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.
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 28, 2014.
1I\\hC'\\
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.
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
-
Bernard M. Cassidy, Esquire
Address of Record -
Edwin David Selby, Esquire
Address of Record -
Bernard M Cassidy, Esquire
Address of Record