16-003861 Agency For Health Care Administration vs. At Liberty Assisted Living Facility
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 15, 2016.


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1STATE OF FLORIDA f'- o 6

7AGENCY FOR HEALTH CARE ADMINISTRATION

122011 FEB - 3 A $ 21

19STATE OF FLORIDA, AGENCY FOR

24HEALTH CARE ADMINISTRATION,

27Petitioner, DOAH Nos. 16 - 3861

3316 - 4888

36IN AHCA Nos. 2015009303

402016007207

41AT LIBERTY ASSISTED LIVING FACILITY, LLC, License No. 12537

50File No. 11968632

53Respondent. Provider Type: Assisted Living Facility

59RENDITION NO.- A11CA- n -

64FINAL ORDER

66Having reviewed the Administrative Complaint, and all other matters of record, the Agency for

80Health Care Administration finds and concludes as follows:

881. The Agency issued the attached Administrative Complaint, and the Amended Notice of

101Intent to deny and Election of Rights form to the Respondent. ( Composite Ex. 1) The parties have since

120entered into the attached Settlement Agreement, which is adopted and incorporated by reference into

134this Final Order. ( Ex. 2)

140Based upon the foregoing, it is ORDERED:

1472. The license of At Liberty Assisted Living Facility, LLC' s ( " At Liberty ") is REVOKED

164effective December 15, 2016. The individuals identified in the settlement agreement are prohibited from

178applying for and holding an Agency license in accordance with the terms of the settlement agreement.

194An administrative fine of $ 3, 291. 00 is imposed on At Liberty but STAYED in accordance with the

213terms of the settlement agreement.

2183. In accordance with Florida law, the At Liberty is responsible for retaining and

232appropriately distributing all client records within the timeframes prescribed in the authorizing statutes

245and applicable administrative code provisions. At Liberty is advised of Section 408. 810, Florida

259Statutes.

2604. In accordance with Florida law, At Liberty is responsible for any refunds that may have

276to be made to the clients.

2825. At Liberty is given notice of Florida law regarding unlicensed activity. At Liberty is

297advised of Section 408. 804 and Section 408. 812, Florida Statutes. At Liberty should also consult the

314applicable authorizing statutes and administrative code provisions. At Liberty is notified that the

327revocation of an Agency license may have ramifications potentially affecting accrediting, third party

340billing including but not limited to the Florida Medicaid program, and private contracts.

353ORDERED at Tallahassee, Florida, on this __2_ day of '2017.

363retary

364re Administration

366----

367NOTICE OF RIGHT TO JUDICIAL REVIEW

373A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

391instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy,

411along with filing fee as prescribed by law, with the District Court of Appeal in the appellate district

429where the Agency maintains its headquarters or where a party resides. Review of proceedings shall be

445conducted in accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30

462days of rendition of the order to be reviewed.

471CERTIFICATE OF SERVICE

474I CERTIFY that a true and of this Final Or er was served on the below-named

490persons by the method designated on this of , 2017.

499oop, Agency Clerk

502Agency for Health Care Administration

5072727 Mahan Drive, Mail Stop 3

513Tallahassee, Florida 32308

516Telephone: (850) 412-3630

519Jan Mills Laura Manville

523Facilities Intake Unit Assisted Living Facility, Unit Manager

531Agency for Health Care Administration Licensure Unit

538(Electronic Mail) Agency for Health Care Administration

545(Electronic Mail)

547Central Intake Unit Arlene Mayo-Davis, Field Office Manager

555Agency for Health Care Administration Local Field Office

563(Electronic Mail) Agency for Health Care Administration

570(Electronic Mail)

572Katrina Derico-Harris Lourdes Naranjo, Senior Attorney

578Medicaid Accounts Receivable Office of the General Counsel

586Agency for Health Care Administration Agency for Health Care Administration

596(Electronic Mail) (Electronic Mail)

600Shawn McCauley Alvin Hill, Administrator

605Medicaid Contract Management At Liberty Assisted Living Facility, LLC

614Agency for Health Care Administration 1897 N.W. 44th Avenue

623(Electronic Mail) Miami, Florida 33142

628(U.S. Mail)

630Honorable Mari Li Creasy David A. Wolis, Esquire

638Administrative Law Judge Law Office of David A. Wolis, P.A.

648Division of Administrative Hearings 2875 Northeast 19P 1 Street, Suite 405

659(Electronic Filing) Aventura, Florida 33142

664(U.S. Mail)

666NOTICE OF FLORIDA LAW

670408.804 License required; display.--

674(1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers

692or provides services that require licensure, without first obtaining from the agency a license authorizing

707the provision of such services or the operation or maintenance of such provider.

720(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address

739that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not

762be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the

778licensee, provider, and location for which the license is issued.

788408.812 Unlicensed activity.--

791(1) A person or entity may not offer or advertise services that require licensure as defined by this part,

810authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency.

826A licenseholder may not advertise or hold out to the public that he or she holds a license for other than

847that for which he or she actually holds the license.

857(2) The operation or maintenance of an unlicensed provider or the performance of any services that

873require licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed

888activity constitutes harm that materially affects the health, safety, and welfare of clients. The agency or

904any state attorney may, in addition to other remedies provided in this part, bring an action for an

922injunction to restrain such violation, or to enjoin the future operation or maintenance of the unlicensed

938provider or the performance of any services in violation of this part and authorizing statutes, until

954compliance with this part, authorizing statutes, and agency rules has been demonstrated to the

968satisfaction ofthe agency.

