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.
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 31, 2016.
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.
- Date
- Proceedings
- PDF:
- Date: 04/05/2016
- Proceedings: Transmittal letter from Claudia Llado forwarding Depositions to Respondent.
- PDF:
- Date: 03/31/2016
- Proceedings: Notice of Telephonic Status Conference (status conference set for March 29, 2016; 1:00 p.m.).
- PDF:
- Date: 03/29/2016
- 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: 03/14/2016
- Proceedings: Notice of Taking Deposition Duces Tecum (Dr. Samir Sabbag) 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: 01/28/2016
- 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: 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: 12/04/2015
- Proceedings: Willow Manors Notice of Service of Response to Third Request to Produce in Case 15-1039 filed.
- Date: 11/30/2015
- Proceedings: CASE STATUS: Status Conference Held.
- 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: 11/19/2015
- Proceedings: AHCA's Motion to Expedite Response to AHCA's Third Request to Produce 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: 11/04/2015
- 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).
- 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: 10/01/2015
- Proceedings: AHCA's Motion to Compel Answers to Interrogatories and Request for Production of Documents (filed in Case No. 15-003039).
- PDF:
- Date: 07/24/2015
- 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: 07/14/2015
- Proceedings: Petitioner's Answers to Respondent's First Request for Admissions 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: 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: 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: 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: 04/14/2015
- 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 Notice of Non-objection from Petitioner to Production from Memorial Regional Hospital filed.
- 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: 03/03/2015
- Proceedings: AHCA's Notice of Serving Interrogatories, Requests for Production, and Requests for Admissions filed.
- PDF:
- Date: 02/24/2015
- Proceedings: Motion to Refer Case to the Division of Administrative Hearings 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
-
Peter A. Lewis, Esquire
Law Offices of Peter A. Lewis, P.L.
Suite 101
3023 North Shannon Lakes Drive
Tallahassee, FL 32309
(850) 668-7141 -
Lourdes A. Naranjo, Esquire
Agency for Health Care Administration
Suite 300
8333 Northwest 53rd Street
Miami, FL 331664786
(305) 718-5906 -
Jay Adams, Esquire
Address of Record -
Nelson E Rodney, Esquire
Address of Record -
Nelson E. Rodney, Esquire
Address of Record