20-002638 Agency For Health Care Administration vs. Richland Retirement Senior Home, Inc.
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 22, 2020.


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1STATE OF FLORIDA, AGENCY FOR

6HEALTH CARE ADMINISTRATION,

9Petitioner,

10v AHCA No. 2020012170

14RICHLAND RETIREMENT SENIOR

17HOME, INC.,

19Respondent.

20FINAL ORDER

22Having reviewed the Administrative Complaint, and all other matters of record, the Agency for

36Health Care Administration finds and concludes as follows:

441. The Agency issued the attached Administrative Complaints, Notice of Intent to Deny

57Renewal Application, and Election of Rights forms to the Provider. ( Ex. 1). The parties have since entered

75into the attached Settlement Agreement, which is adopted and incorporated by reference into this Final

90Order. ( Ex. 2).

942. The Provider' s license renewal application and the Agency' s Notice of Intent to Deny

110Renewal Application are withdrawn effective January 31, 2021, or upon the issuance of a provisional

125license to a change of ownership applicant, whichever occurs first. Should a change of ownership fail,

141the Provider' s license shall be cancelled effective January 31, 2021, without any further agency action and

158the Provider shall be required to comply with the requirements of facility closure.

1713. The Provider shall pay the Agency $ 6, 000. 00. If full payment has been made, the cancelled

190check acts as receipt of payment and no further payment is required. If full payment has not been made,

209payment is due within 30 days of the Final Order. Overdue amounts are subject to statutory interest and

227may be referred to collections. A check made payable to the " Agency for Health Care Administration"

243and containing the AHCA ten - digit case number should be sent to:

256Central Intake Unit

259Agency for Health Care Administration

2642727 Mahan Drive, Mail Stop 61

270Tallahassee, Florida 32308

273ORDERED at Tallahassee, Florida, on this ( 1 day of , 2020.

284Molly McKfnstry, Deputy Secretary

288Agency for Health Care Administration

293PA

294NOTICE OF RIGHT TO JUDICIAL REVIEW

300A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted

319by filing one copy of a notice of appeal with the Agency Clerk of ARCA, and a second copy, along with

340filing fee as prescribed by law, with the District Court of Appeal in the appellate district where the Agency

359maintains its headquarters or where a party resides. Review of proceedings shall be conducted in

374accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of

391rendition of the order to be reviewed.

398CERTIFICATE OF SERVICE

401I CERTIFY that a true and correct c y o his Final Or was served on the below - named

421persons by the method designated on this day of / , 2020.

432Richard- op, Ag6ncy Clerk

436Agency for Health Care Administration

4412727 Mahan Drive, Mail Stop 3

447Tallahassee, Florida 32308

450Telephone: ( 850) 412- 3630

455Facilities Intake Unit Central Intake Unit

461Agency for Health Care Administration Agency for Health Care Administration

471Electronic Mail) Electronic Mail)

475Keisha Woods, Unit Manager Arlene Mayo Davis, Field Officer Manager

485Licensure Unit Local Field Office

490Agency for Health Care Administration Agency for Health Care Administration

500Electronic Mail) Electronic Mail)

504Mary J. Howard, Senior Attorney Rickey Strong, Esq.

512Diana M. Giraldo, Senior Attorney Jeffrey S. Howell, P. A.

522Office of the General Counsel 2898- 6 Mahan Drive

531Agency for Health Care Administration Tallahassee, Florida 32308

539Electronic Mail) Counsel for Provider

544U. S. Mail)

547Division of Administrative Hearings

551Electronic Filing)

553STATE OF FLORIDA

556AGENCY FOR HEALTH CARE ADMINISTRATION

561STATE OF FLORIDA, AGENCY FOR

566HEAL' 111 CARE ADMIN STRATTON,

571Peti[ Foner, DOAIi No: 20- 0562

577V. Agency Nos, 2014005087

5812019010945

58220190[ 0449

584RICHLAND RETIREMENT SF. Xiolt HOME, INC_ 2019010955

591Respondent.

