17-001920
Agency For Health Care Administration vs.
Scg Harbourwood, Llc, D/B/A Harbourwood Health And Rehabilitation Center
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 28, 2017.
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 28, 2017.
13. The Administrative Complaint seeking license revocation and the Notice of Intent to Deny
15the license renewal application are withdrawn in accordance with the tenns of the Settlement Agreement.
30ORDERED in Tallahassee, Florida, on this ___1_.2_ day 2020.
, 39Deputy Secretary
41h Care Administration
44NOTICE OF RIGHT TO JUDICIAL REVIEW
50A party that is adversely affected by this Final Order is entitled to seek judicial review which shall be
69instituted by filing one copy of a notice of appeal with the agency clerk of AHCA, and a second copy,
89along with filing fee as prescribed by law, with the District Court of Appeal in the appellate district where
108the agency maintains its headquarters or where a party resides. Review of proceedings shall be conducted
124in accordance with the Florida appellate rules. The notice of appeal must be filed within 30 days of
142rendition of the order to be reviewed.
149CERTIFICATE OF SERVICE
152I HEREBY CERTIFY a true and Finamer served on the below-
163named persons by the method designated on this J1!!:_ day of , 2020.
175'
176Ric . Shoop, gency Clerk
181Agency for Health Care Administration
1862727 Mahan Drive, Mail Stop 3
192Tallahassee, Florida 32308
195Telephone (850) 412-3630
198Jan Mills Central Intake Unit,
203Facilities Intake Unit Agency for Health Care Administration
211Agency for Health Care Administration (Electronic Mail)
218(Electronic Mail)
220Bernard Hudson, Unit Manager Pat Caufinan, Field Office Manager
229Long Term Care Unit Local Field Office- Region 05 and 06
240Agency for Health Care Administration Agency for Health Care Administration
250(Electronic Mail) (Electronic Mail)
254Katrina Derico-Hanis Andrew Sheeran, Chief Litigation Counsel
261Medicaid Accounts Receivable Office of the General Counsel
269Agency for Health Care Administration Agency for Health Care Administration
279(Electronic Mail) (Electronic Mail)
283Andrew Thomquest, Assistant General Counsel Michelle Vaughn, President
291Office of the General Counsel Senior Care Group, Inc.
300Agency for Health Care Administration 1240 Marbella Plaza Drive
309(Electronic Mail) Tampa, Florida 33619
314(U.S. Mail)
316Thomas M. Hoeler, ChiefFacilities Counsel Steven A. Grigas, Esq.
325Office of the General Counsel AkermanLLP
331Agency for Health Care Administration Counsel for The Home Association
341(Electronic Mail) steven.grigas@akerman.com
344(Electronic Mail)
346STATE OF FLORIDA
349AGENCY FOR HEALTH CARE ADMINISTRATION
354STATE OF FLORIDA, AGENCY FOR
359HEALTH CARE ADMINISTRATION,
362Petitioner,
363vs. ACHA No.: 2016008295
367License No.: 12400962
370THE BRIDGES NURSING AND, File No.: 62936
377REHABILITATION, LLC d/b/a THE HOME, Provider Type: Nursing Home
386ASSOCIATION
387Respondent.
388ADMINISTRATIVE COMPLAINT
390COMES NOW the Agency for Health Care Administration (hereinafter ··Agency"), by
402and through the undersigned counsel, and files this Administrative Complaint against The Bridges
415Nursing and Rehabilitation, LLC d/b/a The Home Association (hereinafter '·Respondent""),
426pursuant to §§120.569 and 120.57 Florida Statutes, and alleges:
435NATURE OF THE ACTION
439This is an action to revoke the Respondent's license to operate a skilled nursing facility.
454PARTIES
4551. The Agency is the licensing and regulatory authority that oversees skilled nursing
468facilities (also called nursing homes) and enforces the state statutes and rules governing such
482facilities. Ch. 408, Part II, Ch. 400, Part II, Fla. Stat.; Ch. 59A-4, Fla. Admin. Code. The Agency
500is authorized to deny, suspend, or revoke a license, and impose administrative fines pursuant to
515sections 400.121, and 400.23, Florida Statutes, assign a conditional license pursuant to subsection
528400.23(7), Florida Statutes, and assess costs related to the investigation and prosecution of this
542case pursuant to section 400.121, Florida Statutes
549EXH\\B\\T 1
5512. The Respondent was issued a license by the Agency to operate a skil1ed nursing
566facility located at 1203 East 22nd Avenue, Tampa, Florida 33605, and was at all times material
582required to comply with the applicable statutes and rules.
591COUNT I
593Failure to Timely Pay Quality Assessment Fines
6003. Under Florida law, the agency may seek any of the following remedies for failure
615of any nursing homes facility provider to pay its assessments timely: ... (b) suspension or
630revocation of the nursing home facility license. § 409.9082(7), Fla. Stat. (2015).
