16-002187
B And B Home Care Ii, Inc. vs.
Agency For Health Care Administration
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 12, 2016.
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 12, 2016.
1CmW
2STATE OF FLORIDA ANCA
6fi, SEi11i Y Ci FR f
12AGENCY FOR HEALTH CARE ADMINISTRATION
172017 FEB 3 A &- 2l
23B AND B HOME CARE II, INC.,
30Petitioner, DOAH CASE NO: 16- 2187
36AHCA NO. 2016002264
39Vs. License No. 8287
43RE DI TION NO.: MCA- `, -\\ S - OLC
53STATE OF FLORIDA, AGENCY FOR a . -
61HEALTH CARE ADMINISTRATION,
64Respondent.
65B AND B HOME CARE III, INC.,
72Petitioner, DOAH CASE NO: 16 - 2188
79AHCA NO. 2016002230
82License No 10946
85u- 3
87STATE OF FLORIDA AGENCY FOR
92HEALTH CARE ADMINISTRATION,
95Respondent.
96B AND B HOME CARE I, INC.,
103Petitioner, DOAH CASE NO: 16 - 3392
110AHCA NO. 2016004066
113License No. 9866
116VS.
117STATE OF FLORIDA AGENCY FOR
122HEALTH CARE ADMINISTRATION,
125Respondent.
126FINAL ORDER
128Having reviewed the Notices of Intent to Deny Renewal Application, and all other matters of
143record, the Agency for Health Care Administration finds and concludes as follows:
155I. The Agency issued each of the Providers the attached Notices of Intent to Deny Renewal
171(Comp. Ex. 1 ). The parties subsequently entered into a Settlement Agreement. (Ex. 2)
185Based upon the foregoing, it is ORDERED:
1922. The Settlement Agreement is adopted and incorporated by reference into this Final Order.
206The parties shall comply with the terms of the Settlement Agreement.
2173. The Notice of Intent to Deny issued to B and B Home Care I, Inc. is withdrawn subject to
237the terms of the Settlement Agreement.
2434. The Providers are responsible for any refunds that may be due to any clients.
2585. The Providers shall remain responsible for retaining and appropriately distributing client
270records as prescribed by Florida law. The Provider is advised of Section 408.810, Florida Statutes. The
286Provider should also consult the applicable authorizing statutes and administrative code provisions as well
300as any other statute that may apply to health care practitioners regarding client records.
3146. The Providers are given notice of Florida law regarding unlicensed activity. The Provider
328is advised of Section 408.804 and Section 408.812, Florida Statutes. The Provider should also consult the
344applicable authorizing statutes and administrative code provisions. The Providers are notified that the
357cancellation of an Agency license may have ramifications potentially affecting accrediting, third party
370billing including but not limited to the Florida Medicaid program, and private contracts.
383ORDERED at Tallahassee, Florida, on this __ )_ day 2017.
393io Secretary
395ealth Care Administration
398NOTICE OF RIGHT TO JUDICIAL REVIEW
404A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted
423by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with
444filing fee as prescribed by law, with the District Court of Appeal in the appellate district where the Agency
463maintains its headquarters or where a party resides. Review of proceedings shall be conducted in
478accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of
495rendition of the order to be reviewed.
502CERTIFICATE OF SERVICE
505I CERTIFY that a true and correct of this Final Order was served on the below-named
521persons by the method designated on this of , 2017.
5307
531oop, Agenc
533Agency for Health Care Administration
5382727 Mahan Drive, Mail Stop 3
544Tallahassee, Florida 32308
547Telephone: (850) 412-3630
550Facilities Intake Unit Catherine Anne Avery, Unit Manager
558Agency for Health Care Administration Licensure Unit
565(Electronic Mail) Agency for Health Care Administration
572(Electronic Mail)
574Katrina Derico-Harris Arlene Mayo-Davis, Field Office Manager
581Medicaid Accounts Receivable Local Field Office
587Agency for Health Care Administration Agency for Health Care Administration
597(Electronic Mail) (Electronic Mail)
601Shawn McCauley Lourdes Naranjo, Senior Attorney
607Medicaid Contract Management Office of the General Counsel
615Agency for Health Care Administration Agency for Health Care Administration
625(Electronic Mail) (Electronic Mail)
629Central Intake Unit Tieesha N. Taylor, Esquire
636Agency for Health Care Administration Law Offices ofTieesha N. Taylor, P.A.
