16-000068 Agency For Health Care Administration vs. Palm Gardens Manor, Inc.
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 18, 2016.


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1ORDERED at Tallahassee, Florida, on this 2.Sth day of _ __,.J""'a,!Ln=u""'ar 4 Vi<------ _____="" .,="">

18/

19NOTICE OF RIGHT TO JUDICIAL REVIEW

25A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted

44by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with

65filing fee as prescribed by law, with the District Court of Appeal in the appellate district where the Agency

84maintains its headquarters or where a party resides. Review of proceedings shall be conducted in

99accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of

116rendition of the order to be reviewed.

123CERTIFICATE OF SERVICE

126I CERTIFY that a true and of this Final served on the below-named

139persons by the method designated on thiszzt::>-uay of =

148oop, Agency Cler

151Agency for Health Care Administration

1562727 Mahan Drive, Mail Stop 3

162Tallahassee, Florida 32308

165Telephone: (850) 412-3630

168Facilities Intake Unit Unit Manager Licensure Unit

175Agency for Health Care Administration Agency for Health Care Administration

185(Electronic Mail) (Electronic Mail)

189Central Intake Unit Arlene Mayo-Davis, Field Office Manager

197Agency for Health Care Administration Local Field Office

205(Electronic Mail) Agency for Health Care Administration

212(Electronic Mail)

214Katrina Derico-Harris Teresita A. Viv6, Senior Attorney

221Medicaid Accounts Receivable Office ofthe General Counsel

228Agency for Health Care Administration Agency for Health Care Administration

238(Electronic Mail) (Electronic Mail)

242Shawn McCauley Ana Alvarez, Individually and as President of

251Medicaid Contract Management Palm Gardens Manor, Inc.

258Agency for Health Care Administration 1232 W 60 111 Street

268(Electronic Mail) Hialeah, Florida 33012-6366

273(U.S. Mail)

275Y oel Molina, Esquire

279Attorney for Palm Gardens Manor, Inc. and

286Ana Alvarez

288Law Office of Y oel Molina, P .A.

296782 NW 42nd A venue, Ste. 343

303Miami, Florida 33126-5550

306(U.S. Mail)

308NOTICE OF FLORIDA LAW

312408.804 License required; display.--

316(1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers

334or provides services that require licensure, without first obtaining from the agency a license authorizing

349the provision of such services or the operation or maintenance of such provider.

362(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address

381that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not

404be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the

420licensee, provider, and location for which the license is issued.

430408.812 Unlicensed activity.--

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

453authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency.

469A licenseholder may not advertise or hold out to the public that he or she holds a license for other than

490that for which he or she actually holds the license.

500(2) The operation or maintenance of an unlicensed provider or the performance of any services that require

517licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed activity

532constitutes harm that materially affects the health, safety, and welfare of clients. The agency or any state

549attorney may, in addition to other remedies provided in this part, bring an action for an injunction to

567restrain such violation, or to enjoin the future operation or maintenance of the unlicensed provider or the

584performance of any services in violation of this part and authorizing statutes, until compliance with this

600part, authorizing statutes, and agency rules has been demonstrated to the satisfaction of the agency.

615(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after

634receiving notification from the agency, such person or entity fails to cease operation and apply for a license

652under this part and authorizing statutes, the person or entity shall be subject to penalties as prescribed by

670authorizing statutes and applicable rules. Each day of continued operation is a separate offense.

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

704each day of noncompliance.

708(5) When a controlling interest or licensee has an interest in more than one provider and fails to license a

728provider rendering services that require licensure, the agency may revoke all licenses and impose actions

743under s. 408.814 and a fine of $1,000 per day, unless otherwise specified by authorizing statutes, against

761each licensee until such time as the appropriate license is obtained for the unlicensed operation.

776(6) In addition to granting injunctive relief pursuant to subsection (2), if the agency determines that a

793person or entity is operating or maintaining a provider without obtaining a license and detennines that a

810condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person

830or entity is subject to the same actions and fines imposed against a licensee as specified in this part,

849authorizing statutes, and agency rules.

854(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: 01/31/2017
Proceedings: Settlement Agreement filed.
PDF:
Date: 01/31/2017
Proceedings: Agency Final Order filed.
PDF:
Date: 01/27/2017
Proceedings: Agency Final Order
PDF:
Date: 04/18/2016
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 04/18/2016
Proceedings: Unopposed Motion to Relinquish Jurisdiciton with Leave to Reopen Pending Settlement Negotiations filed.
PDF:
Date: 03/07/2016
Proceedings: Order Striking Unopposed Motion for Withdrawing Order of Dismissal.
PDF:
Date: 03/04/2016
Proceedings: Unopposed Motion for Withdrawal of Order of Dismissal filed.
PDF:
Date: 02/29/2016
Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for April 22, 2016; 9:00 a.m.; Miami, FL).
PDF:
Date: 02/29/2016
Proceedings: Unopposed Motion For Continuance and Notice of Appearance (Yoel Molina) filed.
PDF:
Date: 02/29/2016
Proceedings: Unopposed Motion for Continuance of the March 11, 2016, Hearing filed.
PDF:
Date: 01/19/2016
Proceedings: Notice of Hearing by Video Teleconference (hearing set for March 11, 2016; 9:00 a.m.; Miami and Tallahassee, FL).
PDF:
Date: 01/15/2016
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 01/08/2016
Proceedings: Initial Order.
PDF:
Date: 01/08/2016
Proceedings: Election of Rights filed.
PDF:
Date: 01/08/2016
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 01/08/2016
Proceedings: Administrative Complaint filed.
PDF:
Date: 01/08/2016
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
ROBERT E. MEALE
Date Filed:
01/08/2016
Date Assignment:
01/08/2016
Last Docket Entry:
01/31/2017
Location:
Miami, Florida
District:
Southern
Agency:
Other
 

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