6424. Pursuant to Florida law,
647( 4) Providers are subject to the following monetary fines pursuant
658to Section 409.9082(7), F.S., for failure to timely pay a quality
669assessment:
670(a) For a facility's first offense, a fine of $500 per day shall be
684imposed until the quality assessment is paid in full, but in no event
697shall the fine exceed the amount of the quality assessment.
707(b) For any offense subsequent to a first offense, a fine of$1 ,000 per
721day shall be imposed until the quality assessment is paid in full, but
734in no event shall the fine exceed the amount of the quality
746assessment. A subsequent offense is defined as any offense within a
757period of five years preceding the most recent quality assessment
767due date.
769(c) An offense is defined as one month's quality assessment
779payment not received by the 20th day of the next succeeding
790calendar month.
792(d) In the event that a provider fails to report their total number of
806resident days as defined in Section 409.9082( 1 )(c), F.S., by the 20th
819day of the next succeeding calendar month, the fines in paragraphs
830(a)-( c) apply and the maximum amount of the fines shall be equal to
844their last submitted quality assessment amount but in no event shall
855the total fine exceed the amount of the quality assessment.
865(5) In addition to the aforementioned fines, providers are also
875subject to the non-monetary remedies enumerated in Section
883409.9082(7), F.S. Imposition of the non-monetary remedies by
891AHCA will be as follows:
896(a) For a third subsequent offense, AHCA will withhold any medical
907assistance reimbursement payments until the assessment is
914recovered.
915(b) For a fourth or greater subsequent offense, AHCA will seek
926suspension or revocation of the facility's license.
933Rule 590-6.010(4) & (5), F.A.C., (2016). (emphasis added).
9415. Respondent's tacility has been assessed Quality Assessment Fees, but has not been
954paying them in a timely manner starting in April 2015.
9646. Respondent has failed to pay these fees by the 20 1 h of the succeeding calendar
981month four or more times.
986WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration,
997seeks to revoke Respondent's license to operate a skilled nursing facility
1008COUNT II
1010Termination from Medicaid Program
10147. Under Florida law, in addition to the grounds provided in authorizing statutes,
1027grounds that may be used by the agency for denying and revoking a license or change of ownership
1045application include any of the following actions by a controlling interest: . .. (e) the applicant,
1061licensee, or controlling interest has been or is currendy excluded, suspended, or terminated from
1075participation in the state Medicaid program, the Medicaid program of any other state, or the
1090Medicare program. § 408.815(I)(e), Fla. Stat. (2015). (emphasis added).
10998. Pursuant to Florida law, in addition to any other remedies provided by law, the
1114agency may deny each application or suspend or revoke each license, registration, or certificate of
1129entities regulated or licensed by it: if the applicant, licensee, or a licensee subject to this part which
1147shares a common controlling interest with the applicant has failed to pay all outstanding fines,
1162liens, or overpayments assessed by final order of the agency or final order of the Centers for
1179Medicare and Medicaid Services ("CMS''), not subject to further appeal, unless a repayment plan
1194is approved by the agency.§ Fla. Stat. (2015).
12029. Under Section 400.121, Florida Statutes, in pertinent "the agency may deny
1214an application, revoke or suspend a license, and impose an administrative fine, not to exceed $500
1230per violation per day for the violation of any provision of this part, part II of chapter 408, or
1249applicable rules, against any app1icant or licensee for the following violations by the applicant,
1263licensee, or other controlling interest: ... (b) an adverse action by a regulatory agency against any
1279other licensed facility that has a common controlling interest with the licensee or applicant against
1294whom the action under this section is being brought. If the adverse action involves solely the
1310management company, the applicant or licensee shall be given 30 days to remedy before final
1325action is taken. If the adverse action is based solely on the actions of a controlling interest, the
1343applicant or licensee may present factors in mitigation of any proposed penalty based upon a
1358showing that such penalty is inappropriate under the circumstances." § 400.121 ( 1 )(b), Fla. Stat.
1374(2015).
137510. Under Florida law, "controlling interest is defined as '"(a) The applicant or licensee;
1390(b) A person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent
1412or greater ownership interest in the applicant or licensee; (c) A person or entity that serves as an
1430officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the
1449management company or other entity, related or unrelated, with which the applicant or licensee
1463contracts to the man·age the provider. The term does not include a voluntary board member.'' §
1479408.803(7), Fla. Stat. (20 15).
148411. On or about May 4, 2016, Maplewood Care Center, a nursing home facility located
1499in Tulsa, Oklahoma, has its Medicaid provider agreement terminated for cause by CMS.
151212. Additionally, the Oklahoma Health Care Authority terminated Maplewood Care
1522Center's SoonerCare General Provider Agreement.
152713. Senior Care Group, Inc. is listed as a controlling interest of Maplewood Care
1541Center.
154214. Senior Care Group, Inc. is also listed as a controlling interest of The Bridges
1557Nursing and Rehabilitation, LLC.