647(Electronic Mail) 14 707 South Dixie Highway, Suite 30
656Miami, FL 33176
659(Electronic Mail)
661Honorable Robert E. Meale
665Administrative Law Judge
668Division of Administrative Hearings
672(Electronic Filing)
674NOTICE OF FLORIDA LAW
678408.804 License required; display.--
682(1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers
700or provides services that require licensure, without first obtaining from the agency a license authorizing
715the provision of such services or the operation or maintenance of such provider.
728(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address
747that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not
770be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the
786licensee, provider, and location for which the license is issued.
796408.812 Unlicensed activity.--
799(I) A person or entity may not offer or advertise services that require licensure as defined by this part,
818authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency.
834A license holder may not advertise or hold out to the public that he or she holds a license for other than
856that for which he or she actually holds the license.
866(2) The operation or maintenance of an unlicensed provider or the performance of any services that require
883licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed activity
898constitutes harm that materially affects the health, safety, and welfare of clients. The agency or any state
915attorney may, in addition to other remedies provided in this part, bring an action for an injunction to
933restrain such violation, or to enjoin the future operation or maintenance of the unlicensed provider or the
950performance of any services in violation of this part and authorizing statutes, until compliance with this
966part, authorizing statutes, and agency rules has been demonstrated to the satisfaction of the agency.
981(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after
1000receiving notification from the agency, such person or entity fails to cease operation and apply for a license
1018under this part and authorizing statutes, the person or entity shall be subject to penalties as prescribed by
1036authorizing statutes and applicable rules. Each day of continued operation is a separate offense.
1050( 4) Any person or entity that fails to cease operation after agency notification may be fined $1,000 for
1070each day of noncompliance.
1074(5) When a controlling interest or licensee has an interest in more than one provider and fails to license a
1094provider rendering services that require licensure, the agency may revoke all licenses and impose actions
1109under s. 408.814 and a fine of $1,000 per day, unless otherwise specified by authorizing statutes, against
1127each licensee until such time as the appropriate license is obtained for the unlicensed operation.
1142(6) In addition to granting injunctive relief pursuant to subsection (2), if the agency determines that a
1159person or entity is operating or maintaining a provider without obtaining a license and determines that a
1176condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person
1196or entity is subject to the same actions and fines imposed against a licensee as specified in this part,
1215authorizing statutes, and agency rules.
1220(7) Any person aware of the operation of an unlicensed provider must report that provider to the agency.
- Date
- Proceedings
- PDF:
- Date: 08/11/2016
- Proceedings: Notice of Serving Supplemental Responses to First Requests for Production filed.
- PDF:
- Date: 08/10/2016
- Proceedings: Petitioner's Amended Motion to Compel Better Responses to First Request for Production and to Provide Better Responses to Petitioner's First Set of Interrogatories ( (B and B Home Care II, Inc.) filed.
- PDF:
- Date: 08/10/2016
- Proceedings: Petitioner's Amended Motion to Compel Better Responses to First Request for Production and to Provide Better Responses to Petitioner's First Set of Interrogatories ( (B and B Home Care III, Inc.) filed.
- PDF:
- Date: 08/10/2016
- Proceedings: Petitioner's Motion to Compel Better Responses to First Request for Production and to Provide Better Responses to Petitioner's First Set of Interrogatories (B and B Home Care III, Inc.) filed.
- PDF:
- Date: 08/10/2016
- Proceedings: Petitioner's Motion to Compel Better Responses to First Request for Production and to Provide Better Responses to Petitioner's First Set of Interrogatories (B and B Home Care II, Inc.) filed.
- PDF:
- Date: 07/29/2016
- Proceedings: AHCA's Notice of Filing Statement of Deficiencies Dated 10/21/15 and 1/25/16 for Motion to Compel B and B Home Care II to Answer Fully Interrogatory Numbers 9 and 2 of AHCA's First Set of Interrogatories filed.
- PDF:
- Date: 07/29/2016
- Proceedings: AHCA's Motion to Compel B and B Home Care II to Answer Fully Interrogatory Numbers 9 and 2 of AHCA's First Set of Interrogatories filed.
