17-006839
Agency For Health Care Administration vs.
Miracles House, Inc., D/B/A Amazing Wonders
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 5, 2018.
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 5, 2018.
1interest and may be referred to collections. A check made payable to the "Agency for Health Care
18Administration" and containing the AHCA ten-digit case number should be sent to:
30Central Intake Unit
33Agency for Health Care Administration
382727 Mahan Drive, Mail Stop 61
44Tallahassee, Florida 32308
479. In accordance with Florida law, the Respondent is responsible for retammg and
60appropriately distributing all client records within the timeframes prescribed in the authorizing statutes
73and applicable administrative code provisions. The Respondent is advised of Section 408.810, Florida
86Statutes.
8710. In accordance with Florida law, the Respondent is responsible for any refunds that may
102have to be made to the clients.
10911. The Respondent is given notice of Florida law regarding unlicensed actlvtty. The
122Respondent is advised of Section 408.804 and Section 408.812, Florida Statutes. The Respondent should
136also consult the applicable authorizing statutes and administrative code provisions. The Respondent is
149notified that the cancellation of an Agency license may have ramifications potentially affecting
162accrediting, third party billing including but not limited to the Florida Medicaid program, and private
177contracts.
178NOTICE OF RIGHT TO JUDICIAL REVIEW
184A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted
203by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with
224filing fee as prescribed by law, with the District Court of Appeal in the appellate district where the Agency
243maintains its headquarters or where a party resides. Review of proceedings shall be conducted in
258accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of
275rendition of the order to be reviewed.
282CERTIFICATE OF SERVICE
285I HEREBY CERTIFY that a true and corre.£.!a:>PL of the foregoing WjlS furnished to the below
301named persons by the method designated on this ;Zyt>-'(fily of '- / , 2022.
3147
315oop, Ag ncy Clerk
319Agency for Health Care Administration
3242727 Mahan Drive, Mail Stop 3
330Tallahassee, Florida 32308
333(850) 412-3630
335Facilities Intake Unit Central Intake Unit
341Agency for Health Care Administration Agency for Health Care Administration
351(Electronic Mail) (Electronic Mail)
355Keisha Woods, Unit Manager Arlene Mayo-Davis, Field Office Manager
364Assisted Living Unit Field Office 11
370Agency for Health Care Administration Agency for Health Care Administration
380(Electronic Mail) (Electronic Mail)
384Katrina Derico-Harris Teresita A. Vivo, Senior Attorney
391Medicaid Accounts Receivable Office of the General Counsel
399Agency for Health Care Administration Agency for Health Care Administration
409(Electronic Mail) (Electronic Mail)
413Medicaid Contract Management Adres Jackson- Whyte, Esquire
420Agency for Health Care Administration Jackson-Holmes, P.A.
427(Electronic Mail) Attorney for Respondent
43210735 NW 7th Avenue
436Miami, Florida 3 3168
440Awhyte _ esq@att.net
443(Electronic Mail)
445Division of Administrative Hearings
449The DeSoto Building
4521230Apalachee Parkway
454Tallahassee, Florida 32300-3060
457(Electronic Filing)
459NOTICE OF FLORIDA LAW
463408.804 License required; display.--
467(1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers
485or provides services that require licensure, without first obtaining from the agency a license authorizing
500the provision of such services or the operation or maintenance of such provider.
513(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address
532that appears on the license and is valid only in hands the of the licensee to whom it is issued and may not
555be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the
571licensee, provider, and location for which the license is issued.
581408.812 Unlicensed activity.--
584( 1) A person or entity may not offer or advertise services that require licensure as defined by this part,
604authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency.
620A licenseholder may not advertise or hold out to the public that he or she holds a license for other than
641that for which he or she actually holds the license.
651(2) The operation or maintenance of an unlicensed provider or the performance of any services that require
668licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed activity
683constitutes harm that materially affects the health, safety, and welfare of clients. The agency or any state
700attorney may, in addition to other remedies provided in this part, bring an action for an injunction to
718restrain such violation, or to enjoin the future operation or maintenance of the unlicensed provider or the
735performance of any services in violation of this part and authorizing statutes, until compliance with this
751part, authorizing statutes, and agency rules has been demonstrated to the satisfaction ofthe agency.