1561WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration,
1572seeks to revoke Respondent's license to operate a skilled nursing facility.
1583CLAIM FOR RELIEF
1586WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration,
1597seeks to enter a final order that:
1604I. Renders findings of fact and conclusions of law as set forth above.
16172. Grants the relief set forth above.
1624Respectfully Submitted,
1626Andrew B. Thomquest, Assistant General Counsel
1632Florida Bar No. 0104832
1636Office of the General Counsel
1641Agency for Health Care Administration
16462727 Mahan Drive, MS #3
1651Tallahassee, Florida 32303
1654Telephone:
1655Facsimile: 850-922-9634
1657andrew.thornquest@ahca.myflorida.com
1658NOTICE OF RIGHTS
1661Pursuant to Section 120.569, F.S., any party has the right to request an administrative
1675hearing by filing a request with the Agency Clerk. In order to obtain a formal hearing before
1692the Division of Administrative Hearings under Section 120.57(1), F.S., however, a party must
1705file a request for an administrative hearing that complies with the requirements of Rule 28-
1720106.2015, Florida Administrative Code. Specific options for administrative action are set
1731out in the attached EJection of Rights form.
1739The Election of Rights form or request for hearing must be filed with the Agency Clerk for
1756the Agency for Health Care Administration within 21 days of the day the Administrative
1770Complaint was received. If the Election of Rights form or request for hearing is not timely
1786received by the Agency Clerk by 5:00 p.m. Eastern Time on the 21st day, the right to a
1804hearing will be waived. A copy of the Election of Rights form or request for hearing must
1821also be sent to the attorney who issued the Administrative Complaint at his or her address.
1837The Election of Rights form shall be addressed to: Agency Clerk, Agency for Health Care
1852Administration, 2727 Mahan Drive, Mail Stop 3, Tallahassee, FL 32308; Telephone (850)
1864412-3630, Facsimile (850) 921-0158.
1868Any party who appears in any agency proceeding has the right, at his or her own expense, to
1886be accompanied, represented, and advised by counsel or other qualified representative.
1897Mediation under Section 120.573, F.S., is available if the Agency agrees, and if available, the
1912pursuit of mediation will not adversely affect the right to administrative proceedings in the
1926event mediation does not result in a settlement.
1934CERTIFICATE OF SERVICE
1937I HEREBY CERTIFY that a true and correct copy of the Administrative Complaint and
1951Election of Rights form were served to the below named persons/entities by the method designated
1966on this 13th day of September, 2016.
1973Andrew B. Thornquest, Assistant General Counsel
1979Florida Bar No. 0104832
1983Office of the General Counsel
1988Agency for Health Care Administration
19932727 Mahan Drive, MS #3
1998Tallahassee, Florida 32308
2001Telephone: 850-412-3679
2003Facsimile: 850-922-9634
2005andrew. thornquest@ahca.myflorida. com
2008Pat Caufman, Field Office Manager Steven A. Grigas, Respondent's Counsel
2018Local Field Office- Region 6 Akerman LLP
2025Agency for Health Care Administration 106 E. College A venue, Suite 1200
2037(Electronic Mail) Tallahassee, Florida 32301
2042(Electronic Mail )
2045Bernard Hudson, Unit Manager
2049Long Term Care Unit
2053Agency for Health Care Administration
2058(Electronic Mail)
2060STATE OF FLORIDA
2063AGENCY FOR HEALTH CARE ADMINISTRATION
2068Re: The Bridges Nursing and Rehabilitation, LLC ACHA No. 2016008295
2078d/b/a The Home Association
2082ELECTION OF RIGHTS
2085This Election of Rights form is attached to an Administrative Complaint. It may be returned
2100by mail or facsimile transmission, but must be received by the Agency Clerk within 21 days,
2116by 5:00 pm. Eastern Time, of the day you received the Administrative Complaint. If your
2131Election of Rights form or request for hearing is not received by the Agency Clerk within 21
2148days of the day you received the Administrative Complaint, you will have waived your right
2163to contest the proposed agency action and a Final Order will be issued imposing the sanction
2179alleged in the Administrative Complaint.
2184(Please use this fonn unless you, your attorney or your representative prefer to reply according to
2200Chapterl20, Florida Statutes, and Chapter 28, Florida Administrative Code.)
2209Please return your Election of Rights fonn to this address:
2219Agency for Health Care Administration
2224Attention: Agency Clerk
22272727 Mahan Drive, Mail Stop #3
2233Tallahassee, Florida 32308
2236Telephone: 850-412-3630 Facsimile: 850-921-0158
2240PLEASE SELECT ONLY 1 OF THESE 3 OPTIONS
2248OPTION ONE (1) I admit to the allegations offact and conclusions oflaw alleged
2261in the Administrative Complaint and waive my right to object and to have a hearing. 1
2277understand that by giving up the right to object and have a hearing, a Final Order will be issued
2296that adopts the allegations of fact and conclusions oflaw alleged in the Administrative Complaint
2310and imposes the sanction alleged in the Administrative Complaint.
