16-002904
My Home Alf, Inc. vs.
Agency For Health Care Administration
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 13, 2016.
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 13, 2016.
1ORDERED at Tallahassee, Florida, on this__]_______ day 2018.
9Justi . Se ·o , Secretary
14Agency for Health Care Administration
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 was served on the below-named
139persons by the method designated on this UGr --/ , 2018.
1497
150Agency
151Agency for Health Care Administration
1562727 Mahan Drive, Mail Stop 3
162Tallahassee, Florida 32308
165Telephone: (850) 412-3630
168Facilities Intake Unit Keisha Woods, Unit Manager
175Agency for Health Care Administration Assisted Living Unit
183(Electronic Mail) Agency for Health Care Administration
190(Electronic Mail)
192Central Intake Unit Arlene Mayo-Davis, Field Office Manager
200Agency for Health Care Administration Local Field Office
208(Electronic Mail) Agency for Health Care Administration
215(Electronic Mail)
217Katrina Derico-Harris Lourdes A. Naranjo, Assistant General Counsel
225Medicaid Accounts Receivable Office of the General Counsel
233Agency for Health Care Administration Agency for Health Care Administration
243(Electronic Mail) (Electronic Mail)
247Shawn McCauley Michael Walters
251Medicaid Contract Management My Home ALF, Inc.
258Agency for Health Care Administration 290 Northwest 188 111 Street
268(Electronic Mail) Miami Gardens, Florida 3 3169
275(U.S. Mail)
277Robert E. Meale
280Administrative Law Judge
283Division of Administrative Hearings
287(Electronic Filing)
289NOTICE OF FLORIDA LAW
293408.804 License required; display.--
297(1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers
315or provides services that require licensure, without first obtaining from the agency a license authorizing
330the provision of such services or the operation or maintenance of such provider.
343(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address
362that appears on the license and is valid only in the hands ofthe licensee to whom it is issued and may not
384be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the
400licensee, provider, and location for which the license is issued.
410408.812 Unlicensed activity.--
413( 1) A person or entity may not offer or advertise services that require licensure as defined by this part,
433authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency.
449A licenseholder may not advertise or hold out to the public that he or she holds a license for other than
470that for which he or she actually holds the license.
480(2) The operation or maintenance of an unlicensed provider or the performance of any services that require
497licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed activity
512constitutes harm that materially affects the health, safety, and welfare of clients. The agency or any state
529attorney may, in addition to other remedies provided in this part, bring an action for an injunction to
547restrain such violation, or to enjoin the future operation or maintenance of the unlicensed provider or the
564performance of any services in violation of this part and authorizing statutes, until compliance with this
580part, authorizing statutes, and agency rules has been demonstrated to the satisfaction of the agency.
595(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after
614receiving notification from the agency, such person or entity fails to cease operation and apply for a license
632under this part and authorizing statutes, the person or entity shall be subject to penalties as prescribed by
650authorizing statutes and applicable rules. Each day of continued operation is a separate offense.
664( 4) Any person or entity that fails to cease operation after agency notification may be fined $1,000 for
684each day of noncompliance.
688( 5) When a controlling interest or licensee has an interest in more than one provider and fails to license a
709provider rendering services that require licensure, the agency may revoke all licenses and impose actions
724under s. 408.814 and a fine of $1,000 per day, unless otherwise specified by authorizing statutes, against
742each 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 agency. the
- Date
- Proceedings
- PDF:
- Date: 07/08/2016
- Proceedings: Notice of Hearing by Video Teleconference (hearing set for July 25, 2016; 9:00 a.m.; Miami and Tallahassee, FL).
Case Information
- Judge:
- ROBERT E. MEALE
- Date Filed:
- 05/26/2016
- Date Assignment:
- 05/26/2016
- Last Docket Entry:
- 02/08/2018
- Location:
- Miami, Florida
- District:
- Southern
- Agency:
- Other
Counsels
-
Nelson E Rodney, Esquire
Address of Record -
Michael Walters
Address of Record -
Nelson E. Rodney, Esquire
Address of Record