15-001039 Willow Manor Retirement Living vs. Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 31, 2016.


View Dockets  

1STATE OF FLORIDA

4AGENCY FOR HEALTH CARE ADMINISTRATION

9C' u t', r it C i.;:

17ANDIES, INC., d/ a b/ WILLOW

23MANOR RETIREMENT LIVING,

26Petitioner, DOAH No. 15- 1039

31V. AHCA No. 2014009956

35RENDITION NO.: AHCA- S- OLC

40STATE OF FLORIDA, AGENCY FOR 110 - G2oo9

48HEALTH CARE ADMINISTRATION,

51Respondent.

52STATE OF FLORIDA, AGENCY FOR

57HEALTH CARE ADMINISTRATION,

60Petitioner, DOAH No. 15- 3039

65V. AHCA NO. 2015004217

69License No. 6122

72ANDIES, INC., d/ a b/ WILLOW File No. 11910751

81MANOR RETIREMENT LIVING, Provider Type: Assisted Living Facility

89Respondent.

90FINAL ORDER

92Having reviewed the attached Amended Notice of Intent to Deny and the attached Amended

106Administrative Complaint, and all other matters of record, the Agency for Health Care Administration

120finds and concludes as follows:

1251. The Agency issued the attached Amended Notice of Intent to Deny and the attached

140Amended Administrative Complaint and Election of Rights form to the Provider. ( Ex. 1)

1542. The parties have since entered into the attached Settlement Agreement. ( Ex. 2)

168Based upon the foregoing, it is ORDERED:

1753. The Settlement Agreement is adopted and incorporated by reference into this Final Order.

189The parties shall comply with the terms of the Settlement Agreement.

2004. The Provider's license to operate this assisted living facility is surrendered effective as of

215June 30, 2016.

2185. An administrative fine of $25,000.00 is imposed against the Provider, bus STAYED in

233accordance with the terms of the Settlement Agreement.

2416. The conditions against the controlling interests identified in the Settlement Agreement

253are imposed.

2557. The Provider is responsible for any refunds that may be due to any clients.

2708. The Provider shall remain responsible for retaining and appropriately distributing client

282records as prescribed by Florida law. The Provider is advised of Section 408.810, Florida Statutes. The

298Provider should also consult the applicable authorizing statutes and administrative code provisions as

311well as any other statute that may apply to health care practitioners regarding client records.

3269. The Provider is given notice of Florida law regarding unlicensed activity. The Provider

340is advised of Section 408.804 and Section 408.812, Florida Statutes. The Provider should also consult

355the applicable authorizing statutes and administrative code provisions. The Provider is notified that the

369cancellation of an Agency license may have ramifications potentially affecting accrediting, third party

382billing including but not limited to the Florida Medicaid program, and private contracts.

395ORDERED at Tallahassee, Florida, on this_!_!____ day of , 2016.

404retary

405are Administration

407NOTICE OF RIGHT TO JUDICIAL REVIEW

413A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

431instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy,

451along with filing fee as prescribed by law, with the District Court of Appeal in the appellate district

469where the Agency maintains its headquarters or where a party resides. Review of proceedings shall be

485conducted in accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30

502days of rendition of the order to be reviewed.

511CERTIFICATE OF SERVICE

514I CERTIFY that a true and this Final Order was on the below-named

527persons by the method designated on this ay of ,//po/ , 2016.

538Richard J. Shoop, Agency erk

543Agency for Health Care Administration

5482727 Mahan Drive, Bldg. #3, Mail Stop #3

556Tallahassee, Florida 32308-5403

559Telephone: (850) 412-3630

562Jan Mills Central Intake Unit

567Facilities Intake Unit Agency for Health Care Administration

575(Electronic Mail) (Electronic Mail)

579Katrina Derico- Harris Catherine Anne Avery, Unit Manager

587Medicaid Accounts Receivable Licensure Unit

592Agency for Health Care Administration Agency for Health Care Administration

602(Electronic Mail) (Electronic Mail)

606Shawn McCauley Arlene Mayo Davis, Field Office Manager

614Medicaid Contract Management Local Field Office

620Agency for Health Care Administration Agency for Health Care Administration

630(Electronic Mail) (Electronic Mail)