2319OPTION TWO (2) I admit to the allegations of fact alleged in the Administrative
2333Complaint, but wish to be heard at an informal proceeding (pursuant to Section 120.57(2),
2347Florida Statutes) where I may submit testimony and written evidence to the Agency to show that
2363the proposed agency action is too severe or that the sanction should be reduced.
2377OPTION THREE (3) I dispute the allegations of fact alleged in the Administrative
2390Complaint and request a formal hearing (pursuant to Section 120.57(1), Florida Statutes) before
2403an Administrative Law Judge appointed by the Division of Administrative Hearings.
2414PLEASE NOTE: Choosing OPTION THREE (3), by itself, is NOT sufficient to obtain a
2428formal hearing. You also must file a written petition in order to obtain a formal hearing before
2445the Division of Administrative Hearings under Section 120.57(1 ), Florida Statutes. It must be
2459received by the Agency Clerk at the address above within 21 days of your receipt of this proposed
2477agency action. The request for fonnal hearing must confonn to the requirements of Rule 28-
24921 06.2015, Florida Administrative Code, which requires that it contain:
25021. The name, address, telephone number, and facsimile number (if any) of the Respondent.
25162. The name, address, telephone number and facsimile number of the attorney or qualified
2530representative of the Respondent (if any) upon whom service of pleadings and other papers shall
2545be made.
25473. A statement requesting an administrative hearing identifying those material facts that are in
2561dispute. Iftherc are none, the petition must so indicate.
25704. A statement ofwhen the respondent received notice of the administrative complaint.
25825. A statement including the file number to the administrative complaint.
2593Mediation under Section 120.573, Florida Statutes, may be available in this matter if the Agency
2608agrees.
2609Licensee Name:
2611Contact Person: Title:
2614Address:------------------------------
2615Number and Street City Zip Code
2621Telephone No.------------- Fax No.-------------
2625E-Mail (optional)------
2627I hereby certify that I am duly authorized to submit this Election of Rights fonn to the Agency for
2646Health Care Administration on behalf of the licensee referred to above.
2657Signed:------·----------- Date:--------
2659Printed Name:--------- _______ Title: ________ _
2665RICK SCOTT
2667GOVERNOR
2668JUSTIN M. SENIOR
2671SECRETARY
2672february 16, 20 17 CERTIFIED
2677SENOfAS RECORD
2679Warren Keene, Adminis1ralor File Numbl·r: 62936
2685Home The License Number; 12400962
26901203 E 22nd Ave Provider Type: Nurl'ing Home
2698Tampa. FL 33605
2701RE: Complaint Number 20170018241203 E 22nd Ave, T;ampa
2710Notice Of Intent To Deny for Renewal
2717It is the decision of this Agency that the Home Association renewal application for the Nursing Home
2734license be DENIED.
2737The Specific Basis for this determination is:
2744Due to Senior Care Group, Inc.'s from the Medicaid program of Oklahoma, and for failure to
2760timely pay quality assessment fines for a fourth or greater time. The stutulory references related to the
2777rt:'. voutti(ln action are the following: Srcrions 408.815( I )(e), 408.831 {i )(a), and 409.9082(7),
2792StaiUies (2016), and Rule 59G-6,010(4) & (5), Florida Administrative Code (2016).
2804EXPLANATION OF RIGHTS
2807Pursuant to Sec·tiun 120.569, F.S., you have the right to request an administrative hearing. In order to
2824obtain a formal procer::ding before rhe Division of Administrative Hearings under Section 120.57( 1), F.S.,
2839your request for an administrative hearing must conform to the requirements in Section 28-106.20 l,
2854Florida Administrative Code (F.A.C), and must state the material facts you dispute.
2866SEE ATTACHED ELECTION AND EXPLANATION OF RIGHTS FORMS.
2874If you have any questions or need further assistance, please call Kathleen Munn at (850} 412-4427 ore-
2891mail at
2893Long Term Care Unit
2897Agency for Health Care Administration
2902cc: Legal Intake Unit, MS# 3
29082727 Mahan Drive MS#33 Facebook.com/AHCAFiorida Youtube.com/AHCAFiorlda
2915Tallahassee, FL 32308 EXHIBIT 2 Twitter.com/AHCA_FL
2921AHCA.MyFiorlda.com SlldeShare.net/AHCAFiorida
2923Horne
292416,2017
2926STATE OF FLORIDA
2929AGENCY .FOR HEALTH CARE ADJ\ NISTRATION
2934RE: Homt-' Assnciulinn, The
2938Number: 2017001824
2940.ELECTION OF RIGHTS
2943This l:.h:ction of form is Hltadu:>d to a proposed Notice of Intent to Deern Incomplete and Withdraw from
2961Further Review of the for Health Care Administration fAHCAJ. The title may be Notice of Intent to
2978Deem lm:oml>lt·tc and Withdraw from .Furthn RL\\i(w or some other notice of action by AHCA.
