Florida 33458

Electronic Mail) U. S. Mail)

Arlene Mayo- Davis, Field Office Manager William Tuthill

Local Field Office 161 Barbados Drive

Agency for Health Care Administration Jupiter, Florida 33458

Electronic Mail) U. S. Mail)

Claude B. Arrington

Administrative Law Judge

Division of Administrative Hearings

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.

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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 harm 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.

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