14-005046 Agency For Health Care Administration vs. Rehab And Wellness Services, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 10, 2014.

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

2014 DEC I b II: OS

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner, DOAH Case No. 14-5046

v. AHCA No. 2014008797

Certificate Number HCC8329

REHAB & WELLNESS SERVICES, INC., File No. 8562

Provider Type: HCC Exemption

Respondent. llENOiliON NO.: AHCA· i i · 0 /8 7 ·S·OLC

FINAL ORDER

Having reviewed the Administrative Complaint, and all other matters of record, the Agency for

Health Care Administration finds and concludes as follows:

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

Part II, and Chapter 400, Part X, Florida Statutes, and the applicable authorizing statutes and

administrative code provisions.

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

the Respondent. (Ex. 1) The parties have since 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 facility's Certificate of Exemption is deemed surrendered and is cancelled and of no

further effect.

3. Each party shall bear its own costs and attorney's fees. Any requests for administrative

hearings are dismissed and the above-styled case is closed.

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

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

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

Statutes.

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

have to be made to the clients.

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

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

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

Respondent 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 15 day of -L<..- ,="">

ek, Secretary

alth 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 was served on the below-named

persons by the method designated on , 2014.

Richard J. Shoop, Agency C er

Agency for Health Care Administration

2727 Mahan Drive, Bldg. #3, Mail Stop #3

Tallahassee, Florida 32308-5403

Telephone: [phone]

Jan Mills Thomas Jones, Unit Manager

Facilities Intake Unit Licensure Unit

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Katrina Derico- Harris Arlene Mayo-Davis, Field Office Manager

Medicaid Accounts Receivable Local Field Office

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Shawn McCauley Daniel A. Johnson, Senior Attorney

Medicaid Contract Management Office of the General Counsel

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Division of Administrative Hearings Dagmar Llaudy, Esquire

(Electronic Mail) Law Office of Dagmar Llaudy, P.A.

814 Ponce De Leon Blvd, Suite 513

Coral Gables, Florida 33134

(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 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 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.