2993An Election of must he returned by mail or by fax within 21 duys of the da\\' you receive the attached
3014Notice of Intent to Deem lncomplell' and Withdraw from Furthl'r Review or any other proposed action IJ)'
3031AHCA.
3032Jf an Eh.·ctinn of Rights with your selected option is not ncth·cd by AHC A within twenty-one (21) days from
3052the date you received this notice of proposed you will have given up your right to contest the Agc-ncy'.o,
3071action and a final order be isstu:d.
3078(PI<_·;n reply="" usji1!!="" you,="" yom="" youj="" prcft:r="">
3079ac.-ording to and Rul(; n. Florida Admini:Matin: Code.)
3087Agency for Health Care Administration
3092Allention: Agency Clerk
30952727 Mahan Drive, Mail Stop #3
3101Tallahassee, florida 32308
3104Phone: (850) 412-3630 Fax: (850) 921-0158
3110OPTION ONE (I) __ I admit to the allegations of facts and Jaw contained in the Notice of Intent to Deem
3131Incomplete and Withdraw from .Further or other notice of intended action by AHCA and I waive
3147my right to object and have a hearing. 1 understand that by giving up my right to a hearing. a final order will
3170be issued that the proposed agency action and imposes the proposed penalty, fine or action.
3185OPTJON TWO (2) __ I admit to the allegations of facts l'Ontained in the Notirl' of Intent to Deem
3204Incomplete and Withdra" from J
3209heard at an informal proceeding to Section I 20.57(2), Horidu where I may submit
3223testimony and written evidence to the Agency to show that the propoi.ed administmtive action is too severe or that
3242the fine should be
3246OPTION THREE (3) __ I dispute the allegations of fact contained in the Notice of Intent to Deem
3264lncomplcf( and \\\\'ithdraw from Further Rcl-'iew or other proposed action by AHCA, and I request a
3280formal hearing lpunuant to Section 120.:)7( 1). Florida Statutes} before an Administrative Law Judge appointed
3295by the Division of Administrative Hearing:-;.
3302Home Association. The
3305February 16. 20 J 7
3310Page #2
3312PLEASE NOTE: Choosing OPTION THREE 0), by itself, is NOT sufficient tu obtain a formal hearing.
3328You also must file a written petition in onkr In ohtain a formul hearinp. heforL' the of Administrative
3346llearings unun Suhscction 120.57( I). Florid;\\ Stillutes. It must he received hy the Ag.;ncy Clerk at the
3365ahO\\e within 21 nf receipt of lhi..; proposeJ udministrative action. The request for formul hearing must
3381conform to the rcquircmems of Rule 28-I06.20l, FJoriJa Administrative Code, which that it contain:
3395I. The name anJ <..hjdress of="" tach="" agency="" affected="" and="" each="" agency's="" file="" or="" identification="" number.="">
3399known;
34002. Your name, address, and telephonL' number, and the rwmc, address, and telephone number or your
3416reprt!selllntive or lawyer. if any:
3421An explana!ion of how your 'itlbstantinl interests will he affected hy the Agency's proposed
3435action;
34364. A statement of when amJ how you recci ved notir:c of the Agency's proposed action;
34525. A stakl1ll!l1t of all disputed issues of nwterial fal.'t. If there nrc none, you must state rhat there are
3472none:
3473fJ. A concise statement of the ultimate facts
3481reversal or modification nf the Agency's proposed action;
34897. A statement of the rules or statutes you claim rcyuire rcwrsal or nlodification of
3504Agency's proposed act ion; and
3509g. A sl
3521with respect to its proposed action. 3527t :-.'kdiat ion undtr Sect inn l20 .. "i7J, Florida Statutes, nu y he 11 v;!i lahk in 1 his matter if the Agency agrees. l 3554Type: Nursing Horne License Number: 12400962 3560Licensee Name: Home A!-.!'ociation, The 3565Contact Person: 3567Name Tirlc 3569/ I ,r : ' I 3576City 3577Telephone Nhr.: Fax Nbr.: 3581I herehy that I am duly authorized to :-.ubmit this Notice of Election of Rights 10 the Agt!ncy lor Health 3601Care Administration on behalf of the referred to above. 3610Signed.:..:------------------ Date: 3612Prinl :lc·: 3614AGENCY HEALTH CARE ADMINISTRATION 3618STATE OF FLORIDA, AGENCY FOR 3623HEAL TII CARE ADM1NIS1RATION, 3627Petitioner, 3628v. AHCA Nos.: 2016008295 36322020012273 3633THE BRIDGES NURSING AND 3637REHABILITATION, LLC dlb/a THE HOME Lice.nse No.: 12400962 3645ASSOCIATION, 3646File No.: 62936 3649Respondent. 