15-005455
Agency For Health Care Administration vs.
Amegab Home Care, Inc.
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 13, 2015.
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 13, 2015.
17. The Respondent shall pay the Agency $22,500.00. If full payment has been made, the
17cancelled check acts as receipt of payment and no further payment is required. If full payment has not
35been made, payment is due within 30 days of the Final Order. Overdue amounts are subject to statutory
53interest and may be referred to collections. A check made payable to the "Agency for Health Care
70Administration" and containing the AHCA ten-digit case number should be sent to:
82Central Intake Unit
85Agency for Health Care Administration
902727 Mahan Drive, Mail Stop 61
96Tallahassee, Florida 32308
99ORDERED in Tallahassee, Florida, on this $day of __ 2016.
109Elizabeth Dudek, ecretary
112Agency For Health are Administration
117NOTICE OF RIGHT TO JUDICIAL REVIEW
123A party who is adversely affected by this Final Order is entitled to judicial review, which shall be
141instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy,
161along with filing fee as prescribed by law, with the District Court of Appeal in the appellate district
179where the Agency maintains its headquarters or where a party resides. Review of proceedings shall be
195conducted in accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30
212days of rendition of the order to be reviewed.
221CERTIFICATE OF SERVICE
224I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished to the below
241named persons by the method designated on day of Pr 1.1)......: , 2016.
253\\
254Facilities Intake Unit Catherine Anne Avery, Unit Manager
262Agency for Health Care Administration Assisted Living Unit
270(Electronic Mail) Agency for Health Care Administration
277(Electronic Mail)
279Central Intake Unit Arlene Mayo-Davis, Field Office Manager
287Agency for Health Care Administration Area 11-Miami
294(Electronic Mail) Agency for Health Care Administration
301(Electronic Mail)
303Katrina Derico-Harris Alba Rodriquez, Assistant General Counsel
310Medicaid Accounts Receivable Office of the General Counsel
318Agency for Health Care Administration Agency for Health Care Administration
328(Electronic Mail) (Electronic Mail)
332Shawn McCauley Vidal Marino Velis, Esquire
338Medicaid Contract Management V elis & Associates, P .A.
347Agency for Health Care Administration Post Office Box 14-0729
356(Electronic Mail) Coral Gables, FL 3 3114
363(U.S. Mail)
365NOTICE OF FLORIDA LAW
369408.804 License required; display.--
373( 1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers
392or provides services that require licensure, without first obtaining from the agency a license authorizing
407the provision of such services or the operation or maintenance of such provider.
420(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address
439that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not
462be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the
478licensee, provider, and location for which the license is issued.
488408.812 Unlicensed activity.--
491(1) A person or entity may not offer or advertise services that require licensure as defined by this part,
510authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency.
526A licenseholder may not advertise or hold out to the public that he or she holds a license for other than
547that for which he or she actually holds the license.
557(2) The operation or maintenance of an unlicensed provider or the performance of any services that
573require licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed
588activity constitutes harm that materially affects the health, safety, and welfare of clients. The agency or
604any state attorney may, in addition to other remedies provided in this part, bring an action for an
622injunction to restrain such violation, or to enjoin the future operation or maintenance of the unlicensed
638provider or the performance of any services in violation of this part and authorizing statutes, until
654compliance with this part, authorizing statutes, and agency rules has been demonstrated to the
668satisfaction of the agency.
672(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after
691receiving notification from the agency, such person or entity fails to cease operation and apply for a
708license under this part and authorizing statutes, the person or entity shall be subject to penalties as
725prescribed by authorizing statutes and applicable rules. Each day of continued operation is a separate
740offense.
741(4) Any person or entity that fails to cease operation after agency notification may be fined $1,000 for
760each day of noncompliance.
764(5) When a controlling interest or licensee has an interest in more than one provider and fails to license
783a provider rendering services that require licensure, the agency may revoke all licenses and impose
798actions under s. 408.814 and a fine of$1,000 per day, unless otherwise specified by authorizing statutes,
815against each licensee until such time as the appropriate license is obtained for the unlicensed operation.
831(6) In addition to granting injunctive relief pursuant to subsection (2), if the agency determines that a
848person or entity is operating or maintaining a provider without obtaining a license and determines that a
865condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person
885or entity is subject to the same actions and fines imposed against a licensee as specified in this part,
904authorizing statutes, and agency rules.
909(7) Any person aware of the operation of an unlicensed provider must report that provider to the
926agency.
Case Information
- Judge:
- JUNE C. MCKINNEY
- Date Filed:
- 09/29/2015
- Date Assignment:
- 09/30/2015
- Last Docket Entry:
- 07/05/2016
- Location:
- Miami, Florida
- District:
- Southern
- Agency:
- Other
Counsels
-
Alba M. Rodriguez, Esquire
Address of Record -
Vidal Marino Velis, Esquire
Address of Record