14-000009 Agency For Health Care Administration vs. Personal Care Ii Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 9, 2014.

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR 2014 FES 11 P 3: 25

HEALTH CARE ADMINISTRATION,

DOAH No. 13-3707

Petitioner,

AHCA Nos. 2013004279

vs. 2013004546

lLicense Nos. 8730

BRANDIA PRESHA d/b/ a 4829

PERSONAL CARE II, File Nos. 11963897

11910130

Respondent. Provider Type: Assisted Living Facility

----------------_/ RENDITION NO.: AHCA- ,' - 0 i ,g -S-OLC

BRANDIAPRESHA d/b/ a

PERSONAL CARE 11,2

DOAH No. 13-4949

Petitioner,

AHCA No. 2013012174

vs.

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondent.

----------------_/

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

DOAH No. 14-0009

Petitioner,

AHCA No. 2013011217

vs.

BRANDIA PRESHA d/b/ a

PERSONAL CARE II,

Respondent.

----------------_/

FINAL ORDER

Having reviewed the Amended Administrative Complaint, the Amended Notice of Intent to

Deny Renewal License, the Administrative Complaint, the Agency for Health Care Administration finds

1 The Final Order adopts a Settlement Agreement that has applies to parties other than the named Respondent.

2 The Final Order correctly reflects the applicant as the petitioner in the case style for this licensure action.

and concludes as follows:

1. The Agency has jurisdiction over the above-named Provider pursuant to Chapter 408,

Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions.

2. The Agency issued the attached Amended Administrative Complaint, Amended Notice of

Intent to Deny Renewal License, Administrative Complaint and Election of Rights forms to Brandia

Presha d/b/a Personal Care II. (Ex. 1) The Election of Rights forms advised of the right to an

administrative hearing. The Settlement Agreement also includes the assisted living facility known as

Personal Care, also owned by Brandia Presha. The two assisted living facilities will be referred to as

"the Provider." In addition, the Settlement Agreement includes Tarnik Presha.

3. The parties and Tarnika Presha have entered into the attached Settlement Agreement.

(Ex. 2)

Based upon the foregoing, it is ORDERED:

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

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

2. The Provider's assisted living facility licenses to operate Personal Care II, license number

8730, and Personal Care ["I"], license number 4829, are VOLUNTARILY SURRENDERED effective

December 14,2014. The Provider may consent to a Change of Ownership ("CHOW") application with

an unrelated party for either or both of the facilities with an effective date of, or prior to, December 14,

2014. Should there not be a CHOW with an effective date of, or prior to, December 14, 2014, the

Provider is responsible for the safe and orderly discharge of the facility residents.

3. The Provider and Tamika Presha shall not apply for any type of license issued by the

Agency or obtain any interest in any private entity which holds a license issued by the Agency for a

period of 5 years ofthe date of this Final Order.

4. An administrative fine of $2,000.00 is imposed but STAYED against the Provider. The

Agency shall not attempt to collect the fine against the Provider absent a breach of this Settlement

Agreement. Should either Brandia Presha or Tarnika Presha seek any type of license issued by the

Agency within five years of the date of this Final Order, the $2,000.00 shall be immediately due and

payable and full payment of the fine shall be a condition precedent for any type of Agency license. If

payment is to be made, a check made payable to the "Agency for Health Care Administration" and

containing the AHCA ten-digit case number(s) should be sent to:

Office of Finance and Accounting

Revenue Management Unit

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 14

Tallahassee, Florida 32308

5. Should there not be a CHOW, the Provider is responsible for any refunds that may be due

to any clients.

6. Should there not be a CHOW, the Provider shall remain responsible for retaining and

appropriately distributing client records as prescribed by Florida law. The Provider is advised of Section

408.810, Florida Statutes. The Provider should also consult the applicable authorizing statutes and

administrative code provisions as well as any other statute that may apply to health care practitioners

regarding client records.

7. Should there not be a CHOW, the Provider is given notice of Florida law regarding

unlicensed activity. The Provider is advised of Section 408.804 and Section 408.812, Florida Statutes.

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

The Provider is 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 /7 day of , 2014.

, Secretary

lth 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 of this Final Order was served on the below-named

persons by the method designated on this of - / ,2014.

7

Richard Shoop, Agency C erk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308-5403

Telephone: [phone]

Jan Mills Shaddrick Haston, Unit Manager

Facilities Intake Unit Licensure Unit

(Electronic Mail) Agency for Health Care Administration

(Electronic Mail)

Finance & Accounting Patricia Caufman, Field Office Manager

Revenue Management Unit Local Field Office

(Electronic Mail) Agency for Health Care Administration

(Electronic Mail)

Katrina Derico-Harris Suzanne Suarez Hurley, Esq.

Medicaid Accounts Receivable Office of the General Counsel

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Shawn McCauley Corinne Porcher, Esquire

Medicaid Contract Management Smith & Associates

Agency for Health Care Administration 3301 Thomasville Road, Suite 201

(Electronic Mail) Tallahassee, FL 32308

(U.S. Mail)

Lynne Quimby-Pennock Brandia Presha, Owner/Administrator

Administrative Law Judge Personal Care & Personal Care II

Division of Administrative Hearings 120 8 th Avenue West

(Electronic Mail) Bradenton, FL 34208

(U.S. Mail)

J. D. Parrish Tamika Presha

Administrative Law Judge 120 8 th A venue West

Division of Administrative Hearings Bradenton, FL 34208

(Electronic Mail) (U.S. 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 placereadily 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.--

(l) 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 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.