15-006457 Concorde Loving Care, Inc. vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 16, 2016.

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STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

CONCORDE LOVING CARE, INC., 2Uiti JUN 2'1 ,/':;.. \\\\: OS

Petitioner, DOAH No. 15-6457

AHCA No. 2015008934

v. License No. 9003

File No. 11964453

STATE OF FLORIDA, AGENCY FOR Provider Type: Assisted Living Facility

HEALTH CARE ADMINISTRATION,

Respondent.

FINAL ORDER

THIS CAUSE came on for consideration before the Agency for Health Care Administration

("the Agency"), which finds and concludes as follows:

1. The Agency issued the Petitioner, an applicant for assisted living facility licensure, the

attached Notice of Intent to Deny for Renewal letter ("NOI"). (Ex. 1) The case was forwarded to the

Division of Administrative Hearings ("DOAH") for a formal hearing that was convened in Daytona

Beach, Florida on March 22 and 23, 2016, and Tallahassee, Florida on April 15, 2016 pursuant to

Section 120.57(1), Florida Statutes.

2. The Petitioner entered a Notice of Voluntary Withdrawal of its formal hearing request at

DOAH on June 14, 2016. (Ex. 2)

3. The Presiding Officer subsequently entered an Order Closing File and Relinquishing

Jurisdiction to the Agency in order to reduce to final agency action the NOI. (Ex. 3)

Based upon the foregoing, it is ORDERED:

4. The Petitioner's request for hearing is dismissed.

5. The NOI is upheld and the Petitioner's renewal application for licensure is denied.

6. In accordance with Florida law, the expiration date of the existing license is extended 30

days for the sole purpose of allowing the safe and orderly discharge of clients. At the conclusion of 30

days or upon the discontinuance of operations, whichever is first in 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.

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

8. 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.

9. 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 in Tallahassee, Florida, on this of '2016.

Elizabeth Dudek Secretary

Agency For H th 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 HEREBY CERTIFY that a true and correct copy ofthe/ regoing was furnished to the below

named persons by the method designated on this 2

Ric ard J. Shoop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, MS #3

Tallahassee, FL 32308

[phone]

Jan Mills Catherine Anne Avery, Unit Manager

Facilities Intake Unit Assisted Living Unit

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Katrina Derico-Harris Rob Dickson, Field Office Manager

Medicaid Accounts Receivable Local Field Office- Region 4

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Shawn McCauley Andrew Thomquest, Senior Attorney

Medicaid Contract Management Office of the General Counsel

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

G. W. Chisenhall, Ida Harris, Owner

Administrative Law Judge Concorde Loving Care, Inc.

Division of Administrative Hearings 13 Pope Lane

(Electronic Mail) Palm Coast, Florida 32164

(U.S. Mail)

Theodore E. Mack, Esquire

Counsel for the Petitioner

3 700 Bellwood Drive

Tallahassee, Florida 32303

(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 advertise or 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.