15-006032 Leomay Alf, Inc. vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, December 18, 2015.

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

LEOMA Y A.L.F., INC,

2015 MAR 23 P !2: 21

Petitioner,

DOAH Case No. 15-6032

V. AHCA No. 2015009540

License No. 9705

STATE OF FLORIDA, AGENCY FOR File No. 11965316

HEALTH CARE ADMINISTRATION Provider Type: Assisted Living Facility

RENDITION NO.: AHCA-1 -o 2.09 -S-OLC

Respondent.

__________________________________ /

FINAL ORDER

Having reviewed the Notice oflntent to Deny Renewal Application and all other matters of record,

the Agency for Health Care Administration finds and concludes as follows:

1. The Agency issued the Petitioner, a renewal applicant for licensure, the attached Notice of

Intent and Election of Rights form. (Ex. 1). The Petitioner submitted a Petition for Formal Hearing but

later signed a Settlement Agreement agreeing to withdraw its renewal application and surrender its license.

(Ex. 2)

Based upon the foregoing, it is ORDERED:

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

3. The Petitioner's application for licensure is WITHDRAWN.

4. The Notice of Intent is withdrawn.

5. In accordance with Florida law, the expiration date of the existing license is extended to

March 31, 2016. At that time, the Petitioner shall immediately return the license certificate for the license

which is the subject of this action to the appropriate licensure unit in Tallahassee, Florida.

6. The Petitioner is responsible for any refunds that may be due to any clients.

7. The Petitioner shall remain responsible for retaining and appropriately distributing client

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

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

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

8. The Petitioner is given notice of Florida law regarding unlicensed activity. The Petitioner

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

the applicable authorizing statutes and administrative code provisions. The Petitioner 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 ;63 day of , 2016.

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 correct this Final Order was served on the below-named

persons by the method designated on of ,d_rc <{ ,="">

Richard J. Shoop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

Telephone: [phone]

Facilities Intake Unit Catherine Anne Avery, Unit Manager

Agency for Health Care Administration Licensure Unit

(Electronic Mail) Agency for Health Care Administration

(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 Lindsay Granger, Senior Attorney

Medicaid Contract Management Office of the General Counsel

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Hon. Darren A. Schwartz Leonor Rodriguez, Owner

Administrative Law Judge Leo may ALF, Inc.

Presiding Officer 3666 SW 5th Terrace

Division of Administrative Hearings Miami, FL 33135

(Electronic Mail) (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.