3650TilE BRIDGES NURSING AND 3654REHABILITATION, LLC d/b/a Tim HOl\E 3659ASSOCIATION, 3660Petitioner, 3661v. AHCA No.: 2017001824 3665STATE OF FLORIDA, AGENCY FOR 3670HEALTH CARE ADMINISTRATION, 3673Respondent 3674SETTLEM};NT AGREEMENT 3677State of Florida, Agency for Health Care Administration ("the Agency"). and The Bridges 3692Nursing and Rehabilitation, LLC dlbla The Home Association ( .. the Home Association"), pursuant 3707to Section 120.57(4), Florida Statutes, enter into this Settlement Agreement ("Agreement") and 3721agree as follows: 3724WHEREAS, the Horne Association is a Killed nursing facility, commonly referred to as 3737a nursing home, was licensed pursuant to Chapter 408, Part ill and Chapter 400, Part IL Florida 3754Statutes, and Chapter 59A-4, Florida Administrative Code; and 3762EX:HJBil" 3 3764WHEREAS, the Agency has jurisdiction by virtue of being the licensing and reguJatocy 3777authority over the Home Association; and 3783WHEREAS, the Agency issued an Administrative Complaint (AHCA #2016008295) 3792alleging two (2) licensure violations on September 13, 2016. The first violation aHeged was that 3807the Home Association had been assessed Quality Assessment Fees, but had not been making timely 3822payments starting in APril of 2015 and continued for more than four successive payments. The 3837second v.iolation alleged was that the Home Association's one hundred percent (100%) contro1ling 3850interest, Senior Care Group, Inc. was the one hundred percent (1 00%) controlling interest of an 3866entity that was terminated from the Medicaid pmgram of another state. The Agency sought to 3881revoke the Home Associations license to operate ll skilled nursing facility due to the two allege
3897licensure violations; and 3900WHEREAS, The Home Association has continued to timely submit renewal applications 3911to renew its license to operate a nursing home facility; and 3922WHEREAS, the Agency subsequently sent the Home Association a Notice of Intent to 3935Deny for Renewal ("NOI,.) letter (ABCA #2017001824) on February 16, 2017 based on the 3951allegation that its controlling interest Senior Care Group, Inc. had been the controlling interest of 3966an entity that was terminated for cause from the Medicaid pl'Ogt'8nt. of Oklahoma, and had failed 3982to timely pay quality assessment fmes for a fourth or greater time; and 3995WHEREAS, the Agency conducted a life safety equipment survey on or about November 40087, 2018 and is prepared to issue an AdministratiVe Complaint (AHCA #2020012273) alleging 4021three (3) uncorrected Class ill violations in the areas of Sprinkler System - Maintenance and 4036Testing, Corridor- Doors, and Communicating openings in dividing fire barriers. AJ! together, the 4049action could have resulted in the imposition of three thousand dollm ($3,000.00) in fines; and 4065Page2of8 4066requested li formal hearing for both tbe 4073administrative complaint and the NOJ letter by filing an election ofrights form and a petition for 4089a fOIIIllil hearing pursuant to § 120.57(1), Fla. Stat.; and 4099WHEREAS, the Home Association filed a petition for relief under Chapter 1l of the 4113Bankruptcy Code, pending in the Unjted States Bankruptcy Court for the Middle District of Florida 4128(the "Bankruptcy Com·es); and 4132WHEREAS, the Home Association has filed a Chapter 11 Plan of Reorganization 4144("Plan"), pursuant to which SeaCaost Elite Management, Znc. ("SeaCoast'') is providing financial 4159support for the Home Association, and is obtaining the right to designate the board members of 4175Senior Care GJ'oUp 1 such that the members of the Vaughan family shall have no control of Senim· 4193Carr:; Group or its the Association; 4199\\VHEREAS, the parties have agreed that a fair, efficient, and cost effective resolution of 4213this dispute would avoid the expenditure of substantial sums to litigate the dispute; and 4227WHEREAS, the patties stipulate to the adequacy of considerations exchanged; and 4238the parties have negotiated in good faith and agreed that the best interest of 4252all the parties will be served by a settlement of this prooeeding; and 4265NOW THEREFORE, in consideration of the mutual promises and recitals herein, the 4277parties intending to be legally bound, agree as follows: 42861. All recitals herein are true and correct and are expressly incorporated herein. 42992. All parties agree that the above ''whereas" clauses incorporated herein are binding 4312findings of the parties. 43163. Upon full execution of this Agreement, the Home Association agrees to waive any 4330and ali appeals and proceedings to which it may be entitled including, but not limited to, an 4347informal proceeding under Subsection 120.57(2), Florida Statutes, a formal proceeding under 4358Page3 oft! 4360Subsection 120.57(1), Florida Statutes, appeals under Section 120.68. Florida Statutes; and 4371declaratory and all writs of relief in any court or quasi-court of competent jurisdiction; and agrees 4387to waive compliance with the form of the Final Order (findings of fact: and conclusions of law) to 4405which it may be provided, however, that this agreement shall not be deemed a waiver by 4421either party of its right to judicial enforcement of this Agreement. 