634Lourdes A. Naranjo, Senior Attorney Jay Adams, Esquire

642Office of the General Counsel Broad and Cassel

650Agency for Health Care Administration Post Office Drawer 11300

659(Electronic Mail) Tallahassee, FL 32301

664(U.S. Mail)

666Honorable Cathy Sellers

669Administrative Law Judge

672Division of Administrative Hearings

676(Electronic Filing)

678NOTICE OF FLORIDA LAW

682408.804 License required; display.--

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

705or provides services that require licensure, without first obtaining from the agency a license authorizing

720the provision of such services or the operation or maintenance of such provider.

733(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address

752that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not

775be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the

791licensee, provider, and location for which the license is issued.

801408.812 Unlicensed activity.--

804(1) A person or entity may not offer or advertise services that require licensure as defined by this part,

823authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency.

839A licenseholder may not advertise or hold out to the public that he or she holds a license for other than

860that for which he or she actually holds the license.

870(2) The operation or maintenance of an unlicensed provider or the performance of any services that

886require licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed

901activity constitutes harm that materially affects the health, safety, and welfare of clients. The agency or

917any state attorney may, in addition to other remedies provided in this part, bring an action for an

935injunction to restrain such violation, or to enjoin the future operation or maintenance of the unlicensed

951provider or the performance of any services in violation of this part and authorizing statutes, until

967compliance with this part, authorizing statutes, and agency rules has been demonstrated to the

981satisfaction of the agency.

985(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after

1004receiving notification from the agency, such person or entity fails to cease operation and apply for a

1021license under this part and authorizing statutes, the person or entity shall be subject to penalties as

1038prescribed by authorizing statutes and applicable rules. Each day of continued operation is a separate

1053offense.

1054(4) Any person or entity that fails to cease operation after agency notification may be fined $1,000 for

1073each day of noncompliance.

1077( 5) When a controlling interest or licensee has an interest in more than one provider and fails to license

1097a provider rendering services that require licensure, the agency may revoke all licenses and impose

1112actions under s. 408.814 and a fine of$1,000 per day, unless otherwise specified by authorizing statutes,

1129against each licensee until such time as the appropriate license is obtained for the unlicensed operation.

1145(6) In addition to granting injunctive relief pursuant to subsection (2), if the agency determines that a

1162person or entity is operating or maintaining a provider without obtaining a license and determines that a

1179condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person

1199or entity is subject to the same actions and fines imposed against a licensee as specified in this part,

1218authorizing statutes, and agency rules.

1223(7) Any person aware of the operation of an unlicensed provider must report that provider to the

