20-001939 Swan At Lake Conway Alf vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 14, 2021.

FINAL ORDER

Having reviewed the Notices oflntent letters, and all other matters of record, the Agency for Health

Care Administration finds and concludes as follows:

1. The Agency issued the attached Notice of Intent to Deem Renewal Application Incomplete

and Withdrawn from Further Consideration to Swan. (Ex. 1 ). The Agency subsequently issued the

attached Amended Notice oflntent to Deny Renewal Application to Swan. (Ex. 2). The Parties have since

entered into the attached Settlement Agreement, which is adopted and incorporated by reference into this

Final Order. (Ex. 3)

Based upon the foregoing, it is ORDERED:

2. The Provider's license, license number 11542 is deemed SURRENDERED on April 30th,

2021 unless, and only if, the Agency receives a completed Change of Ownership application ("CHOW")

from a third-party applicant and issues a provisional license to such an applicant prior to April 30, 2021.

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

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

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

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

to be made to the clients.

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

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

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

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

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

6. The Provider and its controlling interest shall comply with the licensure terms set forth in

the Settlement Agreement.

7. The administrative fines and survey fees, which total $16,453.71, will be held in abeyance

in accordance with the terms of the Settlement Agreement.

ORDERED in Tallahassee, Florida, on this day of _ 2021.

Deputy Secretary

Care Administration

NOTICE OF RIGHT TO JUDICIAL REVIEW

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

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

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

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

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

rendition of the order to be reviewed.

CERTIFICATE OF SERVICE

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

persons by the method designated on this .27 day of - , 7 , 2021.

Richar . hoop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

Telephone: [phone]

Facilities Intake Unit Keisha Woods, Unit Manager

Agency for Health Care Administration Assisted Living Licensure Unit

(Electronic Mail) Agency for Health Care Administration

(Electronic Mail)

Katrina Derico-Harris Theresa DeCanio, Field Office Manager

Medicaid Accounts Receivable Local Field Office- Area 07

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Nicholas Constantino Andrew B. Thornquest, Senior Attorney

Medicaid Contract Management Office of the General Counsel

Agency for Health Care Administration Agency for Health Care Administration

(Electronic Mail) (Electronic Mail)

Aster Bati, 1 00% Controlling Interest Rickey L. Strong, Esquire

Swan at Lake Conway Assisted Living Facility, JeffreyS. Howell, P.A.

Inc. d/b/a Swan at Lake Conway ALF 2898-6 Mahan Drive

3714 Saint Moritz Street Tallahassee, Florida 32308

Orlando, Florida 32812 Counsel for Provider

(U.S. Mail) (Electronic Mail and U.S. Mail)

[e-mail]

Division of Administrative Hearings

(Electronic Filing)

NOTICE OF FLORIDA LAW

408.804 License required; display.--

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

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

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

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

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

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

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

408.812 Unlicensed activity.--

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

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

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

that for which he or she actually holds the license.

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

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

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

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

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

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

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

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

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

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

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

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

each day of noncompliance.

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

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

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

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

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

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

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

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

authorizing statutes, and agency rules.

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