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.


View Dockets  

1STATE OF FLORIDA

4AGENCY FOR HEALTH CARE ADMINISTRATION

9LEOMA Y A.L.F., INC,

132015 MAR 23 P !2: 21

19Petitioner,

20DOAH Case No. 15-6032

24V. AHCA No. 2015009540

28License No. 9705

31STATE OF FLORIDA, AGENCY FOR File No. 11965316

39HEALTH CARE ADMINISTRATION Provider Type: Assisted Living Facility

47RENDITION NO.: AHCA-1 -o 2.09 -S-OLC

53Respondent.

54__________________________________ /

56FINAL ORDER

58Having reviewed the Notice oflntent to Deny Renewal Application and all other matters of record,

73the Agency for Health Care Administration finds and concludes as follows:

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

99Intent and Election of Rights form. (Ex. 1). The Petitioner submitted a Petition for Formal Hearing but

116later signed a Settlement Agreement agreeing to withdraw its renewal application and surrender its license.

131(Ex. 2)

133Based upon the foregoing, it is ORDERED:

1402. The parties shall comply with the terms of the Settlement Agreement.

1523. The Petitioner's application for licensure is WITHDRAWN.

1604. The Notice of Intent is withdrawn.

1675. In accordance with Florida law, the expiration date of the existing license is extended to

183March 31, 2016. At that time, the Petitioner shall immediately return the license certificate for the license

200which is the subject of this action to the appropriate licensure unit in Tallahassee, Florida.

2156. The Petitioner is responsible for any refunds that may be due to any clients.

2307. The Petitioner shall remain responsible for retaining and appropriately distributing client

242records as prescribed by Florida law. The Petitioner is advised of Section 408.810, Florida Statutes. The

258Petitioner should also consult the applicable authorizing statutes and administrative code provisions as

271well as any other statute that may apply to health care practitioners regarding client records.

2868. The Petitioner is given notice of Florida law regarding unlicensed activity. The Petitioner

300is advised of Section 408.804 and Section 408.812, Florida Statutes. The Petitioner should also consult

315the applicable authorizing statutes and administrative code provisions. The Petitioner is notified that the

329cancellation of an Agency license may have ramifications potentially affecting accrediting, third party

342billing including but not limited to the Florida Medicaid program, and private contracts.

355ORDERED at Tallahassee, Florida, on this ;63 day of , 2016.

365NOTICE OF RIGHT TO JUDICIAL REVIEW

371A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted

390by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with

411filing fee as prescribed by law, with the District Court of Appeal in the appellate district where the Agency

430maintains its headquarters or where a party resides. Review of proceedings shall be conducted in

445accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of

462rendition of the order to be reviewed.

469CERTIFICATE OF SERVICE

472I CERTIFY that a true and correct this Final Order was served on the below-named

487persons by the method designated on of ,d_rc <{ ,="">

495Richard J. Shoop, Agency Clerk

500Agency for Health Care Administration

5052727 Mahan Drive, Mail Stop 3

511Tallahassee, Florida 32308

514Telephone: (850) 412-3630

517Facilities Intake Unit Catherine Anne Avery, Unit Manager

525Agency for Health Care Administration Licensure Unit

532(Electronic Mail) Agency for Health Care Administration

539(Electronic Mail)

541Katrina Derico-Harris Arlene Mayo-Davis, Field Office Manager

548Medicaid Accounts Receivable Local Field Office

554Agency for Health Care Administration Agency for Health Care Administration

564(Electronic Mail) (Electronic Mail)

568Shawn McCauley Lindsay Granger, Senior Attorney

574Medicaid Contract Management Office of the General Counsel

582Agency for Health Care Administration Agency for Health Care Administration

592(Electronic Mail) (Electronic Mail)

596Hon. Darren A. Schwartz Leonor Rodriguez, Owner

603Administrative Law Judge Leo may ALF, Inc.

610Presiding Officer 3666 SW 5th Terrace

616Division of Administrative Hearings Miami, FL 33135

623(Electronic Mail) (U.S. Mail)

627NOTICE OF FLORIDA LAW

631408.804 License required; display.--

635(1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers

653or provides services that require licensure, without first obtaining from the agency a license authorizing

668the provision of such services or the operation or maintenance of such provider.

681(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address

700that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not

723be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the

739licensee, provider, and location for which the license is issued.

749408.812 Unlicensed activity.--

752(1) A person or entity may not offer or advertise services that require licensure as defined by this part,

771authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency.

787A licenseholder may not advertise or hold out to the public that he or she holds a license for other than

808that for which he or she actually holds the license.

818(2) The operation or maintenance of an unlicensed provider or the performance of any services that require

835licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed activity

850constitutes harm that materially affects the health, safety, and welfare of clients. The agency or any state

867attorney may, in addition to other remedies provided in this part, bring an action for an injunction to

885restrain such violation, or to enjoin the future operation or maintenance of the unlicensed provider or the

902performance of any services in violation of this part and authorizing statutes, until compliance with this

918part, authorizing statutes, and agency rules has been demonstrated to the satisfaction of the agency.

933(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after

952receiving notification from the agency, such person or entity fails to cease operation and apply for a license

970under this part and authorizing statutes, the person or entity shall be subject to penalties as prescribed by

988authorizing statutes and applicable rules. Each day of continued operation is a separate offense.

1002(4) Any person or entity that fails to cease operation after agency notification may be fined $1,000 for

1021each day of noncompliance.

1025( 5) When a controlling interest or licensee has an interest in more than one provider and fails to license a

1046provider rendering services that require licensure, the agency may revoke all licenses and impose actions

1061under s. 408.814 and a fine of$1,000 per day, unless otherwise specified by authorizing statutes, against

1078each licensee until such time as the appropriate license is obtained for the unlicensed operation.

1093(6) In addition to granting injunctive relief pursuant to subsection (2), if the agency determines that a

1110person or entity is operating or maintaining a provider without obtaining a license and determines that a

1127condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person

1147or entity is subject to the same actions and fines imposed against a licensee as specified in this part,

1166authorizing statutes, and agency rules.

1171(7) Any person aware of the operation of an unlicensed provider must report that provider to the agency.

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PDF
Date
Proceedings
PDF:
Date: 04/04/2016
Proceedings: Settlement Agreement filed.
PDF:
Date: 04/04/2016
Proceedings: (Agency) Final Order filed.
PDF:
Date: 03/23/2016
Proceedings: Agency Final Order
PDF:
Date: 12/18/2015
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Date: 12/18/2015
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 12/17/2015
Proceedings: Joint Motion to Continue Final Hearing filed.
PDF:
Date: 11/06/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 11/06/2015
Proceedings: Notice of Hearing by Video Teleconference (hearing set for January 20 and 21, 2016; 9:00 a.m.; Miami and Tallahassee, FL).
PDF:
Date: 11/02/2015
Proceedings: Response to Initial Order filed.
PDF:
Date: 10/26/2015
Proceedings: Initial Order.
PDF:
Date: 10/26/2015
Proceedings: Election of Rights filed.
PDF:
Date: 10/26/2015
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 10/26/2015
Proceedings: Notice of Intent to Deny Renewal Application filed.
PDF:
Date: 10/26/2015
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
DARREN A. SCHWARTZ
Date Filed:
10/26/2015
Date Assignment:
10/26/2015
Last Docket Entry:
04/04/2016
Location:
Miami, Florida
District:
Southern
Agency:
Other
 

Counsels

Related DOAH Cases(s) (1):

Related Florida Statute(s) (3):