16-001935 Agency For Health Care Administration vs. Alita Chea Haran, D/B/A Alita And John Haran Alf Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 12, 2016.

6. The Respondent shall remain responsible for retaining and appropriately distributing client

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

The Respondent 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.

7. The Respondent is given notice of Florida law regarding unlicensed activity. The

Respondent is advised of Section 408.804, Section 408.815, and Section 408.812, Florida Statutes. The

Respondent should also consult the applicable authorizing statutes and administrative code provisions.

The Respondent 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.

8. The Respondent shall pay the Agency $5,193.86. If full payment has been made, the

cancelled check acts as receipt of payment and no further payment is required. If full payment has not

been made, payment is due within 30 days of the Final Order. Overdue amounts are subject to statutory

interest and may be referred to collections. A check made payable to the "Agency for Health Care

Administration" and containing the AHCA ten-digit case number should be sent to:

Central Intake Unit

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 61

Tallahassee, Florida 32308

ORDERED at Tallahassee, Florida, on this 2l/ 1 h day of _ _____ , 2017.

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

Richard J. Shoop, ncy Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

Telephone: [phone]

Facilities Intake Unit Keisha Woods, Unit Manager

Agency for Health Care Administration Assisted Living Unit

(Electronic Mail) Agency for Health Care Administration

(Electronic Mail)

Central Intake Unit Arlene Mayo-Davis, Field Office Manager

Agency for Health Care Administration Local Field Office

(Electronic Mail) Agency for Health Care Administration

(Electronic Mail)

Katrina Derico-Harris Lourdes A. Naranjo, Assistant General Counsel

Medicaid Accounts Receivable Office of the General Counsel

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Shawn McCauley Arthur Spiegel, Esquire

Medicaid Contract Management Arthur Spiegel, Esq., P.A.

Agency for Health Care Administration Counsel for Respondent

(Electronic Mail) 10577 Southwest 1 09th Court.

Miami, Florida 33176

(U.S. Mail)

Mary Li Creasy

Administrative Law Judge

Division of Administrative Hearings

(Electronic Filing)

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.

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

AGENCY FOR HEALTH CARE

ADMINISTRATION,

Petitioner, DOAH No.: 16-1935

AHCA No. 2016001834

v.

EILEEN CHEA HARAN d/b/a ALITA AND

JOHN HARAN ALF,

Respondent.

AHCA'S MOTION FOR AN ORDER TO SHOW CAUSE TO WHY THIS CASE

SHOULD NOT BE CLOSED AS MOOT OR CONSIDERED TO HAVE BEEN

ABANDONED

Petitioner, Agency for Health Care Administration (AHCA or Agency) hereby

requests for an Order to Show Cause against EILEEN CHEA HARAN d/b/a ALITA AND

JOHN HARAN ALF (Respondent or provider or Haran) as to why this case should not be

closed as moot, and in support of this motion the Agency states as follows:

1) The Agency served Respondent with an Administrative Complaint on or

about April 8, 2016 seeking revocation.

2) Respondent filed an Election of Rights on April 8, 2014 electing Option 3.

3) The Agency served Respondent with Interrogatories, Request for

Admissions, and Requests for Production on June 24, 2016.

4) Respondent has not answered the discovery.

5) On July 12, 2016, the Court entered an Order Closing File and

Relinquishing Jurisdiction on the basis that the parties had failed to

file a status report by June 30, 2016 and therefore the Court

concluded that this cause had been amicably resolved (Ex. 1).

6) On or about November of 2016, the Agency sent a settlement agreement

to opposing counsel which Respondent was suppose to execute.

The settlement agreement has never been executed even after the

Page I of2 EXHIBIT 2

Agency has sent multiple requests to opposing counsel.

7) Respondent's license {ALF license 12192) expired on May 23, 2016.

Respondent did not renew the license.

8) Therefore, Respondent no longer has a license.

9) Therefore, this case is moot.

10)0pposing counsel objects to this motion.

Based on the foregoing, the Agency requests that an Order to Show

Cause to be issued as to why this cause should not be closed as abandoned and

to enter a final order entered adopting the findings of facts and the conclusions

of law set forth in the Administrative Complaint or, in the alternative, to dismiss

the case as moot.

Respectfully submitted,

IS/Lourdes A. Naranjo

Lourdes A. Naranjo, Esquire

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been

furnished (via electronic mail) to Arthur Spiegel, Esquire, 10577 S.W. 109th Court,

Miami, Florida, on this 26th day of July, 2017.

IS/Lourdes A. Naranjo

Lourdes A. Naranjo, Esquire

Florida Bar No. 997315

Assistant General Counsel

Agency for Health Administration

525 Mirror Lake Drive N, Suite 330

St. Petersburg, Florida 33701

Page 2 of2

STATE OF FLORIDA . \\

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR 20\
AUG -u A q: 38

HEALTH CARE ADMINISTRATION,

Petitioner, AHCA No. 2016001834

v.

ALITA CHEA HARAN d/b/a ALITA AND

JOHN HARAN ALF,

Respondent.

____ /

ORDER ON MOTION FOR AN ORDER TO SHOW CAUSE lAS I TO WHY THIS

CASE SHOULD NOT BE CLOSED AS MOOT OR CONSIDERED TO HAVE

BEEN ABANDONED

THIS CAUSE came before the office of the Agency Clerk on Petitioner's Motion for

an Order to Show Cause [as] to why this Case should not be Closed as Moot or Considered to

have been Abandoned ("Motion") in the above-styled case.

Upon review of the Motion, and noting the fact that Respondent did not file any

response to the Motion, the undersigned finds that the issuance of an order to show cause in

this matter is not necessary. It is clear from Respondent's inaction that Respondent has

abandoned this matter. Thus, it is proper for the Agency to enter a final order upholding the

Agency's February 23,2016 Administrative Complaint as final.

IT IS THEREFORE ORDERED AND ADJUDGED THAT:

The Motion is denied. Instead, the Agency shall enter a final order dismissing

Respondent's Answer and Request for Formal Hearing with prejudice due to abandonment,

and upholding the Agency's February 23, 2016 Administrative Complaint as fmal.

EXHIBIT

DONE and ORDERED on this t_ day of ,'J:(C:J-"1), 2017, in Tallahassee,

Florida.

___ ___ =- ____

RICHARD J. SHOOP, Agency

State of Florida, Agency for

Health Care Administration

2727 Mahan Drive, MS 3

Tallahassee, Florida 32308

[phone]

COPIES FURNISHED TO:

Lourdes A. Naranjo, Esquire

State ofFlorida, Agency for

Health Care Administration

525 Mirror Lake Drive North, Suite 330

Saint Petersburg, Florida 33701

(via electronic mail to [e-mail])

Arthur Spiegel, Esquire

Arthur Spiegel, Esq., P.A.

1 0577 Southwest 1 ogth Court

Miami, Florida 33176

(via electronic mail to [e-mail])

Jan Mills

Facilities Intake Unit

(via electronic mail to [e-mail])