592r

593RICH LAND RETIRE' 4IF= 1TSFNIORHOME, INC:.

599DOAH No: 20- 0562

603i' ctitioner, Agency Nos. 201901 0j;

609V.

610STATE OF FLORIDA, AGENCY FOR

615HEALTH CARE ADMIT ISTRATIOW.

619Respondent_

620STATE OF FLORIDA, AGkNCY FOR

625HEALTH CARE ADMINISTRATION,

628DOAH No:

630Petitioner, Agency Nos 2020012170 20- 0562

636V.

637RIC14LAND RETIREMENT SENIOR TTOME,. INC.,

643Respondent.

644Page I of 8

648EXHIBIT 2

650STATF. OF FLORIDA, AGENCY I. OR

656HEALTH CARE ADMIw1STRATION,

659Petitioner, Agency Nes. 2019017715

663V.

664R1CHLAND RETIREMENT SKNIOR HOME, INC.,

669Respondent.

670i

671SETTLEMENT AGREEMENT

673The State of Florida, Agency for Health Care Administration ( hereinafter the " Agenic;

686through its undersigned representatives, and Richland Retirement Senior Home, Inc. ( hereinaller

698Richland"), pursuant to Section 120. 57( 4), Florida Statutes, each individually, a " party."

712collectively as " parties," hereby enter into this Settlement Agreement (" Agrecment") and aarcc:

726as follnws:

728WHEREAS, Richland wars at all times relevant an assisted living facility licensed

740pursuant to Chapters 429, Part 1, and 408, Part 11, Florida Slatuws, Section 20. 42, Florida

756Stinnes and Chapter - 59A- 36, Florida Administrative Code; and

766WHEREAS, the Agency has jurisdiction by virtue of ( wing the regulatory and licensing

780authority over Richland, puTsuant to Chapters 429, fart I, and 408, Part Il, Florida Statutes. and

796WHEREAS, the Agency issued an Adminibtrative Complaint can October 25, 2019,

807At ICA Case Numbers 2019005087, 2019010945, 20190104149, and 2419410955 seeking throe

818thou and five hundred dollars ( 53, 500. 00); and

828WHEREAS, the Agency issued an Administrative Complaint on January 9, 2020,

839AHC A Case Number 2019017715 socking $ 1, 000. 04 in administrative lines; and

853Page 2 of 8

857WHEREAS, the Agency issued an Amended Notice of Intent to Deny the Renawd

870Application for An Assisted Living thereinalter " NOIQ") AHC: A (.: attic dumber 2019015055 tier

885the Ricl lauid' s fiacility on March S. 2020.

894WHEREAS. the A- P m; y completed a survey of the Richland and its facility on July '.

912201- 0 ! hereinafter " Survcx' A"). . MIC' A case number 2020012170, during which delic: ient

929practices were cited; tmd

933WHEREAS, the citation of the above referenced deficient practice in Survey A subjects

946Richland to the imposition of administrative sanctions of one thousurid live hundred dollars

959S l , 500. 00 ): and

965WHEREAS, the Parties have agreed to an amicable resolution of these cases.

977VOW ' M RFFORE. 1br goad and valuable consideration. the sufEicicncy of which is

991hcreby agreed to and confirmed, tic Richland and the Agency agree as ibilows:

10041. All of the above recitals aro true and correct and are cxpresslti incorporated into

1019the Aereement.

10212. The Parties agree that the alxive recitals arc binding findings of the Parties.

1035Upon full execution of this Agreement, the Richl< lnd="" agrccs="" to="" waive="" tiny="" acid="">

1043appends and proocedinLis to % vhicll they may he entitled, including but nut limited to, tin intOnnal

1060proceeding under Subsection 120. 57( 2). Florida Statutes. a formal procL- eding router Sub« ctiun

1075120. 5- 7( 1), F' loridli Statutes. appeals under Section 120. 6$, Florida Statutes: and declaratory and

1092all writs of relief in any court or quasi - court of corntxtent _ jurisdiction: and agrees In tiVWr, e

1112Compliance with the firm of the Final Order ( findings of fact and conclusions of law) to Which

1130they niay be entitled. provided, however, that nu a8Merrrcnt herein shall Ue deemed a waiver by

1146anp part; of its right tea judicial cnl' arcement al' this Agreement or the Ageney' s rights under

1164The tindingc of the survey mere rLdluxd ui a stoic fimn 3420.

