19-002546 Agency For Health Care Administration vs. Flora Alf, Inc., D/B/A Flora Alf
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 26, 2019.


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1ORDERED at Tallahassee, Florida, on this_:;-___ day of '2019.

11Agency for Health Care Administration

16NOTICE OF RIGHT TO JUDICIAL REVIEW

22A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted

41by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with

62filing fee as prescribed by law, with the District Court of Appeal in the appellate district where the Agency

81maintains its headquarters or where a party resides. Review of proceedings shall be conducted in

96accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of

113rendition of the order to be reviewed.

120CERTIFICATE OF SERVICE

123I CERTIFY that a true and of this Final served on the below-named

136persons by the method designated on this --r-/1 4 r b , 2019.

148t"N-I--'oi't'17oop, Agen y'Clerk

152Agency for Health Care Administration

1572727 Mahan Drive, Mail Stop 3

163Tallahassee, Florida 32308

166Telephone: (850) 412-3630

169Facilities Intake Unit Keisha Woods, Unit Manager

176Agency for Health Care Administration Licensure Unit

183(Electronic Mail) Agency for Health Care Administration

190(Electronic Mail)

192Central Intake Unit Arlene Mayo-Davis, Field Office Manager

200Agency for Health Care Administration Local Field Office

208(Electronic Mail) Agency for Health Care Administration

215(Electronic Mail)

217Katrina Derico-Harris Diana M. Giraldo, Senior Attorney

224Medicaid Accounts Receivable Office of the General Counsel

232Agency for Health Care Administration Agency for Health Care Administration

242(Electronic Mail) (Electronic Mail)

246Deborah Warfel Vidal Marino V elis, Esquire

253Bureau of Medicaid Fiscal Agency Operations V elis & Associates, P .A.

265Agency for Health Care Administration 7161 Taft Street

273(Electronic Mail) Hollywood, FL 33024

278(U.S. Mail)

280Division of Administrative Hearings

284(Electronic Mail)

286NOTICE OF FLORIDA LAW

290408.804 License required; display.--

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

313or provides services that require licensure, without first obtaining from the agency a license authorizing

328the provision of such services or the operation or maintenance of such provider.

341(2) A license must be in displayed a conspicuous place readily visible to clients who enter at the address

360that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not

383be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the

399licensee, provider, and location for which the license is issued.

409408.812 Unlicensed activity.--

412(1) A person or entity may not offer or advertise services that require licensure as defined by this part,

431authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency.

447A licenseholder may not advertise or hold out to the public that he or she holds a license for other than

468that for which he or she actually holds the license.

478(2) The operation or maintenance of an unlicensed provider or the performance of any services that require

495licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed activity

510constitutes harm that materially affects the health, safety, and welfare of clients. The agency or any state

527attorney may, in addition to other remedies provided in this part, bring an action for an injunction to

545restrain such violation, or to enjoin the future operation or maintenance of the unlicensed provider or the

562performance of any services in violation of this part and authorizing statutes, until compliance with this

578part, authorizing statutes, and agency rules has been demonstrated to the satisfaction of the agency.

593(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after

612receiving notification from the agency, such person or entity fails to cease operation and apply for a license

630under this and part authorizing statutes, the person or entity shall be subject to penalties as prescribed by

648authorizing statutes and applicable rules. Each day of continued operation is a separate offense.

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

682each day of noncompliance.

686(5) When a controlling interest or licensee has an interest in more than one provider and fails to license a

706provider rendering services that require licensure, the agency may revoke all licenses and impose actions

721under s. 408.814 and a fine of $1,000 per day, unless otherwise specified by authorizing statutes, against

739each licensee until such time as the appropriate license is obtained for the unlicensed operation.

754(6) In addition to granting injunctive relief pursuant to subsection (2), if the agency determines that a

771person or entity is operating or maintaining a provider without obtaining a license and determines that a

788condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person

808or entity is subject to the same actions and fines imposed against a licensee as specified in this part,

827authorizing statutes, and agency rules.

832(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: 08/28/2019
Proceedings: Settlement Agreement filed.
PDF:
Date: 08/28/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 08/05/2019
Proceedings: Agency Final Order
PDF:
Date: 06/26/2019
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 06/25/2019
Proceedings: Joint Motion to Relinquish Jurdiction filed.
PDF:
Date: 05/29/2019
Proceedings: Notice of Hearing (hearing set for September 4 and 5, 2019; 9:00 a.m.; Miami, FL).
PDF:
Date: 05/29/2019
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 05/23/2019
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 05/17/2019
Proceedings: Initial Order.
PDF:
Date: 05/16/2019
Proceedings: Response to Administrative Complaint and Request for Hearing filed.
PDF:
Date: 05/16/2019
Proceedings: Administrative Complaint filed.
PDF:
Date: 05/16/2019
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
ROBERT S. COHEN
Date Filed:
05/16/2019
Date Assignment:
05/22/2019
Last Docket Entry:
08/28/2019
Location:
Miami, Florida
District:
Southern
Agency:
Other
 

Counsels

Related Florida Statute(s) (3):