19-002010 Agency For Health Care Administration vs. Genesis Adult Care, Inc., D/B/A Amor De Dios
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 28, 2019.


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1C

2STATE OF FLORIDA Ai - CA {

9AGENCY FOR HEALTH CARE ADMINISTRATION

142019 JUN 13 P 12: 58

20GENESIS ADULT CARE, INC.

24d/ b/ a AMOR DE DIOS,

30DOAH No. 19- 1916

34Petitioner, AHCA No. 2018018614

38V. Facility Type: ALF

42License No. 10069

45STATE, OF FLORIDA, AGENCY FOR RENDITION NO.: AHCA- 19, - o 52. 0 - S- OLC

61HEALTH CARE ADMINISTRATION,

64Respondent.

65STATE OF FLORIDA, AGENCY FOR

70HEALTH CARE ADMINISTRATION,

73DOAH Nos. 19- 1917

77Petitioner, 19- 2010

80V. AHCA Nos. 2018016616

842019002202

85GENESIS ADULT CARE, INC. Facility Type: ALF

92d/ b/ a AMOR DE DIOS, License No. 10069

101Respondent.

102LOVE OF PEACE, LLC,

106Petitioner, AHCA No. 2018015075

110Facility Type: ALF

113V. License No. 11940

117STATE OF FLORIDA, AGENCY FOR

122HEALTH CARE ADMINISTRATION,

125Respondent.

126STATE OF FLORIDA, AGENCY FOR

131HEALTH CARE ADMINISTRATION,

134AHCA Nos. 2019002554

137Petitioner, 2019002555

1392019002556

140v. Facility Type: ALF

144License No. 8807

147PRINCE OF PEACE ELDERLY CARE

152FACILITY, INC.,

154Respondent.

155________________________________/

156STATE OF FLORIDA, AGENCY FOR

161HEALTH CARE ADMINISTRATION, AHCA Nos. 2018016647

1672019002019

168Petitioner, 2018016640

170Facility Type: ALF

173v. License No. 11940

177LOVE OF PEACE, LLC,

181Respondent.

182FINAL ORDER

184THIS CAUSE came on for consideration before the Agency for Health Care Administration ("the

199Agency"), which finds and concludes as follows:

2071. The Agency issued the Genesis Adult Care, Inc. d/b/a/ Amor de Dios (hereinafter "Amor

222de Dios") the attached Notice of Intent to Deny [AHCA No. 2018018614] (Ex. 1), and Administrative

239Complaints [AHCA No. 2018016616] (Ex. 2), [AHCA No. 2019002202] (Ex. 3).

2502. The Agency issued the Love of Peace, LLC (hereinafter "Love of Peace"), the attached

266Notice oflntent to Deny [AHCA No. 2018006691] (Ex. 4).

2753. The Agency issued the Prince of Peace Elderly Care Facility, Inc. (hereinafter "Prince of

290Peace"), an Administrative Complaint [AHCA Nos. 2018016647' 2019002019 and 2018016640]. (Ex. 5)

3034. The parties have since entered into the attached Settlement Agreement. (Ex. 6)

3165. The Settlement Agreement is adopted and incorporated by reference into this Final Order.

330The parties shall comply with the terms of the Settlement Agreement.

3416. The Amor de Dios assisted living facility (License No. 1 0069) and the Love of Peace

358assisted living facility (License No. 11940) license renewal applications are withdrawn effective June 30,

3722019.

3737. The Administrative Complaints, AHCA Case numbers 2018016647, 2019002019, and

3832018016640, are withdrawn without prejudice.

3888. The provider, Prince of Peace, shall pay the Agency $2,250.00. If full payment has been

405made, the cancelled check acts as receipt of payment and no further payment is required. If full payment

423has not been made, payment is due on or before June 30, 2019. Overdue amounts are subject to statutory

442interest and may be referred to collections. A check made payable to the "Agency for Health Care

459Administration" and containing the AHCA ten-digit case number should be sent to:

471Central Intake Unit

474Agency for Health Care Administration

4792727 Mahan Drive, Mail Stop 61

485Tallahassee, Florida 32308

4889. The conditions against Amor de Dios, Love of Peace and Elvis Quintana, Individually,

502identified in paragraph 4 f i of the Settlement Agreement are imposed.

51410. Amor de Dios and Love of Peace are responsible for any refunds that may be due to any

533clients.

53411. Amor de Dios and Love of Peace shall remain responsible for retaining and appropriately

549distributing client records as prescribed by Florida law. Amor de Dios and the Love of Peace are advised

567of Section 408.810, Florida Statutes. Amor de Dios and the Love of Peace should also consult the

584applicable authorizing statutes and administrative code provisions as well as any other statute that may

599apply to health care practitioners regarding client records.

60712. Amor de Dios and Love of Peace are given notice of Florida law regarding unlicensed

623activity. Amor de Dios and the Love of Peace are advised of Section 408.804 and Section 408.812, Florida

641Statutes. Amor de Dios and the Love of Peace should also consult the applicable authorizing statutes and

658administrative code provisions.

661ORDERED in Tallahassee, Florida, on this7_2_ day of ___ ----- , ...... ),._.I.I'"-"A.'""'£_,___ _____ , 2019.

680Mary . Mayhew, Secretary

684Agency for Health Care Administration

689NOTICE OF RIGHT TO JUDICIAL REVIEW

695A party that is adversely affected by this Final Order is entitled to seek judicial review which shall be

714instituted by filing one copy of a notice of appeal with the agency clerk of AHCA, and a second copy,

734along with filing fee as prescribed by law, with the District Court of Appeal in the appellate district where

753the agency maintains its headquarters or where a party resides. Review of proceedings shall be conducted

769in accordance with the Florida appellate rules. The notice of appeal must be filed within 30 days of

787rendition of the order to be reviewed.