971(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after

990receiving notification from the agency, such person or entity fails to cease operation and apply for a

1007license under this part and authorizing statutes, the person or entity shall be subject to penalties as

1024prescribed by authorizing statutes and applicable rules. Each day of continued operation is a separate

1039offense.

1040( 4) Any person or entity that fails to cease operation after agency notification may be fined $1 ,000 for

1060each day of noncompliance.

1064(5) When a controlling interest or licensee has an interest in more than one provider and fails to license

1083a provider rendering services that require licensure, the agency may revoke all licenses and impose

1098actions under s. 408.814 and a fine of $1 ,000 per day, unless otherwise specified by authorizing statutes,

1116against each licensee until such time as the appropriate license is obtained for the unlicensed operation.

1132(6) In addition to granting injunctive relief pursuant to subsection (2), if the agency determines that a

1149person or entity is operating or maintaining a provider without obtaining a license and determines that a

1166condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person

1186or entity is subject to the same actions and fines imposed against a licensee as specified in this part,

1205authorizing statutes, and agency rules.

1210(7) Any person aware of the operation of an unlicensed provider must report that provider to the

1227agency.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 02/03/2017
Proceedings: Agency Final Order
PDF:
Date: 02/03/2017
Proceedings: Settlement Agreement filed.
PDF:
Date: 02/03/2017
Proceedings: Agency Final Order filed.
PDF:
Date: 12/15/2016
Proceedings: Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 12/14/2016
Proceedings: Agreed Motion to Relinquish Jurisdiction filed.
PDF:
Date: 11/18/2016
Proceedings: AHCA's Second Request for Production filed.
PDF:
Date: 11/18/2016
Proceedings: AHCA's Second Request for Production filed.
PDF:
Date: 11/14/2016
Proceedings: AHCA's Status Report in Regard to Discovery Requests filed.
PDF:
Date: 11/14/2016
Proceedings: At Liberty Assisted Living Facility's Response to AHCA's First Request for Production (filed in Case No. 16-004888).
PDF:
Date: 11/14/2016
Proceedings: Notice of Service of Petitioner's Responses to AHCA's First Set of Interrogatories (filed in Case No. 16-004888).
PDF:
Date: 11/04/2016
Proceedings: AHCA's Notice of Re-Filing AHCA's First Request for Production filed.
PDF:
Date: 11/02/2016
Proceedings: Order Granting Petitioner's Motion to Compel.
PDF:
Date: 11/02/2016
Proceedings: AHCA's Motion to Compel Responses to Interrogatories and Requests for Production of Documents filed.
PDF:
Date: 11/01/2016
Proceedings: Amended Petition for Formal Administrative hearing (filed in Case No. 16-004888).
PDF:
Date: 10/18/2016
Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 19 and 20, 2017; 9:00 a.m.; Miami and Tallahassee, FL; amended as to ).
PDF:
Date: 10/18/2016
Proceedings: Order Granting Motion for Leave to Amend the Agency's Notice of Intent to Deny Renewal Application.
PDF:
Date: 10/17/2016
Proceedings: AHCA's Notice of Substituting the Agency's Amended Notice of Intent to Deny Renewal Application filed.
PDF:
Date: 10/17/2016
Proceedings: AHCA's Unopposed Motion for Leave to Amend the Agency's Notice of Intent to Deny Renewal Application filed.
PDF:
Date: 10/14/2016
Proceedings: Joint Motion for Continuance of Final Hearing and for Extension of Time to Respond to AHCA's Discovery filed.
PDF:
Date: 10/03/2016
Proceedings: At Liberty Assisted Living Facility's Response to AHCA's First Request for Admissions (filed in Case No. 16-004888).
PDF:
Date: 09/07/2016
Proceedings: AHCA's First Request for Admissions filed.
PDF:
Date: 09/07/2016
Proceedings: AHCA's First Request for Production filed.
PDF:
Date: 09/07/2016
Proceedings: AHCA's First Set of Interrogatories filed.
PDF:
Date: 09/06/2016
Proceedings: Amended Notice of Hearing by Video Teleconference (hearing set for November 3 and 4, 2016; 9:00 a.m.; Miami and Tallahassee, FL; amended as to dates).
PDF:
Date: 09/06/2016
Proceedings: Order of Consolidation (DOAH Case Nos. 16-3861, 16-4888).
PDF:
Date: 07/19/2016
Proceedings: Notice of Hearing by Video Teleconference (hearing set for September 15, 2016; 9:00 a.m.; Miami and Tallahassee, FL).
PDF:
Date: 07/19/2016
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 07/11/2016
Proceedings: Initial Order.
PDF:
Date: 07/11/2016
Proceedings: Order of Transfer to Division of Administrative Hearings filed.
PDF:
Date: 07/11/2016
Proceedings: Election of Rights filed.
PDF:
Date: 07/11/2016
Proceedings: Administrative Complaint filed.
PDF:
Date: 07/11/2016
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
MARY LI CREASY
Date Filed:
07/11/2016
Date Assignment:
07/11/2016
Last Docket Entry:
02/03/2017
Location:
Miami, Florida
District:
Southern
Agency:
Other
 

Counsels

Related Florida Statute(s) (3):