765(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after
784receiving notification from the agency, such person or entity fails to cease operation and apply for a license
802under this part and authorizing statutes, the person or entity shall be subject to penalties as prescribed by
820authorizing statutes and applicable rules. Each day of continued operation is a separate offense.
834( 4) Any person or entity that fails to cease operation after agency notification may be fined $1 ,000 for
854each day of noncompliance.
858(5) When a controlling interest or licensee has an interest in more than one provider and fails to license a
878provider rendering services that require licensure, the agency may revoke all licenses and impose actions
893under s. 408.814 and a fine of $1,000 per day, unless otherwise specified by authorizing statutes, against
911each licensee until such time as the appropriate license is obtained for the unlicensed operation.
926(6) In addition to granting injunctive relief pursuant to subsection (2), if the agency detennines that a
943person or entity is operating or maintaining a provider without obtaining a license and determines that a
960condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person
980or entity is subject to the same actions and fines imposed against a licensee as specified in this part,
999authorizing statutes, and agency rules.
1004(7) Any person aware of the operation of an unlicensed provider must report that provider to the agency.
- Date
- Proceedings
- PDF:
- Date: 04/06/2018
- Proceedings: Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits to Petitioner.
- Date: 04/04/2018
- Proceedings: Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 03/13/2018
- Proceedings: Order Denying Second Amended Motion to Dismiss for Failure to Comply with Order and Motion to Impose Sanctions.
- PDF:
- Date: 03/02/2018
- Proceedings: Second Motion to Dismiss for Failure to Comply with Order and Motion to Impose Sanctions filed.
- PDF:
- Date: 02/19/2018
- Proceedings: Amended Motion to Dismiss for Failure to Comply with Order and Motion to Impose Sanctions filed.
- PDF:
- Date: 02/19/2018
- Proceedings: Motion to Dismiss for Failure to Comply with Order and Motion to Impose Sanctions filed.
- PDF:
- Date: 02/14/2018
- Proceedings: Respondent Notice of Filing Response to Request for Admissions and Request for Production filed.
- PDF:
- Date: 01/29/2018
- Proceedings: Order on Motions (hearing reset for April 11 and 12, 2018; 9:00 a.m.; Miami and Tallahassee, FL).
- Date: 01/29/2018
- Proceedings: CASE STATUS: Motion Hearing Held.
- Date: 01/25/2018
- Proceedings: Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 01/23/2018
- Proceedings: Motion to Deem Matters Admitted and to Relinquish Jurisdiction filed.
- PDF:
- Date: 01/10/2018
- Proceedings: Notice of Taking Deposition Duces Tecum (Danilee Leclaire) filed.
- PDF:
- Date: 01/10/2018
- Proceedings: Notice of Taking Deposition Duces Tecum (Sir Thomas Green) filed.
- PDF:
- Date: 12/29/2017
- Proceedings: Notice of Hearing by Video Teleconference (hearing set for February 1 and 2, 2018; 9:00 a.m.; Miami and Tallahassee, FL).
- PDF:
- Date: 12/22/2017
- Proceedings: Notice of Service of Agency's First Set of Interrogatories, Request for Admissions and Request for Production of Documents to Respondent filed.
Case Information
- Judge:
- DARREN A. SCHWARTZ
- Date Filed:
- 12/19/2017
- Date Assignment:
- 12/20/2017
- Last Docket Entry:
- 01/26/2022
- Location:
- Miami, Florida
- District:
- Southern
- Agency:
- Other
Counsels
-
Thomas M. Hoeler, Esquire
Address of Record -
Adres Jackson-Whyte, Esquire
Address of Record -
Kim Annette Kellum, Esquire
Address of Record -
Antonio Lozada, Esquire
Address of Record -
Teresita A. Vivo, Esquire
Address of Record