1240agency.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 04/28/2016
Proceedings: Settlement Agreement filed.
PDF:
Date: 04/28/2016
Proceedings: Agency Final Order filed.
PDF:
Date: 04/25/2016
Proceedings: Agency Final Order
PDF:
Date: 04/05/2016
Proceedings: Transmittal letter from Claudia Llado forwarding Depositions to Respondent.
PDF:
Date: 03/31/2016
Proceedings: Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 03/31/2016
Proceedings: Notice of Telephonic Status Conference (status conference set for March 29, 2016; 1:00 p.m.).
PDF:
Date: 03/31/2016
Proceedings: Joint Motion to Relinquish Jurisdiction filed.
PDF:
Date: 03/29/2016
Proceedings: Order Canceling Hearing (parties to advise status by April 15, 2016).
Date: 03/29/2016
Proceedings: CASE STATUS: Status Conference Held.
PDF:
Date: 03/28/2016
Proceedings: Notice of Telephonic Status Conference (status conference set for March 29, 2016; 1:00 p.m.).
Date: 03/25/2016
Proceedings: CASE STATUS: Status Conference Held.
PDF:
Date: 03/24/2016
Proceedings: AHCA's Notice of Filing AHCA's Third Request for Production and Willow Manor's Response to AHCA's Third Request to Produce as to Case 15-1039 filed.
PDF:
Date: 03/23/2016
Proceedings: AHCA's Notice of Filing AHCA's First Set of Interrogatories Dated March 3, 2015 and Willow Manor's Answers to the Interrogatories Dated April 10, 2015 as to Case 15-1039 filed.
PDF:
Date: 03/21/2016
Proceedings: Notice of Telephonic Status Conference (status conference set for March 25, 2016; 3:00 p.m.).
Date: 03/21/2016
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 03/21/2016
Proceedings: Letter to Judge Sellers from Lourdes Naranjo enclosing (11) Depositions filed (not available for viewing).
PDF:
Date: 03/21/2016
Proceedings: AHCA's Notice of Filing AHCA's First Request for Admissions Dated March 3, 2015, and Willow Manor's Answers to AHCA's First Request for Admissions as to Case 15-1039 filed.
PDF:
Date: 03/18/2016
Proceedings: Amended Notice of Taking Deposition Duces Tecum (Dr. Sabbag) filed.
PDF:
Date: 03/16/2016
Proceedings: Willow Manor's Motion to Reschedule the Final Hearing filed.
PDF:
Date: 03/14/2016
Proceedings: Notice of Taking Deposition Duces Tecum (Dr. Samir Sabbag) filed.
PDF:
Date: 03/10/2016
Proceedings: Notice of Appearance (Nelson Rodney) filed.
PDF:
Date: 03/09/2016
Proceedings: Notice of Taking Deposition (Sherlyn Powell, Avis Davis, and Lea Jeudy) filed.
PDF:
Date: 03/09/2016
Proceedings: Agency's Notice of Serving Answers to Willow Manor's Interrogatories dated Feb. 10, 2016 filed.
PDF:
Date: 03/07/2016
Proceedings: Amended Notice of Hearing (hearing set for March 29 through April 1, 2016; 9:00 a.m.; Fort Lauderdale, FL; amended as to hearing date).
Date: 03/07/2016
Proceedings: CASE STATUS: Status Conference Held.
PDF:
Date: 02/12/2016
Proceedings: Second Amended Notice of Taking Deposition Duces Tecum (of Wayne Evancho, Mosbah Chehab, Michael Pearlman, Denise Williams, and Dafney Lubin) filed.
PDF:
Date: 02/12/2016
Proceedings: AHCA's Notice of Filing the Agency's Immediate Limited Moratorium on Admissions filed.
PDF:
Date: 02/10/2016
Proceedings: Willow Manor's Notice of Service of its First Interrogatories to the Agency for Health Care Administration filed.
PDF:
Date: 01/29/2016
Proceedings: Amended Notice of Taking Deposition Duces Tecum (of Wayne Evancho, Michael Perlman, Denise Williams, and Dafney Lubin) filed.
PDF:
Date: 01/29/2016
Proceedings: Amended Notice of Taking Depositions Duces Tecum filed.
PDF:
Date: 01/28/2016
Proceedings: Amended Notice of Hearing (hearing set for March 28 through April 1, 2016; 9:00 a.m.; Fort Lauderdale, FL; amended as to hearing location).
PDF:
Date: 01/27/2016
Proceedings: Notice of Taking Deposition Duces Tecum (of Wayne Evancho, Michael Perlman, and Dafney Lubin) filed.
PDF:
Date: 01/25/2016
Proceedings: Notice of Taking Depositions Duces Tecum filed.
PDF:
Date: 12/22/2015
Proceedings: Order Deeming Matters Admitted.
