16-001936
Agency For Health Care Administration vs.
Hialeah's Finest Aclf, Inc.
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 13, 2016.
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 13, 2016.
,1f;t'
3Agency for Health Care Administration
8NOTICE OF RIGHT TO JUDICIAL REVIEW
14A party who is adversely affected by this Final Order is entitled to judicial review, which shall be
32instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy,
52along with filing fee as prescribed by law, with the District Court of Appeal in the appellate district
70where the Agency maintains its headquarters or where a party resides. Review of proceedings shall be
86conducted in accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30
103days of rendition of the order to be reviewed.
112CERTIFICATE OF SERVICE
115I CERTIFY that a true and Final Order was served on the below-named
128persons by the method designated on this of 7JU}c 4 ,c Z2 , 2016.
141Richard J. Shoop, Age
145Agency for Health Care Administration
1502727 Mahan Drive, Mail Stop 3
156Tallahassee, Florida 32308
159Telephone: (850) 412-3630
162Facilities Intake Unit Anne Avery, Unit Manager
169Agency for Health Care Administration Licensure Unit
176(Electronic Mail) Agency for Health Care Administration
183(Electronic Mail)
185Central Intake Unit Arlene Mayo-Davis, Field Office Manager
193Agency for Health Care Administration Local Field Office
201(Electronic Mail) Agency for Health Care Administration
208(Electronic Mail)
210Katrina Derico- Harris Alba M. Rodriguez, Senior Attorney
218Medicaid Accounts Receivable Office of the General Counsel
226Agency for Health Care Administration Agency for Health Care Administration
236(Electronic Mail) (Electronic Mail)
240Shawn McCauley Peggy Lowe Mendez
245Medicaid Contract Management Administrator and Registered Agent
252Agency for Health Care Administration Hialeah's Finest ACLF, Inc.
261(Electronic Mail) 272 East 54th Street
267Hialeah, Florida 33013
270(U.S. Mail)
272Vidal Marino Velis, Esquire
276V elis & Associates, P .A.
282Post Office Box 140729
286Coral Gables, FL 33114-0729
290(U.S. Mail)
292NOTICE OF FLORIDA LAW
296408.804 License required; display.--
300(1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers
318or provides services that require licensure, without first obtaining from the agency a license authorizing
333the provision of such services or the operation or maintenance of such provider.
346(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address
365that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not
388be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the
404licensee, provider, and location for which the license is issued.
414408.812 Unlicensed activity.--
417(1) A person or entity may not offer or advertise services that require licensure as defined by this part,
436authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency.
452A licenseholder may not advertise or hold out to the public that he or she holds a license for other than
473that for which he or she actually holds the license.
483(2) The operation or maintenance of an unlicensed provider or the performance of any services that
499require licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed
514activity constitutes harm that materially affects the health, safety, and welfare of clients. The agency or
530any state attorney may, in addition to other remedies provided in this part, bring an action for an
548injunction to restrain such violation, or to enjoin the future operation or maintenance of the unlicensed
564provider or the performance of any services in violation of this part and authorizing statutes, until
580compliance with this part, authorizing statutes, and agency rules has been demonstrated to the
594satisfaction of the agency.
598(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after
617receiving notification from the agency, such person or entity fails to cease operation and apply for a
634license under this part and authorizing statutes, the person or entity shall be subject to penalties as
651prescribed by authorizing statutes and applicable rules. Each day of continued operation is a separate
666offense.
667(4) Any person or entity that fails to cease operation after agency notification may be fined $1,000 for
686each day of noncompliance.
690(5) When a controlling interest or licensee has an interest in more than one provider and fails to license
709a provider rendering services that require licensure, the agency may revoke all licenses and impose
724actions under s. 408.814 and a fine of$1,000 per day, unless otherwise specified by authorizing statutes,
741against each licensee until such time as the appropriate license is obtained for the unlicensed operation.
757(6) In addition to granting injunctive relief pursuant to subsection (2), if the agency determines that a
774person or entity is operating or maintaining a provider without obtaining a license and determines that a
791condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person
811or entity is subject to the same actions and fines imposed against a licensee as specified in this part,
830authorizing statutes, and agency rules.
835(7) Any person aware of the operation of an unlicensed provider must report that provider to the
852agency.
Case Information
- Judge:
- JOHN G. VAN LANINGHAM
- Date Filed:
- 04/08/2016
- Date Assignment:
- 04/08/2016
- Last Docket Entry:
- 08/15/2016
- Location:
- Miami, Florida
- District:
- Southern
- Agency:
- Other
Counsels
-
Alba M. Rodriguez, Esquire
Address of Record -
Vidal Marino Velis, Esquire
Address of Record