44324. Upon full execution of this Agreement, the Parties stipulate as follows: 444411. Upon entry of a Final Order of the Agency referenced in paragraph 7 below, the 4460Home Association agrees to pay the Agency the sum of one million 4472hundred seventy thousand seven hundred ninety-eight dollars and forty--eight 4481cents($! ,870,798.48) in full settlement of obligations to the Agency 4492on 4493bankruptcy Plan in the amount of one million dollars ($l,OOOJOOO.OO), and by 4506thereafter making quarterly payments of ninety thousand dollars ($9{),000.00) 4516until the Agency has received the sum total owed. 4525b. Upon the issuance of a Final Order a.doptillg this agreement the Agency shall 4539withdraw its revocation actions in its administrative complaint; and withdraw 4549its NOI letter. 4552c. Upon the issuance of a Final Order adopting this agreement, the Agency shall 4566promptly resume its review of the Home Association's two (2) renewal 4577applications. If the renewal applications are and in compliance of all 4588the requirements of Florida Statutes and Agency the license shall be 4599issued. If there are still any outstanding legal issues. the Agency shall promptly 4612notify the Provider of the issues. Nothing in this Agreement shall prohibit the 4625Agency from again denying the application based upon any statute or rule, and 4638Pfl2e4 of8 4640applicable, an unsatisfactory licensure survey, Should the application 4648denied, the Home Association shall afforded aU rights under Florida law to 4660contest the denial. 4663d. Nothing in this Agreement shall be interpreted as a derogation or expansion of 4677the Agency's licensure responsibilities law. No provision of this 4686Agreement shall be interpreted as a commitment by either party to enter into an 4700agreement for the transfer of the Home Association's licensure to a third party 4713or a commitment of the Agency to grant licensure or recommend certification 4725to any such change of ownership applicant. 4732e. The failure to comply this Agreement shaH constitute grounds for the 4744of s.ny fiJttnr 4747increase, or otherwise) filed by the Home Association or any change of 4759ownership applicant 4761f. A Federal bankruptcy court order confirming the Home Associations Plan, 4772with tenns consistent wi1h the financial treatment contained herein, and 4782approving this Agreement is a condition precedent to the entirety of paragraph 47944 ofthis Agreement Should this condition not be met, this Agreement becomes 4806null and void and tbe Agency's NOI and complaint prosecution actions shaH 4818proceed in due course, and the Home Association's election of rights will 4830preswne to stand, wjthout any waiver of i1s due process rights. 4841S. Vonue for any action brought to intetpret, enforce or chailenge the terms of this 4856Agreement and its corresponding Final Order shall lie solely in the Circuit Court of Florida, in and 4873for Leon County) Florida. 48776. By executing this Agreement, the Home Association does not admit the facts and 4891PageS of8 4893legal conclusions raised in the administrative complaints and the NOI referenced and the 4906Agency asserts the validity thereof. The Agency is not precluded from using the subject events for 4922any puipose within the jurisdiction of the Agency other than the actions aJready sought in the 4938administrative complaint and NOL Further, the Home Association acknowledges and agrees that 4950this Agreement shall not preclude or estop any other federal, state or local agency or office from 4967pursuing any cause of action or taking any action, even on or arising from, in whole or in 4985part 1 the facts raised in the administrative complaint or NOL 49967. Upon full execution of this Agreement, the Agency shall enter a Final Order 5010adopting and incorporating the terms of this Agreement and closing the above-styled case. 50238. Each party shall bear its o·wn costs and attorney's 50339. OJ 5035successors, transferees, attorneys, heil's, and executors or administrators, discharges the State of 5047Florida, Agency for Health Care Administration, and its agents, representatives, and attorneys, of 5060and ft"Om all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of 5076any and every nature whatsoever, arising out of or in any way related to this matter and the 5094Agency's actions, including, but not limited to, any claims that were or may be asserted in any 5111federaJ or state court or administrative forum, including any claims arising out of this agreement. 5126by or on behalf of the Home Association or its related or resulting organizations. 514010. This Agreement is binding upon all parties and those persons and entities that are 5155identified in the above paragraph. 516011. · In the event that the Home Association was a Medicaid provider at the time of the 5178occurrences alleged in the administrative complaint and NOI letter, this Agreement does not 5191prevent the Agency from seeking Medicaid ove.tpayments not inctuded in the original charging 5204documents related to the subject issues or from imposing any further sanctiol18 pursuant to Rule 5219Page6 of8 5221590-9.070, Florida Administrative Code. l11is Agreement does not settle any pending or potential 5234Federal agaiMt Agreement not the Agency from 5241taking any action regarding the Home Association' Medicaid provider status, conditions) 5252requirements or contract, if appLicable. 