PDF:
Date: 12/15/2015
Proceedings: Notice of Unavailability filed.
PDF:
Date: 12/14/2015
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for March 28 through April 1, 2016; 9:00 a.m.; Fort Lauderdale, FL).
PDF:
Date: 12/11/2015
Proceedings: AHCA's Request to Deem Matters Admitted Set Out in AHCA's First Request for Admissions in 15-1039 filed.
PDF:
Date: 12/11/2015
Proceedings: Joint Motion for Continuance filed.
PDF:
Date: 12/04/2015
Proceedings: Willow Manors Notice of Service of Response to Third Request to Produce in Case 15-1039 filed.
PDF:
Date: 12/01/2015
Proceedings: Order Granting Motion to Expedite Discovery Response.
Date: 11/30/2015
Proceedings: CASE STATUS: Status Conference Held.
PDF:
Date: 11/25/2015
Proceedings: AHCA's Motion for Sanctions filed.
PDF:
Date: 11/24/2015
Proceedings: AHCA's Notice of Not Receiving Sworn Answers to AHCA's Interrogatories as to Case 15-3039, or Responses to AHCA's Request to Produce as to 15-3039, or Responses to AHCA's First and Second Request to Produce as to 15-1039 filed.
PDF:
Date: 11/23/2015
Proceedings: Response to Requests for Production and Interrogatories filed.
PDF:
Date: 11/19/2015
Proceedings: AHCA's Motion to Expedite Response to AHCA's Third Request to Produce filed.
PDF:
Date: 11/18/2015
Proceedings: AHCA's Third Request for Production filed.
PDF:
Date: 11/17/2015
Proceedings: Amended Notice of Hearing (hearing set for January 26 through 29, 2016; 9:00 a.m.; Fort Lauderdale, FL; amended as to hearing location).
PDF:
Date: 11/17/2015
Proceedings: Order Granting Motion to Compel and Awarding Expenses.
PDF:
Date: 11/04/2015
Proceedings: AHCA's Second Motion to Compel Answers to Interrogatories and Requests for Production of Documents filed.
PDF:
Date: 10/26/2015
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for January 26 through 29, 2016; 9:00 a.m.; Fort Lauderdale, FL).
PDF:
Date: 10/20/2015
Proceedings: Joint Motion for Continuance filed.
Date: 10/15/2015
Proceedings: CASE STATUS: Status Conference Held.
PDF:
Date: 10/15/2015
Proceedings: Notice of Taking Deposition Duces Tecum (of Captain Todd Neal) filed.
PDF:
Date: 10/14/2015
Proceedings: Response to Motion to Compel and Motion for Additional Time to Provide Discovery Responses filed.
PDF:
Date: 10/08/2015
Proceedings: Notice of Taking Deposition Duces Tecum (of Thomas Noland) filed.
PDF:
Date: 10/06/2015
Proceedings: Notice of Substitution of Counsel (Jay Adams) filed.
PDF:
Date: 10/06/2015
Proceedings: Notice of Appearance (Jay Adams) filed.
PDF:
Date: 10/01/2015
Proceedings: AHCA's Motion to Compel Answers to Interrogatories and Request for Production of Documents (filed in Case No. 15-003039).
PDF:
Date: 07/28/2015
Proceedings: (Respondent's) Notice of Unavailability filed.
PDF:
Date: 07/24/2015
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for December 1 through 4, 2015; 9:00 a.m.; Fort Lauderdale, FL).
PDF:
Date: 07/23/2015
Proceedings: Joint Motion for Continuance filed.
PDF:
Date: 07/15/2015
Proceedings: Order Granting Request to Take Official Recognition.
PDF:
Date: 07/14/2015
Proceedings: Petitioner's Answers to Respondent's First Request for Admissions filed.
PDF:
Date: 06/29/2015
Proceedings: AHCA's Notice of Unavailability filed.
PDF:
Date: 06/18/2015
Proceedings: Willow Manor's Response to AHCA's Motion for Leave to Proffer or in the Alternative, for the Court to Take Judicial Notice of Final Orders filed.
PDF:
Date: 06/11/2015
Proceedings: AHCA's First Request for Admissions (filed in Case No. 15-003039).
PDF:
Date: 06/09/2015
Proceedings: AHCA's First Set of Interrogatories (filed in Case No. 15-003039) filed.
PDF:
Date: 06/09/2015
Proceedings: AHCA's First Request for Production (filed in Case No. 15-003039) filed.
PDF:
Date: 06/09/2015
Proceedings: AHCA's Motion for Leave to Proffer, and, or in the Alternative, for the Court to Take Judicial Notice of Final Orders filed.
PDF:
