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.
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 15, 2016.
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.
- Date
- Proceedings
- 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: 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: 09/06/2016
- 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).
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
-
Lourdes A. Naranjo, Esquire
Agency for Health Care Administration
Suite 330
525 Mirror Lake Drive
St. Petersburg, FL 33701
(727) 552-1944 -
David Wolis, Esquire
Law Offices of David A. Wolis, P.A.
Suite 405
2875 Northeast 191st Street
Aventura, FL 33180
(954) 491-0378 -
Lourdes A. Naranjo, Esquire
Address of Record -
David Wolis, Esquire
Address of Record