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.
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 18, 2015.
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 The Petitioner's application for licensure is WITHDRAWN.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 The Notice of Intent is withdrawn.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.
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
-
James M. Barclay, Esquire
Address of Record -
Lindsay Worsham Granger, Esquire
Address of Record