19-003355 Agency For Health Care Administration vs. Rona's Retirement Home, Inc., D/B/A Rona's Retirement Home
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 22, 2019.


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1Rights Form (Ex. 1) and Administrative Complaint and Election of Rights Form (Ex. 2). The Agency

17also issued the attached Administrative Complaint and Election of Rights Form (Ex. 3) against Beverly

32Ramnarine, Individually, the Provider's controlling interest. The parties have since entered into the

45attached Settlement Agreement (Ex. 4), which is adopted and incorporated by reference.

572. The Provider's license renewal application is withdrawn and its assisted living facility

70license is surrendered effective September 30, 2019.

773. In accordance with Florida law, the Provider is responsible for retaining and appropriately

91distributing all client records within the timeframes prescribed in the authorizing statutes and applicable

105administrative code provisions. The Provider is advised of Section 408.810, Florida Statutes.

1174. In accordance with Florida law, the Provider is responsible for any refunds that may have

133to be made to the clients.

1395. The Provider is given notice of Florida law regarding unlicensed activity. The Provider is

154advised of Section 408.804 and Section 408.812, Florida Statutes. The Provider should also consult the

169applicable authorizing statutes and administrative code provisions. The Provider is notified that the

182cancellation of an Agency license may have ramifications potentially affecting accrediting, third party

195billing including but not limited to the Florida Medicaid program, and private contracts.

2086. An administrative fine $104,500.00 is imposed on the Provider, and a fine of$101,000.00

224is imposed on Beverly Ramnarine, individually but is STAYED and shall be held in abeyance in

240accordance with the terms of the Agreement.

2477. The Parties shall comply with the remaining terms of the Agreement.

259ORDERED at Tallahassee, Florida, on this _!j.__ day of '2019.

269Agency for Health Care Administration

274NOTICE OF RIGHT TO JUDICIAL REVIEW

280A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted

299by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with

320filing fee as prescribed by law, with the District Court of Appeal in the appellate district where the Agency

339maintains its headquarters or where a party resides. Review of proceedings shall be conducted in

354accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of

371rendition of the order to be reviewed.

378CERTIFICATE OF SERVICE

381I CERTIFY that a true and of this Final Order was served on the below-named

396persons by the method designated on this ay of , 2019.

406Richard J. S oop, Agency Clerk

412Agency for Health Care Administration

4172727 Mahan Drive, Mail Stop 3

423Tallahassee, Florida 32308

426Telephone: (850) 412-3630

429Facilities Intake Unit Keisha Wood, Unit Manager

436Agency for Health Care Administration Licensure Unit

443(Electronic Mail) Agency for Health Care Administration

450(Electronic Mai!l

452Central Intake Unit Arlene Mayo-Davis, Field Office Manager

460Agency for Health Care Administration Local Field Office

468(Electronic Mail) Agency for Health Care Administration

475(Electronic Mail)

477Katrina Derico-Harris Gisela Iglesias, Assistant General Counsel

484Medicaid Accounts Receivable Office of the General Counsel

492Agency for Health Care Administration Agency for Health Care Administration

502(Electronic Mail) (Electronic Mail)

506Deborah Warfel Tom Buchan, Esquire

511Medicaid Contract Management JeffreyS. Howell, P.A.

517Agency for Health Care Administration Counsel for Rona's Retirement Home, Inc.,

528(Electronic Mail) d/b/a Rona's Retirement Home and

535Beverly Ramnarine, Individually

5382898-G Mahan Drive

541Tallahassee, Florida 32308

544(U.S. Mail)

546NOTICE OF FLORIDA LAW

550408.804 License required; display.--

554(1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers

572or provides services that require licensure, without first obtaining from the agency a license authorizing

587the provision of such services or the operation or maintenance of such provider.

600(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address

619that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not

642be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the

658licensee, provider, and location for which the license is issued.

668408.812 Unlicensed activity.--

671(1) A person or entity may not offer advertise or services that require licensure as defined by this part,

690authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency.

706A licenseholder may not advertise or hold out to the public that he or she holds a license for other than

727that for which he or she actually holds the license.

