20-000558 Agency For Health Care Administration vs. Collins Companion Care, Llc
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 13, 2020.


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1FINAL ORDER

3THIS CAUSE came on for consideration before the Agency for Health Care Administration ("the

18Agency"), which finds and concludes as follows:

261. The Agency issued to Sumiko Collins ("Ms. Collins") the attached Amended Notice of

42Intent to Deny for Renewal Adult Family Care Home Application, Administrative Complaints and

55Election of Rights Fonns. (Ex. 1, Ex. 3 and Ex.4) The Agency issued Collins Companion Care, LLC

72("CCC") Administrative Complaints and Election of Rights forms. (Ex. 2 and Ex. 4) The parties have

90since entered into the attached Settlement Agreement (Ex. 5), which is adopted and incorporated by

105reference.

1062. The Amended Notice oflntent to Deny Renewal Application is withdrawn and the Agency

120shall resume the processing of the Ms. Collins's application to operate an adult family care home.

1363. The Agency's action seeking license revocation of Ms. Collins' adult family care home

150license (License number 6906921) is dismissed. In lieu of license revocation, Ms. Collins shall pay an

166administrative fine of twenty-three thousand two hundred dollars ($23,200.00) to the Agency within

180twelve (12) months from the issuance of this Final Order. If full payment has been made, the cancelled

198check acts as receipt of payment and no further payment is required. If full payment has not been made,

217payment is due within twelve (12) months of the Final Order. Overdue amounts are subject to statutory

234interest and may be referred to collections. A check made payable to the "Agency for Health Care

251Administration" and containing the AHCA ten-digit case number should be sent to:

263Central Intake Unit

266Agency for Health Care Administration

2712727 Mahan Drive, Mail Stop 61

277Tallahassee, Florida 32308

2804. The registration to operate a homemaker and companion service provider (Registration No.

293234589) held by CCC is surrendered. In accordance with Florida law, CCC is responsible for retaining

309and appropriately distributing all client records within the timeframes prescribed in the authorizing statutes

323and applicable administrative code provisions. CCC is advised of Section 408.810, Florida Statutes.

3365. The parties shall comply with all other terms of the Settlement Agreement, including the

351restriction on seeking and obtaining licensure set out in paragraph 4 of the Settlement Agreement.

366ORDERED at Tallahassee, Florida, on this day of ____Av 'iJ ) I-. , 2020.

379Agency for Health Care Administration

384NOTICE OF RIGHT TO JUDICIAL REVIEW

390A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted

409by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with

430filing fee as prescribed by law, with the District Court of Appeal in the appellate district where the Agency

449maintains its headquarters or where a party resides. Review of proceedings shall be conducted in

464accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of

481rendition ofthe order to be reviewed.

487CERTIFICATE OF SERVICE

490I CERTIFY that a true and correct_5.9py of this Final Order was served on the below-named

506persons by the method designated on this of 1-J t-::> , 2020.

517/

, 518Agency

519Agency for Health Care Administration

5242727 Mahan Drive, Mail Stop 3

530Tallahassee, Florida 32308

533Telephone: (850) 412-3630

536Facilities Intake Unit Keisha Wood, Unit Manager

543Agency for Health Care Administration Assisted Living Unit

551(Electronic Mail) Agency for Health Care Administration

558(Electronic Mail)

560Central Intake Unit Bernard Hudson, Unit Manager

567Agency for Health Care Administration Long Term Care Unit

576(Electronic Mail) Agency for Health Care Administration

583(Electronic Mail)

585Katrina Derico-Harris Theresa DeCanio, Field Office Manager

592Medicaid Accounts Receivable Local Field Office

598Agency for Health Care Administration Agency for Health Care Administration

608(Electronic Mail) (Electronic Mail)

612Nicholas Constantino Rawsi Williams, Esq.

617Medicaid Contract Management Counsel for Sumiko Collins and

625Agency for Health Care Administration Collins Companion Care, LLC

634(Electronic Mail) rawsi@rawsi.com; AJoseph@rawsi.com; and

639servi ce@rawsi. com

642(Electronic Mail)

644The Honorable John D. C. Newton, II Gisela Iglesias, Assistant General Counsel

656Administrative Law Judge Office of the General Counsel

664Division of Administrative Law Hearings Agency for Health Care Administration

674(Electronic Filing) (Electronic Mail)

678NOTICE OF FLORIDA LAW

682408.804 License required; display.--

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

705or provides services that require licensure, without first obtaining from the agency a license authorizing

720the provision of such services or the operation or maintenance of such provider.