1176Pate 3 ( if 8

1181Scetion 120.( ). Ficirida Statute~ ( 2019). Richland slx: c: ific: ally waives the necessity of the

1198drai' tine of or scrvic,; of an s' dmii istrativC Complaint liar the irlief stipuluied to in this

1216Agree. nient a. The sante relates to tllL- Survey A ( hereinafter " Sun• ey").

12314, Upon full execution of the Agreement:

1238a. Richland shall pay administrative tines in the amount of six thousand dollitrs

12511') x6. 000. 00). Richland small pay the Agency the suns of$ G. 000, 00 bciiwc the iir:, t

1270occurring ot: issuance of change of ownership licensure to a third - party applicant

1284or by January 11, 2021.

1289b. ' t' ttc tall UTC: of the Richland to timely remit the administrative fines purbunnt to the

1307Provisions of z; ub- paragraph ( 4)( a) above shall constitute grounds for the deninl of

1323any third - party application for change ol' owiurship licensure.

1333C. Riehinrid withdraw~ its application for renewal of licensure, assisted llvlllg facility

1345license number 9475. c[' fcctivc 14nuary 31, 2021. unless change cit' ownership

1357licensure has been arantod to a third - party applicant prior thereto.

1369d. All residents in Richland' s assisted living facility. license number 9475, shall he

1383Jischarucd on or Velure January 31. 2021 unless change o ownership licensure

1395has been - ranted to a third - party applicant prior thereto,

1407e. Richland shrill comply with all Pf0' Visiun5 cif" Chapter 408, Part ll. I- Ion' da

1423Stalutcs. C hapicr 41- 9. Part 1_ Florida Statutes. and Chapter~ 59; 1- 35 acid 59A- 36.

1440T Iorida Administrative Code thrcwughnut the discontinuation of Operntlotls

1449irtcluciing, but not limited to. compliance with provishms related to the timtAy

1461provision of statutory or contractual notice of discharge it) n- sidenm the timely

1474distribution ofclient records: and the timely provision ofrel' tmcis to residents and

1486the return of resident personal property. Nothing in this Agrcenivnt cslups or

14981' agca( if 8

1502prewrlts the . agency from seeking sane; lionn against the Richland for any non-

1516compliance which Richland rnav he cited liar based upon the acts or omis, iuns- of

1531WiAand including. but not limited tO, rapprupriute: disclzargC. timer. msidrnt

1541refund;: and the Timely return ofresident property,, and

1550V. Effective January I. 2. 021, or the issuance of change of ownership licensure%

1564whichever may occur first, the NOIR is deemed denied as moot.

1575f. Effective January 31. 2021, or the issuance of the Previsional license to a third -

1591party chung: c of ownership applicant, whichever shall first occur. Richland shall

1603he divestcd of any right, ( itle; or uvkmership interest in license number 94745.

16175. VOMIe fuT WIV action brought to eItforce the terms ol' thi5 Agrwrticat or the Final

1633thile: r 4ntered pursuant hereto shall lie in Circuit Court in Lcon County. Florida.

1647ti. By executing this Aurc; etnent. Richland denies, and the Agency a5xerls tl- e

1661validity of the . allegations raised in the Administrative Complaints, NOIT) and Survey ret' crenr. 4d

1677herein. No agrecrncnt made herein shall preclude the Agency from imposing a penalty against

1691Richland loan} deliciencylviolation of statute or rule identified in a hriurc survey oilRichland.