737(2) The operation or maintenance of an unlicensed provider or the performance of any services that require

754licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed activity

769constitutes harm that materially affects the health, safety, and welfare of clients. The agency or any state

786attorney may, in addition to other remedies provided in this part, bring an action for an injunction to

804restrain such violation, or to enjoin the future operation or maintenance of the unlicensed provider or the

821performance of any services in violation of this part and authorizing statutes, until compliance with this

837part, authorizing statutes, and agency rules has been demonstrated to the satisfaction of the agency.

852(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after

871receiving notification from the agency, such person or entity fails to cease operation and apply for a license

889under this part and authorizing statutes, the person or entity shall be subject to penalties as prescribed by

907authorizing statutes and applicable rules. Each day of continued operation is a separate offense.

921(4) Any person or entity that fails to cease operation after agency notification may be fined $1,000 for

940each day of noncompliance.

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

965provider rendering services that require licensure, the agency may revoke all licenses and impose actions

980under s. 408.814 and a fine of $1,000 per day, unless otherwise specified by authorizing statutes, against

998each licensee until such time as the appropriate license is obtained for the unlicensed operation.

1013(6) In addition to granting injunctive relief pursuant to subsection (2), if the agency determines that a

1030person or entity is operating or maintaining a provider without obtaining a license and determines that a

1047condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person

1067or entity is subject to the same actions and fines imposed against a licensee as specified in this part,

1086authorizing statutes, and agency rules.

1091(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: 09/09/2019
Proceedings: Agency Final Order
PDF:
Date: 09/09/2019
Proceedings: Settlement Agreement filed.
PDF:
Date: 09/09/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 08/22/2019
Proceedings: Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 08/22/2019
Proceedings: Motion to Relinquish Jurisdiction (filed in Case No. 19-003733).
PDF:
Date: 08/22/2019
Proceedings: Motion to Relinquish Jurisdiction filed.
PDF:
Date: 08/13/2019
Proceedings: Motion to Relinquish Jurisdiction filed.
PDF:
Date: 08/13/2019
Proceedings: Notice of Service of Rona's Retirement Home's Response to AHCA's First Request for Admissions filed.
PDF:
Date: 07/18/2019
Proceedings: Amended Notice of Hearing (hearing set for September 16 through 18, 2019; 9:00 a.m.; Miami, FL; amended as to issue).
PDF:
Date: 07/18/2019
Proceedings: Notice of Transfer.
PDF:
Date: 07/18/2019
Proceedings: Order of Consolidation (DOAH Case Nos. 19-3733).
PDF:
Date: 07/18/2019
Proceedings: Joint Response to Initial Order and Motion for Consolidation (filed in Case No. 19-003427).
PDF:
Date: 07/18/2019
Proceedings: Joint Response to Initial Order and Motion for Consolidation filed.
PDF:
Date: 07/08/2019
Proceedings: Notice of Service of the Agencys First Request for Production of Documents, First Request for Admissions, and First Request for Answers to Interrogatories filed.
PDF:
Date: 06/27/2019
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 06/27/2019
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 06/27/2019
Proceedings: Notice of Hearing (hearing set for September 16 through 18, 2019; 9:00 a.m.; Miami, FL).
PDF:
Date: 06/27/2019
Proceedings: Order of Consolidation (DOAH Case Nos. 19-3355 and 19-3427).
PDF:
Date: 06/26/2019
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 06/20/2019
Proceedings: Initial Order.
PDF:
Date: 06/19/2019
Proceedings: Election of Rights filed.
PDF:
Date: 06/19/2019
Proceedings: Petition for Formal Administrative Proceeding filed.
PDF:
Date: 06/19/2019
Proceedings: Administrative Complaint filed.
PDF:
Date: 06/19/2019
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
DARREN A. SCHWARTZ
Date Filed:
06/19/2019
Date Assignment:
06/20/2019
Last Docket Entry:
09/09/2019
Location:
Miami, Florida
District:
Southern
Agency:
Other
 

Counsels

Related Florida Statute(s) (4):