733(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address

752that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not

775be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the

791licensee, provider, and location for which the license is issued.

801408.812 Unlicensed activity.--

804(1) A person or entity may not offer or advertise services that require licensure as defined by this part,

823authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency.

839A licenseholder may not advertise or hold out to the public that he or she holds a license for other than

860that for which he or she actually holds the license.

870(2) The operation or maintenance of an unlicensed provider or the performance of any services that require

887licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed activity

902constitutes harm that materially affects the health, safety, and welfare of clients. The agency or any state

919attorney may, in addition to other remedies provided in this part, bring an action for an injunction to

937restrain such violation, or to enjoin the future operation or maintenance of the unlicensed provider or the

954performance of any services in violation of this part and authorizing statutes, until compliance with this

970part, authorizing statutes, and agency rules has been demonstrated to the satisfaction of the agency.

985(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after

1004receiving notification from the agency, such person or entity fails to cease operation and apply for a license

1022under this part and authorizing statutes, the person or entity shall be subject to penalties as prescribed by

1040authorizing statutes and applicable rules. Each day of continued operation is a separate offense.

1054( 4) Any person or entity that fails to cease operation after agency notification may be fined $1,000 for

1074each day of noncompliance.

1078(5) When a controlling interest or licensee has an interest in more than one provider and fails to license a

1098provider rendering services that require licensure, the agency may revoke all licenses and impose actions

1113under s. 408.814 and a fine of$1,000 per day, unless otherwise specified by authorizing statutes, against

1130each licensee until such time as the appropriate license is obtained for the unlicensed operation.

1145( 6) In addition to granting injunctive relief pursuant to subsection (2), if the agency determines that a

1163person or entity is operating or maintaining a provider without obtaining a license and determines that a

1180condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person

1200or entity is subject to the same actions and fines imposed against a licensee as specified in this part,

1219authorizing statutes, and agency rules.

1224(7) Any person aware of the operation of an unlicensed provider must report that provider to agency. the