1704which constitutes a " repeat" or " wtcorrected" deficiency from surveys identilied in the

1716administrative, complaint. In said cvtmt. Richland jvtains thr right to challenge the tactual

1729allegations mlaled to the deficient practicesfviolations alleged in the; imMant cause.

17407. No tigrecment m adc herein shall preclude the Agency trom using the deficiencies

1754from the surveys identified in the administrative complaint in any decision regarding licensure of

1768Richbuid, including. but not lintiled to. licensure fbr limited menial health, limited nursing

1781services. extended congregale mare. or a demonstrated pattern of deficient performance. The

1793Aacncy is tint precluded from wing the tiuhje ct events fior any purpose within thc_ jurisdiction of

1810the Agency. Further, Richland acknowledges and agrees that this Aglevrrient shall not preclude:

1823Pa¢ c 3 of K

1828or estOp any tether federal, state, or local agency or office from prarsuin€ ally cause of anion ( Ir

1847along any action, even it' based on or nrising from. in whole or in part, the fuels raised in the

1867administrative complaints, N' UlU, tuid survey. ' t' ltis agreement docs, not prohibit the Agency

1882from taking action regarding the Richland' s Medicaid provider status, conditions. requirements

1894or contract.

18968. 1" pon full execution ofthis Agreement, the Agency shall enter Final Order

1909adapting and incorporating the terms of this Agreement and elusing the above - styled case.

19249. U- ch party shall be ar ib, ower ousts and attorney' s kes_

1938I U. This Agreement shall become effective on the date upon which it is fully ettc el ted

1956by all the parties.

196011. Richland ti) r its rclatcd or resulting organizations. its successors or transferees,

1973attorneys. Heirs. and executors or administrators, docs hereby discharge the 5bati of Florida,

1986rlgcnep For Hcalth Care Adminiatralion, anal its agents. representatives. and attorneys ofarlJ

1998from tall clairns. demands. actions, causes of action, suits, damages, losses, and expenses. of an

2013and every nature whtatswever, arising out of car in any way related to this matter and the Agency' s

2032Acii arts, including. but riot limited to, any claims that weri or may be tswrwd in any lccler< at="">

2050stall' eourr or administrative fOWT11. including any ciuim. S arising out of thi` 3 agorcpmcnt. by or on

2068beluilfofRichland or related facilitics.

20721?. This, Agrtem4nt iti hinding upon all parties herein and those identified in

2086paragraph cicv- en ( 11 ) of this Agreement.

209513. In tate event that Richland was a Medicaid provider at the subject lime of the

2111e' n' CurrenC. C% alleged in the complaint herein. this settlement docs not prevent the Agency trorn

2128seeking . 11cdicttid u4erpa. rn: rats related to the sunject issues or from imposing any . sanctions

2145puretu= t to Rule 59G 9. 070, Florida Administr4 ivi Cade.

2156Page 6 M' S

216014. Richland agrees that if any funds to be paid under this agreement to the Agency

2176are not paid by the: date the (` 11OW application is approv( A or by January 31, 2021. Whichever

2195may ( vcur v* ner. the Agency may deduct the amounts assessed against Richland, or any portion

2212thereof. owed hv Riehland to the Agency frotn any present or future funds owed to Richland by

2229Ole A- Cr1q, and that tllc Agency shall hold a Gen against present raid futtuiv funds oxcd to

2247Richl. vid by the A£ ency for said amounts until paid.

225815. The undersigned have read and understand this Agreement and have the authority,

2271to hind their respective pri eipals to it. Richland has the capacity to execute this Agreement.

2287I& This Agroement contains and incorporates the entire taiderstalklings and

2297agreements ofthe parties.

23001. 7. This Aizreemenl supersedes any prior oral or 4%- ritten agreements heLWecn the

2314parties.

231518. This Agreement may not be ainendcd except in writing. Any attempted

2327assignmcrit of this grccrncnt shall be void.

233419. All panics agree that a facsimile signature suffices 11or an Original sigrtaturr.

234720. The fol ] owing repre- sentatives hereby acknowledge that they are duly autbori zed

2362to enter into this Agreenlert.

