14-001858 Agency For Health Care Administration vs. Primera Choice Urgent Care Center, Llc.
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 28, 2014.


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2STATE OF FLORIDA CLEf(,"i

7AGENCY FOR HEALTH CARE ADMINISTRATI0Nt014 OCT -b A II: 5b

17STATE OF FLORIDA, AGENCY FOR

22HEAL TH CARE ADMINISTRA nON,

27Petitioner, DOAH No. 14-1858

31vs. AHCA No. 2013011449

35License No. 9502

38PRIMERA CHOICE URGENT CARE File No. 10088

45CENTER, LLC, Provider Type: Health Care Clinic

52nUllUTiON NO.: 4HCA· i t.t • .S·Ole

59Respondent.

60----------------_/

61FINAL ORDER

63Having reviewed the Administrative Complaint and Amended Administrative Complaint, and all

74other matters of record, the Agency for Health Care Administration finds and concludes as follows:

891. The Agency has jurisdiction over the above-named Respondent pursuant to Chapter 408,

102Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions.

1152. The Agency issued the attached Administrative Complaint and Election of Rights form to

129the Respondent. (Ex. 1) The Election of Rights forms advised of the right to an administrative hearing.

1463. The parties have since entered into the attached Settlement Agreement. (Ex. 2)

159Based upon the foregoing, it is ORDERED:

1664. The Settlement Agreement is adopted and incorporated by reference into this Final Order.

180The parties shall comply with the terms of the Settlement Agreement.

1915. The sum of$12,000.00 is imposed against the Respondent but held in abeyance.

2056. Pursuant to the attached Settlement Agreement, the Respondent's health care clinic

217license is surrendered.

2207. In accordance with Florida law, the Respondent is responsible for retaining and

233appropriately distributing all client records within the timeframes prescribed in the authorizing statutes

246and applicable administrative code provisions. The Respondent is advised of Section 408.810, Florida

259Statutes.

2608. In accordance with Florida law, the Respondent is responsible for any refunds that may

275have to be made to the clients.

2821

283Filed October 8,201412:58 PM Division of Administrative Hearings

2929. The Respondent is given notice of Florida law regarding unlicensed activity. The

305Respondent is advised of Section 408.804 and Section 408.812, Florida Statutes. The Respondent

318should also consult the applicable authorizing statutes and administrative code provisions. The

330Respondent is notified that the cancellation of an Agency license may have ramifications potentially

344affecting accrediting, third party billing including but not limited to the Florida Medicaid program, and

359private contracts.

361ORDERED at Tallahassee, Florida, on this -!e- day of ,2014.

371ecretary

372tiel:mn Care Administration

375NOTICE OF RIGHT TO JUDICIAL REVIEW

381A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

399instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy,

419along with filing fee as prescribed by law, with the District Court of Appeal in the appellate district

437where the Agency maintains its headquarters or where a party resides. Review of proceedings shall be

453conducted in accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30

470days of rendition of the order to be reviewed.

479CERTIFICATE OF SERVICE

482I CERTIFY that a true and of this Final Order below-named

493persons by the method designated on of ,2014.

501Richard J. oop, Agency erk

506Agency for Health Care Administration

5112727 Mahan Drive, Bldg. #3, Mail Stop #3

519Tallahassee, FL 32308-5403

522Telephone: (850) 412-3630

525Jan Mills Thomas Jones, Unit Manager

531Facilities Intake Unit Health Care Clinic Unit

538Agency for Health Care Administration Agency for Health Care Administration

548(Electronic Mail) (Electronic Mail)

552Finance & Accounting Theresa DeCanio, Field Office Manager

560Revenue Management Unit Local Field Office

566Agency for Health Care Administration Agency for Health Care Administration

576(Electronic Mail) (Electronic Mail)

580Katrina Derico- Harris Ashley Jenkins

585Medicaid Accounts Receivable Bureau of Central Systems

592Agency for Health Care Administration Agency for Health Care Administration

602(Electronic Mail) (Electronic Mail)

606Shawn McCauley Edwin D. Selby, Senior Attorney

613Medicaid Contract Management Office of the General Counsel

621Agency for Health Care Administration Agency for Health Care Administration

631(Electronic Mail) (Electronic Mail)

635William F. Quattlebaum Femi OgunfowokaniOfficer

640Administrative Law Judge Primera Choice Urgent Care Center, LLC

649Division of Administrative Hearings 3861 Avalon Park East Blvd.

