18-002478 Adiuvo, Llc vs. Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 5, 2018.


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13. The Provider's assisted living facility license is revoked effective December 16, 2017.

144. The Provider shall remain responsible for retaining and appropriately distributing client

26records as prescribed by Florida law. The Provider is advised of Section 408.810, Florida Statutes. The

42Provider should also consult the applicable authorizing statutes and administrative code provisions as well

56as any other statute that may apply to health care practitioners regarding client records.

705. The Provider is given notice of Florida law regarding unlicensed activity. The Provider is

85advised of Section 408.804 and Section 408.812, Florida Statutes. The Provider should also consult the

100applicable authorizing statutes and administrative code provisions. The Provider is notified that the

113cancellation of an Agency license may have ramifications potentially affecting accrediting, third party

126billing including but not limited to the Florida Medicaid program, and private contracts.

139ORDERED at Tallahassee, Florida, on this lit> ill day 2018.

149NOTICE OF RIGHT TO JUDICIAL REVIEW

155A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted

174by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with

195filing fee as prescribed by law, with the District Court of Appeal in the appellate district where the Agency

214maintains its headquarters or where a party resides. Review of proceedings shall be conducted in

229accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of

246rendition of the order to be reviewed.

253CERTIFICATE OF SERVICE

256I CERTIFY that a true and correct Final Order was served on the below-named

270persons by the method designated on this&_ day of lf;._._

281./

282oop, Agency Clerk

285Agency for Health Care Administration

2902727 Mahan Drive, Mail Stop 3

296Tallahassee, Florida 32308

299Telephone: (850) 412-3630

302Facilities Intake Unit Keisha Woods, Unit Manager

309Agency for Health Care Administration Licensure Unit

316(Electronic Mail) Agency for Health Care Administration

323(Electronic Mail)

325Katrina Derico-Harris Arlene Mayo Davis, Field Office Manager

333Medicaid Accounts Receivable Local Field Office

339Agency for Health Care Administration Agency for Health Care Administration

349(Electronic Mail) (Electronic Mail)

353Shawn McCauley Verlande Exil, ALF Supervisor

359Medicaid Contract Management Local Field Office

365Agency for Health Care Administration Agency for Health Care Administration

375(Electronic Mail) (Electronic Mail)

379Hon. John G. Van Laningham Raphael Ortega, Senior Attorney

388Administrative Law Judge Office of the General Counsel

396Division of Administrative Hearings Agency for Health Care Administration

405(Electronic Filing) (Electronic Mail)

409Frank Mena Bruce Lamb, Esq.

414Authorized Representative Gunster

417Adiuvo, LLC 401 East Jackson Street, Suite 2500

4251621 Collins A venue Tampa, FL 33602

432Miami Beach, FL 33139 (U.S. Mail)

438(U.S. Mail)

440NOTICE OF FLORIDA LAW

444408.804 License required; display.--

448( 1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers

467or provides services that require licensure, without first obtaining from the agency a license authorizing

482the provision of such services or the operation or maintenance of such provider.

495(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address

514that appears on the license and is valid only in the hands ofthe licensee to whom it is issued and may not

536be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the

552licensee, provider, and location for which the license is issued.

562408.812 Unlicensed activity.--

565(1) A person or entity may not offer or advertise services that require licensure as defined by this part,

584authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency.

600A licenseholder may not advertise or hold out to the public that he or she holds a license for other than

621that for which he or she actually holds the license.

631(2) The operation or maintenance of an unlicensed provider or the perfonnance of any services that require

648licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed activity

663constitutes harm that materially affects the health, safety, and welfare of clients. The agency or any state

680attorney may, in addition to other remedies provided in this part, bring an action for an injunction to

698restrain such violation, or to enjoin the future operation or maintenance of the unlicensed provider or the

715perfonnance of any services in violation of this part and authorizing statutes, until compliance with this

731part, authorizing statutes, and agency rules has been demonstrated to the satisfaction of the agency.

746(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after

765receiving notification from the agency, such person or entity fails to cease operation and apply for a license

783under this part and authorizing statutes, the person or entity shall be subject to penalties as prescribed by

801authorizing statutes and applicable rules. Each day of continued operation is a separate offense.

815( 4) Any person or entity that fails to cease operation after agency notification may be fined $1,000 for

835each day of noncompliance.

839(5) When a controlling interest or licensee has an interest in more than one provider and fails to license a

859provider rendering services that require licensure, the agency may revoke all licenses and impose actions

874under s. 408.814 and a fine of $1,000 per day, unless otherwise specified by authorizing statutes, against

892each licensee until such time as the appropriate license is obtained for the unlicensed operation.

907(6) In addition to granting injunctive relief pursuant to subsection (2), if the agency determines that a

924person or entity is operating or maintaining a provider without obtaining a license and determines that a

941condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person

961or entity is subject to the same actions and fines imposed against a licensee as specified in this part,

980authorizing statutes, and agency rules.

985(7) Any person aware of the operation of an unlicensed provider must report that provider to the agency.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 08/20/2018
Proceedings: Agency Final Order filed.
PDF:
Date: 08/20/2018
Proceedings: Settlement Agreement filed.
PDF:
Date: 08/16/2018
Proceedings: Agency Final Order
PDF:
Date: 06/05/2018
Proceedings: Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 06/05/2018
Proceedings: Motion to Relinquish Jurisdiction (filed in Case No. 18-002478).
PDF:
Date: 06/05/2018
Proceedings: Motion to Relinquish Jurisdiction filed.
PDF:
Date: 06/05/2018
Proceedings: Notice of Substitution of Counsel (filed in Case No. 18-002478).
PDF:
Date: 06/05/2018
Proceedings: Notice of Substitution of Counsel filed.
PDF:
Date: 05/22/2018
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 05/22/2018
Proceedings: Notice of Hearing (hearing set for July 17 through 19, 2018; 9:00 a.m.; Miami, FL).
PDF:
Date: 05/22/2018
Proceedings: Order of Consolidation (DOAH Case Nos. 18-2477, 18-2478).
PDF:
Date: 05/21/2018
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 05/15/2018
Proceedings: Notice of Substitution of Counsel (Bruce Lamb) filed.
PDF:
Date: 05/14/2018
Proceedings: Initial Order.
PDF:
Date: 05/11/2018
Proceedings: Election of Rights filed.
PDF:
Date: 05/11/2018
Proceedings: Notice of Intent to Deny Renewal Application filed.
PDF:
Date: 05/11/2018
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
JOHN G. VAN LANINGHAM
Date Filed:
05/11/2018
Date Assignment:
05/14/2018
Last Docket Entry:
08/20/2018
Location:
Miami, Florida
District:
Southern
Agency:
Other
 

Counsels

Related Florida Statute(s) (3):