23671

2368M Ily cK strk, T) eputp Secrztur; Rickey Strom, I. sq.

2379I le Hty ,, sSNUrLutrc C uuuscl tor Richland Rutircnimi Senior

2389i me" 1'& r l• lcalth Care Adminis tratinn I tome. In(;.

24022727 Malum Drivc. Building 41 Jeffrey S. How - ch, P. A.

2414Tallahassee. Florida 32308 2898- 6 Mahan Drive

2421Tallahassee, Florida 32308

2424Rick( uijsh- paxom

2427DATED. I) A' I' I" D: 71felzo Ze)

2435William Roberts, ( Tencral C' OLUISCI Car

2442iiice ol' the General C' oun- 5, 01 1Y C. 51r} en t

2455Agencv for Health Care Adinhiistrabun land Retirement Senior I tome, Inc.

246627 Mahan Drive. \\ 1S ;;

2471lalkiia sec. Florida 32308

2475Florida Rur No. 554617

247911ATED; _ 911` 11 2U

24841):' 1* FED: u (;,'

2490Diane! Xf. Gb- aldr), F. su.

2496Diana M. Ciraldo, Senior Atlurney Tatian, Perez

2503011' ce Of the General C' OMSC1 Title: .\\% VIC V, Prf' k, t

2517Agency for Health Cure Administration Richland elirementSeniorlLome. Inc.

252552, Mirror Lake Drive Korth. Suite 330F.

2532St. Petersburg, Florida 33101

2536Florida Dar No. 1132 1

2541DATED:

2542DATED: Septernbu 17. 2020

2546Page 8 of I

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 01/13/2021
Proceedings: Settlement Agreement filed.
PDF:
Date: 01/13/2021
Proceedings: Agency Final Order filed.
PDF:
Date: 12/17/2020
Proceedings: Agency Final Order
PDF:
Date: 09/22/2020
Proceedings: Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 09/21/2020
Proceedings: Motion to Relinquish Jurisdiction filed.
PDF:
Date: 09/18/2020
Proceedings: Joint Pre-Hearing Stipulation filed.
PDF:
Date: 09/17/2020
Proceedings: Notice of Taking Depositions of Carlos Perez and Tatiana Perez filed.
PDF:
Date: 09/14/2020
Proceedings: Order Granting Motion to Compel Discovery.
PDF:
Date: 09/11/2020
Proceedings: Agency's Motion for Ruling on Its Motion to Compel Discovery or in the Alternative for a Hearing filed.
PDF:
Date: 07/28/2020
Proceedings: Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for September 29 and 30, 2020; 9:00 a.m.; Tallahassee).
PDF:
Date: 07/21/2020
Proceedings: Richland Senior Retirement Home, Inc. Response to Agency's First Request for Admissions filed.
PDF:
Date: 07/16/2020
Proceedings: Motion to Continue Formal Hearing filed.
PDF:
Date: 07/16/2020
Proceedings: Agency's Motion to Compel Discovery and Deem the Requests for Admission Admitted filed.
PDF:
Date: 06/22/2020
Proceedings: Order of Consolidation (DOAH Case Nos. 20-0562, 20-1082, 20-2638)
PDF:
Date: 06/19/2020
Proceedings: Notice of Transfer.
PDF:
Date: 06/18/2020
Proceedings: Agency's Unopposed Motion to Consolidate filed.
PDF:
Date: 06/16/2020
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 06/10/2020
Proceedings: Initial Order.
PDF:
Date: 06/09/2020
Proceedings: Election of Rights filed.
PDF:
Date: 06/09/2020
Proceedings: Petition for Formal Administrative Proceeding filed.
PDF:
Date: 06/09/2020
Proceedings: Administrative Complaint filed.
PDF:
Date: 06/09/2020
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
BRITTANY O. FINKBEINER
Date Filed:
06/09/2020
Date Assignment:
06/19/2020
Last Docket Entry:
01/13/2021
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
 

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