658(Electronic Mail) Orlando, FL 32828

663(U.S. Mail)

665NOTICE OF FLORIDA LAW

669408.804 License required; display.--

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

691or provides services that require licensure, without first obtaining fromthe agency a license authorizing

705the provision of such services or the operation or maintenance of such provider.

718(2) A license must be displayed in a conspicuous place readily visible to clientswho enter at the address

736that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not

759be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the

775licensee, provider, and location for which the license is issued.

785408.812 Unlicensed activity. --

789(l) A person or entity may notoffer or advertise services that require licensure as defined by this part,

807authorizing statutes, or applicable rules to the publicwithout obtaining a valid license from the agency.

822A licenseholder may not advertise or hold out to the public that he or she holds a license for other than

843that for which he or she actually holds the license.

853(2) The operation or maintenance of an unlicensed provider or the performance of any services that

869require licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed

884activity constitutes harm that materially affects the health, safety, and welfare of clients. The agency or

900any state attorney may, in addition to other remedies provided in this part, bring an action for an

918injunction to restrain such violation, or to enjoin the future operation or maintenance of the unlicensed

934provider or the performance of any services in violation of this part and authorizing statutes, until

950compliance with this part, authorizing statutes, and agency rules has been demonstrated to the

964satisfaction of the agency.

968(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after

987receiving notification from the agency, such person or entity fails to cease operation and apply for a

1004license under this part and authorizing statutes, the person or entity shall be subject to penalties as

1021prescribed by authorizing statutes and applicable rules. Each day of continued operation is a separate

1036offense.

1037(4) Any person or entity that fails to cease operation after agency notification may be fined $1,000 for

1056each day of noncompliance.

1060(5) When a controlling interest or licensee has an interest in more than one provider and fails to license

1079a provider rendering services that require licensure, the agency may revoke all licenses and impose

1094actions under s. 408.814 and a fine of $1,000 per day, unless otherwise specified by authorizing statutes,

1112against each licensee until such time as the appropriate license is obtained for the unlicensed operation.

1128(6) In addition to granting injunctive relief pursuant to subsection (2), if the agency determines that a

1145person or entity is operating or maintaining a provider without obtaining a license and determines that a

1162condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person

1182or entity is subject to the same actions and fines imposed against a licensee as specified in this part,

1201authorizing statutes, and agency rules.

1206(7) Any person aware of the operation of an unlicensed provider must report that provider to the

1223agency.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 10/08/2014
Proceedings: Settlement Agreement filed.
PDF:
Date: 10/08/2014
Proceedings: Agency Final Order filed.
PDF:
Date: 10/06/2014
Proceedings: Agency Final Order
PDF:
Date: 05/28/2014
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 05/16/2014
Proceedings: Motion to Withdraw as Counsel and Withdraw Petition filed.
PDF:
Date: 05/05/2014
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 05/05/2014
Proceedings: Notice of Hearing by Video Teleconference (hearing set for June 25, 2014; 9:30 a.m.; Orlando and Tallahassee, FL).
PDF:
Date: 04/28/2014
Proceedings: Petitioner's Unilateral Response to Initial Order filed.
PDF:
Date: 04/21/2014
Proceedings: Initial Order.
PDF:
Date: 04/21/2014
Proceedings: Election of Rights filed.
PDF:
Date: 04/21/2014
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 04/21/2014
Proceedings: Administrative Complaint filed.
PDF:
Date: 04/21/2014
Proceedings: Notice (of agency referral) filed.

Case Information

Judge:
WILLIAM F. QUATTLEBAUM
Date Filed:
04/21/2014
Date Assignment:
04/21/2014
Last Docket Entry:
10/08/2014
Location:
Orlando, Florida
District:
Middle
Agency:
Other
 

Counsels

Related Florida Statute(s) (4):