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.


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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.

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PDF
Date
Proceedings
PDF:
Date: 12/01/2017
Proceedings: Agency Final Order filed.
PDF:
Date: 11/20/2017
Proceedings: Agency Final Order
PDF:
Date: 10/03/2017
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 09/28/2017
Proceedings: Stipulated Motion to Relinquish Jurisdiction filed.
PDF:
Date: 09/21/2017
Proceedings: Initial Order.
PDF:
Date: 09/20/2017
Proceedings: Election of Rights filed.
PDF:
Date: 09/20/2017
Proceedings: Amended Notice of Intent to Deny for Renewal filed.
PDF:
Date: 09/20/2017
Proceedings: Notice (of Agency referral) filed.

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

Related Florida Statute(s) (3):