Date: 06/05/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 06/05/2015
Proceedings: Amended Notice of Hearing (hearing set for August 17 through 20, 2015; 9:00 a.m.; Fort Lauderdale, FL; amended as to case style, hearing location, and issues).
PDF:
Date: 06/04/2015
Proceedings: Notice of Transfer.
PDF:
Date: 06/04/2015
Proceedings: Order of Consolidation (DOAH Case Nos. 15-1039 and 15-3039).
PDF:
Date: 05/29/2015
Proceedings: Agreed Motion to Consolidate filed.
PDF:
Date: 05/29/2015
Proceedings: Order Granting, In Part, and Denying, In Part, Respondent`s Motion for Leave to Amend Intent to Deny Renewal Application.
PDF:
Date: 05/13/2015
Proceedings: AHCA's Opposition to Willow Manor's Response to AHCA's Motion for Leave to Amend the Agency's Notice of Intent to Deny Renewal Application filed.
PDF:
Date: 05/11/2015
Proceedings: Petitioner's Response to AHCA's Motion to Amend the Agency's Notice of Intent to Deny Renewal Application filed.
PDF:
Date: 05/07/2015
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for August 17 through 20, 2015; 9:00 a.m.; Lauderdale Lakes, FL).
PDF:
Date: 05/05/2015
Proceedings: Joint Motion for Continuance filed.
PDF:
Date: 05/05/2015
Proceedings: AHCA's Motion for Leave to Amend the Agency's Notice of Intent to Deny Renewal Application filed.
PDF:
Date: 04/20/2015
Proceedings: AHCA's Answers to Willow Manor's First Set of Interrogatories filed.
PDF:
Date: 04/17/2015
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for May 26 and 27, 2015; 10:00 a.m.; Lauderdale Lakes, FL).
PDF:
Date: 04/16/2015
Proceedings: Joint Motion for Continuance filed.
PDF:
Date: 04/14/2015
Proceedings: Notice of Taking Deposition (of Sherlyn Powell, Leonora Maynard, Evena Vertil, Veronica Colonel, Sherline Alessi, and Marie Gahette) filed.
PDF:
Date: 04/09/2015
Proceedings: AHCA's Responses to Willow Manor's First Request for Production filed.
PDF:
Date: 04/02/2015
Proceedings: Letter to ACHA from Memorial Rehabilitation Inst(requesting an attached letter of non-objection for Subpoena) filed.
PDF:
Date: 04/01/2015
Proceedings: AHCA's Notice of Non-objection from Petitioner to Production from Memorial Regional Hospital filed.
PDF:
Date: 03/26/2015
Proceedings: Notice of Taking Deposition Duces Tecum (of Michael Steckbauer, M.D.) filed.
PDF:
Date: 03/24/2015
Proceedings: Respondent's Request for Production of Documents to the Agency for Health Care Administration filed.
PDF:
Date: 03/24/2015
Proceedings: Petitioner's Notice of Service of Interrogatories to Respondent filed.
PDF:
Date: 03/20/2015
Proceedings: AHCA's Second Request for Production filed.
PDF:
Date: 03/20/2015
Proceedings: AHCA's Notice of Non-objection from Petitioner to Production from Memorial Regional Hospital filed.
PDF:
Date: 03/04/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 03/04/2015
Proceedings: Notice of Hearing (hearing set for May 6 and 7, 2015; 10:00 a.m.; Fort Lauderdale, FL).
PDF:
Date: 03/04/2015
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 03/03/2015
Proceedings: AHCA's Notice of Serving Interrogatories, Requests for Production, and Requests for Admissions filed.
PDF:
Date: 02/25/2015
Proceedings: Initial Order.
PDF:
Date: 02/24/2015
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 02/24/2015
Proceedings: Motion to Refer Case to the Division of Administrative Hearings filed.
PDF:
Date: 02/24/2015
Proceedings: Order Rescinding Order of January 28, 2015 Granting Agreed Motion for Extension of Time to Submit the Joint Stipulation and Recommended Order to Transfer Matter to the Division of Administrative Hearings filed.
PDF:
Date: 02/24/2015
Proceedings: Notice of Intent to Deny for Renewal filed.
PDF:
Date: 02/24/2015
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
CATHY M. SELLERS
Date Filed:
02/24/2015
Date Assignment:
02/25/2015
Last Docket Entry:
04/28/2016
Location:
Fort Lauderdale, Florida
District:
Southern
Agency:
Other
 

Counsels

Related Florida Statute(s) (4):