525712. The Home Association agrees that if any funds to be paid under this Agreement tn 5273the Agency are not timely paid as set forth in this Agreement 1 the Agency may dednct the amounts 5292assessed against the Home Association in the Final Order, or any portion thereof, owed by the 5308Home Association to the Agency from any present o1· futut-e fund.s owed to the Home Association 5324by the Agency, and that the Agency shaH bold a lien against present and future funds owed to the 5343Home Association by the Agency said amounts until paid. 5352understand thir-; llllthority 5355to bind their respective principals to it The Home Association, through its representatives, has the 5370legal capacity to execute this Agreement The Home Association understands that it has the right 5385to consult with jts own independent oounseJ and has knowingly and freely entered into this 5400Agreement The Home Association understands that Agency counsel repl'esents only the Agency 5412and that Agency counsel has not provlded any legal advice to, or the Home 5426Association, or its representatives in their decision to enter into this Agreement 543814. This Agreement contains the entire understandings and agreements of the parties. 5450This Agreement supersedes any prior oral or written agreements between the parties. This 5463Agreement may not be amended except in writing. Any attempted assignment of this Agreement 5477shall be void. 548015. All parties agree that a facsimile signatrue suffices for an original signature. 549316. The following representatives acknowledge that they are duly authorized to enter 5505into this Agreement. 5508Page7of8 5509' .. 'Tl, Ik.nu A. 5514ll.[ t20i F 22ud Av nu 5520J k 5523'/'. " 5524se. 5525Jffice ofthe f'Jellcral ('.ounse 5529Agency for Health C.are Adm · ntslratir 55362717 1\\ia.han Drivf., MS #7 5541lttllaha · florida, 32' 0
- Date
- Proceedings
- Date: 08/16/2017
- Proceedings: Agency Final Order filed.
- Date: 08/16/2017
- Proceedings: Agency Final Order filed.
- Date: 08/16/2017
- Proceedings: Agency Final Order filed.
- Date: 07/27/2017
- Proceedings: CASE STATUS: Pre-Hearing Conference Held.
- PDF:
- Date: 07/19/2017
- Proceedings: Senior Care Group's Response to Agency's First Request for Admissions filed.
- PDF:
- Date: 06/22/2017
- Proceedings: Notice of Service of Senior Care Group's First Set of Interrogatories to Agency for Health Care Administration filed.
- PDF:
- Date: 06/22/2017
- Proceedings: Senior Care Group's First Request for Production to Agency for Health Care Administration filed.
- PDF:
- Date: 06/19/2017
- Proceedings: Agency's First Request for Production to Senior Care Group, Inc. filed.
- PDF:
- Date: 06/19/2017
- Proceedings: Agency's Notice of Propounding First Set of Interrogatories filed.
- PDF:
- Date: 05/03/2017
- Proceedings: Amended Notice of Hearing (hearing set for July 28, 2017; 9:00 a.m.; Tallahassee, FL; amended as to hearing date).
- PDF:
- Date: 04/18/2017
- Proceedings: Order Denying Motion to Strike Petition for Formal Hearing and for a More Definite Statement in Part.
- PDF:
- Date: 04/17/2017
- Proceedings: Senior Cares' Response in Opposition to Motion to Strike Petition for Formal Hearing in Part and for a More Definitive Statement in Part filed.
- PDF:
- Date: 04/13/2017
- Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for July 19, 2017; 9:00 a.m.; Tallahassee, FL).
- PDF:
- Date: 04/12/2017
- Proceedings: Notice of Hearing (hearing set for May 18, 2017; 9:00 a.m.; Tallahassee, FL).
- PDF:
- Date: 04/10/2017
- Proceedings: (Agency's) Motion to Strike Petition for Formal Hearing in Part and for a More Definitive Statement in Part filed.
- PDF:
- Date: 04/06/2017
- Proceedings: Order of Consolidation (DOAH Case Nos. 17-1917, 17-1918, 17-1919, 17-1920, 17-1921, 17-1922, 17-1923).
Case Information
- Judge:
- MARY LI CREASY
- Date Filed:
- 03/28/2017
- Date Assignment:
- 04/06/2017
- Last Docket Entry:
- 12/02/2020
- Location:
- Tallahassee, Florida
- District:
- Northern
- Agency:
- Other
Counsels
-
Steven Alfons Grigas, Esquire
Akerman, LLP
Suite 1200
106 East College Avenue
Tallahassee, FL 32301
(850) 224-9634 -
Thomas A. Range, Esquire
Akerman LLP
Suite 1200
106 East College Avenue
Tallahassee, FL 32301
(850) 224-9634 -
Andrew Beau-James Thornquest, Esquire
Agency for Health Care Administration
Office of the General Counsel
525 Mirror Lake Drive, North
St. Petersburg, FL 33701
(727) 552-1942 -
Steven Alfons Grigas, Esquire
Address of Record -
Thomas A. Range, Esquire
Address of Record -
Andrew Beau-James Thornquest, Esquire
Address of Record