- PDF:
- Date: 07/27/2016
- Proceedings: AHCA's Motion to Compel B and B Home Care III's to Answer AHCA's First Set of Interrogatories Numbers 5 and 8 and for Complete Answers to Interrogatories 10 and 11 (filed in Case No. 16-002188).
- PDF:
- Date: 07/27/2016
- Proceedings: AHCA's Motion to Compel B and B Home Care III's to Provide Documents in Response to AHCA's First and Third Requests for Production of Documents (filed in Case No. 16-002188).
- PDF:
- Date: 07/25/2016
- Proceedings: AHCA's Motion to Compel B and B Home Care II's to Provide Documents in Response to AHCA's Request for Production of Documents filed.
- PDF:
- Date: 07/15/2016
- Proceedings: AHCAs Answers to B and B Home Care III's First Set of Interrogatories filed.
- PDF:
- Date: 07/15/2016
- Proceedings: AHCAs Answers to B and B Home Care II's First Set of Interrogatories filed.
- PDF:
- Date: 07/11/2016
- Proceedings: AHCA's Response to B and B Home Care, III's First Request for Production filed.
- PDF:
- Date: 07/08/2016
- Proceedings: AHCA's Response to B and B Home Care II's First Request for Production filed.
- PDF:
- Date: 07/01/2016
- Proceedings: Order of Consolidation (DOAH Case Nos. 16-2187, 16-2188, and 16-3392).
- PDF:
- Date: 06/30/2016
- Proceedings: Order Granting Continuance (parties to advise status by September 30, 2016).
- PDF:
- Date: 06/29/2016
- Proceedings: AHCA's Unopposed Motion for Continuance of the Hearing and for Extension of Time to Respond to B and B Home Care II and B and B Home Care III's Interrogatories and Request for Production of Documents filed.
- PDF:
- Date: 06/22/2016
- Proceedings: Notice of Serving Responses and Objections to Discovery (filed in Case No. 16-002188).
- PDF:
- Date: 06/16/2016
- Proceedings: Notice of Service of Responses and Objections to Discovery filed.
- PDF:
- Date: 06/15/2016
- Proceedings: AHCA's Responses to B and B Home Care III's First Request for Admissions filed.
- PDF:
- Date: 06/15/2016
- Proceedings: AHCA's Responses to B and B Home Care II's First Request for Admissions filed.
- PDF:
- Date: 05/31/2016
- Proceedings: Notice of Serving Petitioner's First Set of Interrogatories, Petitioner's First Request for Admissions, and Petitioner's First Request for Production (filed in Case No. 16-002188).
- PDF:
- Date: 05/31/2016
- Proceedings: Notice of Serving Petitioner's First Set of Interrogatories, Petitioner's First Request for Admissions, and Petitioner's First Request for Production filed.
- PDF:
- Date: 05/03/2016
- Proceedings: AHCA's First Request for Admissions (filed in Case No.: 16-2188) filed.
- PDF:
- Date: 05/03/2016
- Proceedings: Amended Notice of Hearing by Video Teleconference (hearing set for July 14 and 15, 2016; 9:00 a.m.; Miami and Tallahassee, FL; amended as to video teleconference and hearing location).
- PDF:
- Date: 05/02/2016
- Proceedings: Amended Notice of Hearing (hearing set for July 14 and 15, 2016; 9:00 a.m.; Miami, FL; amended as to hearing dates).
- PDF:
- Date: 04/29/2016
- Proceedings: Notice of Hearing (hearing set for June 15 and 16, 2016; 9:00 a.m.; Miami, FL).
- PDF:
- Date: 04/20/2016
- Proceedings: Petition for Formal Administrative Proceeding Pursuant to Section 120.57(1), Florida Statutes filed.
Case Information
- Judge:
- ROBERT E. MEALE
- Date Filed:
- 04/20/2016
- Date Assignment:
- 04/20/2016
- Last Docket Entry:
- 02/03/2017
- Location:
- Micco, Florida
- District:
- Northern
- Agency:
- Other
Counsels
-
Lourdes A. Naranjo, Esquire
Address of Record -
Tieesha N. Taylor, Esquire
Address of Record