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 09/09/2020
Proceedings: Settlement Agreement filed.
PDF:
Date: 09/09/2020
Proceedings: Agency Final Order filed.
PDF:
Date: 08/06/2020
Proceedings: Agency Final Order
PDF:
Date: 07/23/2020
Proceedings: Transmittal letter from Claudia Llado forwarding Respondent's Exhibits to the agency.
PDF:
Date: 07/13/2020
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 07/13/2020
Proceedings: Joint Motion to Relinquish Jurisdiction Due to Pending Settlement filed.
PDF:
Date: 07/06/2020
Proceedings: Amended Notice of Hearing by Zoom Conference (hearing set for July 21 through 23, 2020; 9:00 a.m.; Tallahassee; amended as to ).
Date: 06/30/2020
Proceedings: Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Date: 06/29/2020
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 06/18/2020
Proceedings: Exhibit List filed.
PDF:
Date: 05/18/2020
Proceedings: Amended Certificate of Service for Notice of Appearance as Co-Counsel filed.
PDF:
Date: 05/14/2020
Proceedings: Notice of Appearance as Co-Counsel (Elizabeth Hathaway DeMarco) filed.
PDF:
Date: 05/14/2020
Proceedings: Notice of Appearance (Elizabeth Hathaway DeMarco) filed.
PDF:
Date: 05/05/2020
Proceedings: Collins' Notice of Serving Response to Agency's Second Set of Admissions (filed in Case No. 20-000635).
PDF:
Date: 04/20/2020
Proceedings: Notice of Service of the Agency's Response to Collins' First Set of Admissions filed.
PDF:
Date: 04/14/2020
Proceedings: Collins' Amended Notice of Taking Deposition (Remote) Deposition (filed in Case No. 20-000635).
PDF:
Date: 04/06/2020
Proceedings: Order Granting Leave for Counsel to Withdraw.
PDF:
Date: 04/06/2020
Proceedings: Order Granting Judicial Notice.
PDF:
Date: 04/06/2020
Proceedings: Notice of Telephonic Pre-hearing Conference (set for June 29, 2020; 9:00 a.m.).
PDF:
Date: 04/06/2020
Proceedings: Second Notice of Hearing (hearing set for July 21 through 23, 2020; 9:00 a.m.; Orlando).
PDF:
Date: 04/01/2020
Proceedings: Joint Status Report Regarding Order Granting Continuance filed.
PDF:
Date: 03/31/2020
Proceedings: Notice of Service of the Agency's Second Request for Admissions filed.
PDF:
Date: 03/27/2020
Proceedings: Collins' Amended Notice of Taking Deposition.
PDF:
Date: 03/27/2020
Proceedings: Collins Notice of Taking Deposition.
PDF:
Date: 03/27/2020
Proceedings: Respondent's Answer/Petition for Formal Administrative Hearing AHCA's Amended Notice of Intent to Deny for Renewal Adult Family Care Home Application.
PDF:
Date: 03/27/2020
Proceedings: Notice for Serve of Collins' First Set of Admissions.
PDF:
Date: 03/25/2020
Proceedings: Amended Notice of Appearance and Designation of Email Address (filed in Case No. 20-000635).
PDF:
Date: 03/25/2020
Proceedings: Order Granting Continuance (parties to advise status by April 3, 2020).
PDF:
Date: 03/24/2020
Proceedings: Order to Show Cause Why Judicial Notice Should Not Be Granted.
PDF:
Date: 03/24/2020
Proceedings: Respondent's Notice of No Objection to Petitioner's Motion for Continuance (filed in Case No. 20-000635).
PDF:
Date: 03/24/2020
Proceedings: Notice of Appearance and Designation of Email Address (filed in Case No. 20-000635).
PDF:
Date: 03/24/2020
Proceedings: (Signed) Stipulation for Substitution of Counsel (filed in Case No. 20-000635).
PDF:
Date: 03/24/2020
Proceedings: Notice of Appearance (Rawsi Williams; filed in Case No. 20-000635).
PDF:
Date: 03/24/2020
Proceedings: Notice of Substitution of Counsel (Rawsi Williams; filed in Case No. 20-000635).
PDF:
Date: 03/23/2020
Proceedings: Affidavit of Non-Service filed.
PDF:
Date: 03/23/2020
Proceedings: Motion to Continue Formal Hearing (filed in Case No. 20-000635).
PDF:
Date: 03/23/2020
Proceedings: Motion to Continue Formal Hearing filed.
PDF:
Date: 03/23/2020
Proceedings: Motion for Judicial Notice filed.
PDF:
Date: 03/16/2020
Proceedings: Agency's Amended Notice of Intent to Deny for Renewal Adult Family Care Home Application filed.
PDF:
Date: 03/12/2020
Proceedings: Agency's Notice of Service of Amended Notice of Intent to Deny for Renewal Adult Family Care Home Application filed.
PDF:
Date: 03/12/2020
Proceedings: Order Allowing Amendment of Notice of Intent to Deny.
PDF:
Date: 03/06/2020
Proceedings: Notice of Taking Depositions filed.
PDF:
Date: 02/20/2020
Proceedings: Agency's Motion to Amend Notice of Intent to Deny for Renewal Adult Family Care Home Application filed.
PDF:
Date: 02/18/2020
Proceedings: Notice of Service of the Agency's Second Request for Production of Documents filed.
PDF:
Date: 02/17/2020
Proceedings: Disclosures Pursuant to Case Management Order Dated February 6, 2020 (filed in Case No. 20-000635).
PDF:
Date: 02/14/2020
Proceedings: Disclosure Pursuant to Case Management Order Dated February 6, 2020 (filed in Case No. 20-000635).
PDF:
Date: 02/06/2020
Proceedings: Notice of Hearing (hearing set for April 20 through 22, 2020; 9:30 a.m.; Altamonte Springs).
PDF:
Date: 02/06/2020
Proceedings: Case Management Order.
PDF:
Date: 02/06/2020
Proceedings: Amended Order of Consolidation (DOAH Case Nos. 20-0557 and 20-0635)
PDF:
Date: 02/04/2020
Proceedings: Order of Consolidation (DOAH Case Nos. 20-0557, 20-0558, 20-0560)
PDF:
Date: 02/03/2020
Proceedings: Joint Motion to Consolidate and Response to Initial Order filed.
PDF:
Date: 01/31/2020
Proceedings: Initial Order.
PDF:
Date: 01/30/2020
Proceedings: Election of Rights filed.
PDF:
Date: 01/30/2020
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 01/30/2020
Proceedings: Administrative Complaint filed.
PDF:
Date: 01/30/2020
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
JOHN D. C. NEWTON, II
Date Filed:
01/30/2020
Date Assignment:
02/03/2020
Last Docket Entry:
09/09/2020
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
 

Counsels

Related Florida Statute(s) (4):