794CERTIFICATE OF SERVICE

797I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the below-

815named persons by the method designated on this , 2019.

824Richard J. Shoop, Agency Clerk

829Agency for Health Care Administration

8342727 Mahan Drive, Mail Stop 3

840Tallahassee, Florida 32308

843Telephone (850) 412-3630

846Facilities Intake Unit Keisha Woods, Unit Manager

853Agency for Health Care Administration Licensure Unit

860(Electronic Mail) Agency for Health Care Administration

867(Electronic Mail)

869Central Intake Unit Teresita A. Vivo, Senior Attorney

877Agency for Health Care Administration Office of the General Counsel

887(Electronic Mail) Agency for Health Care Administration

894(Electronic Mail)

896Katrina Derico-Harris Gisela Iglesias, Senior Attorney

902Medicaid Accounts Receivable Office of the General Counsel

910Agency for Health Care Administration Agency for Health Care Administration

920(Electronic Mail) (Electronic Mail)

924Shawn McCauley Elvis Quintana, Controlling Interest

930Medicaid Contract Management Genesis Adult Care, Inc., d/b/a Amore de Dios;

941Agency for Health Care Administration Love of Peace, LLC and Prince ofPeace Elderly

954(Electronic Mail) Care Facility, Inc.

959(U.S. Mail)

961Arlene Mayo-Davis, Field Office Manager Michael P. Gennett, Esquire

970Local Field Office Polsinelli

974Agency for Health Care Administration 1111 Brickel A venue, Suite 2800

985(Electronic Mail) Miami, FL 33131-3127

990michael. gennett@polsinelli. com

993(Electronic Mail)

995NOTICE OF FLORIDA LAW

999408.804 License required; display.--

1003(1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers

1021or provides services that require licensure, without first obtaining from the agency a license authorizing

1036the provision of such services or the operation or maintenance of such provider.

1049(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address

1068that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not

1091be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the

1107licensee, provider, and location for which the license is issued.

1117408.812 Unlicensed activity.--

1120( 1) A person or entity may not offer or advertise services that require licensure as defined by this part,

1140authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency. A

1157licenseholder may not advertise or hold out to the public that he or she holds a license for other than that

1178for which he or she actually holds the license.

1187(2) The operation or maintenance of an unlicensed provider or the performance of any services that

1203require licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed

1218activity constitutes harm that materially affects the health, safety, and welfare of clients. The agency or

1234any state attorney may, in addition to other remedies provided in this part, bring an action for an injunction

1253to restrain such violation, or to enjoin the future operation or maintenance of the unlicensed provider or

1270the performance of any services in violation of this part and authorizing statutes, until compliance with

1286this part, authorizing statutes, and agency rules has been demonstrated to the satisfaction of the agency.

1302(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after

1321receiving notification from the agency, such person or entity fails to cease operation and apply for a license

1339under this part and authorizing statutes, the person or entity shall be subject to penalties as prescribed by

1357authorizing statutes and applicable rules. Each day of continued operation is a separate offense.

1371( 4) Any person or entity that fails to cease operation after agency notification may be fined $1 ,000 for

1391each day of noncompliance.

1395(5) When a controlling interest or licensee has an interest in more than one provider and fails to license a

1415provider rendering services that require licensure, the agency may revoke all licenses and impose actions

1430under s. 408.814 and a fine of $1,000 per day, unless otherwise specified by authorizing statutes, against

1448each licensee until such time as the appropriate license is obtained for the unlicensed operation.

1463(6) In addition to granting injunctive relief pursuant to subsection (2), if the agency determines that a

1480person or entity is operating or maintaining a provider without obtaining a license and determines that a

1497condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person

1517or entity is subject to the same actions and fines imposed against a licensee as specified in this part,

1536authorizing statutes, and agency rules.

1541(7) Any person aware of the operation of an unlicensed provider must report that provider to the

1558agency.

1559i Nothing in this Agreement addresses or may be deemed to affect the licensure renewal application and proceedings for Prince of Peace

1581Elderly Care Facility, Inc. located at 13232 Northwest 9th Lane. Miami, Florida 33182, License number 8807. Nothing in this Agreement

1601limits or encumbers the Agency or Prince of Peace Elderly Care Facility, Inc. in the prosecution or defense of the licensure action pending

1624in Prince of Peace Elderly Care Facility. Inc. v. State of Florida. Agency for Health care Administration, Agency number 2019003935.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 06/25/2019
Proceedings: Settlement Agreement filed.
PDF:
Date: 06/25/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 06/13/2019
Proceedings: Agency Final Order
PDF:
Date: 05/28/2019
Proceedings: Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 05/28/2019
Proceedings: Motion to Relinquish Jurisdiction filed.
PDF:
Date: 04/19/2019
Proceedings: Notice of Hearing by Video Teleconference (hearing set for June 17, 18 and 21, 2019; 9:00 a.m.; Miami and Tallahassee, FL).
PDF:
Date: 04/19/2019
Proceedings: Order of Consolidation (DOAH Case Nos. 19-1916, 19-1917, 19-2010).
PDF:
Date: 04/18/2019
Proceedings: Motion for Consolidation and Joint Response to Initial Order filed.
PDF:
Date: 04/17/2019
Proceedings: Initial Order.
PDF:
Date: 04/16/2019
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 04/16/2019
Proceedings: Administrative Complaint filed.
PDF:
Date: 04/16/2019
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
ROBERT E. MEALE
Date Filed:
04/16/2019
Date Assignment:
04/17/2019
Last Docket Entry:
06/25/2019
Location:
Miami, Florida
District:
Southern
Agency:
Other
 

Counsels

Related Florida Statute(s) (4):