17-005207
Faith In Home Companionship Services, Llc vs.
Agency For Health Care Administration
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 3, 2017.
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 3, 2017.
1the applicable authorizing statutes and administrative code provisions. The Petitioner is notified that the
15cancellation of an Agency license may have ramifications potentially affecting accrediting, third party
28billing including but not limited to the Florida Medicaid program, and private contracts.
41ORDERED at Tallahassee, Florida, on this 20th day of _ 2017.
52Agency for Health Care Administration
57NOTICE OF RIGHT TO JUDICIAL REVIEW
63A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted
82by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with
103filing fee as prescribed by law, with the District Court of Appeal in the appellate district where the Agency
122maintains its headquarters or where a party resides. Review of proceedings shall be conducted in
137accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of
154rendition of the order to be reviewed.
161CERTIFICATE OF SERVICE
164I CERTIFY that a true and correct sgp.y of this Final was served on the below-named
180persons by the method designated on this of /};6V.Lvh./ , 2017.
191Richard J. Shoop, Agency Clerk
196Agency for Health Care Administration
2012727 Mahan Drive, Mail Stop 3
207Tallahassee, Florida 32308
210Telephone: (850) 412-3630
213Facilities Intake Unit Bernard E. Hudson, Unit Manager
221Agency for Health Care Administration Licensure Unit
228(Electronic Mail) Agency for Health Care Administration
235(Electronic Mail)
237Katrina Derico-Harris Pat Caufman, Field Office Manager
244Medicaid Accounts Receivable Local Field Office
250Agency for Health Care Administration Agency for Health Care Administration
260(Electronic Mail) (Electronic Mail)
264Shawn McCauley Nicole M. Barrera, Assistant General Counsel
272Medicaid Contract Management Office of the General Counsel
280Agency for Health Care Administration Agency for Health Care Administration
290(Electronic Mail) (Electronic Mail)
294Debbie Denise Benjamin, Administrator
298Faith In Home Companionship Services, L.L.C.
304109 East Viola Street
308A von Park, Florida
312(U.S. Mail)
314NOTICE OF FLORIDA LAW
318408.804 License required; display.--
322(1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers
340or provides services that require licensure, without first obtaining from the agency a license authorizing
355the provision of such services or the operation or maintenance of such provider.
368(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address
387that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not
410be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the
426licensee, provider, and location for which the license is issued.
436408.812 Unlicensed activity.--
439(I) A person or entity may not offer or advertise services that require licensure as defined by this part,
458authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency.
474A licenseholder may not advertise or hold out to the public that he or she holds a license for other than
495that for which he or she actually holds the license.
505(2) The operation or maintenance of an unlicensed provider or the performance of any services that require
522licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed activity
537constitutes harm that materially affects the health, safety, and welfare of clients. The agency or any state
554attorney may, in addition to other remedies provided in this part, bring an action for an injunction to
572restrain such violation, or to enjoin the future operation or maintenance of the unlicensed provider or the
589performance of any services in violation of this part and authorizing statutes, until compliance with this
605part, authorizing statutes, and agency rules has been demonstrated to the satisfaction of the agency.
620(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after
639receiving notification from the agency, such person or entity fails to cease operation and apply for a license
657under this part and authorizing statutes, the person or entity shall be subject to penalties as prescribed by
675authorizing statutes and applicable rules. Each day of continued operation is a separate offense.
689( 4) Any person or entity that fails to cease operation after agency notification may be fined $1,000 for
709each day of noncompliance.
713(5) When a controlling interest or licensee has an interest in more than one provider and fails to license a
733provider rendering services that require licensure, the agency may revoke all licenses and impose actions
748under s. 408.814 and a fine of $1,000 per day, unless otherwise specified by authorizing statutes, against
766each licensee until such time as the appropriate license is obtained for the unlicensed operation.
781(6) In addition to granting injunctive relief pursuant to subsection (2), if the agency determines that a
798person or entity is operating or maintaining a without provider obtaining a license and determines that a
815condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person
835or entity is subject to the same actions and fines imposed against a licensee as specified in this part,
854authorizing statutes, and agency rules.
859(7) Any person aware of the operation of an unlicensed provider must report that provider to the agency.
Case Information
- Judge:
- JOHN D. C. NEWTON, II
- Date Filed:
- 09/20/2017
- Date Assignment:
- 09/21/2017
- Last Docket Entry:
- 12/01/2017
- Location:
- Avon Park, Florida
- District:
- Middle
- Agency:
- Other
Counsels
-
Nicole M. Barrera, Esquire
Address of Record -
Debbie Benjamin
Address of Record