20-005120 Agency For Health Care Administration vs. Santa Barbara Bh, Inc., D/B/A Villa Serena Vii, F/K/A Santa Barbara Home I Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 21, 2021.

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner, DOAH No. 20-5120

AHC'A No. 2019015653

vs.

SANTA BARBARA BH, INC.,

d/b/a VILLA SERENA VII,

f/k/a SANTA BARBARA HOME I,

Respondent.

_____________________________/

VILLA SERENA III, INC., d/b/a

VILLA SERENA III,

Petitioner,

v. AHCA No. 2021002529

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondent,

_____________________________/

VILLA SERENA IV, INC., d/b/a

VILLA SERENA IV,

Petitioner,

v. AHCA No. 2021002532

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondent,

_____________________________ /

SAN THELMO INVESTMENT GROUP, INC.,

d/b/a VILLA SERENA VI,

Petitioner,

v. AHC'A No. 2021002517

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondent,

FINAL ORDER

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

Agency"), which finds and concludes as follows:

1. The Agency issued the Respondents, Villa Serena 1, Inc, Villa Serena II, Inc., and Villa

Serena III, Inc., d/b/a Villa Serena III, and Santa Barbara BH, Inc., d/b/a Villa Serena VII, f/k/a Santa

Barbara Home I, the attached Administrative Complaints and Election of Rights Forms (Exs.1, 2, 3, and

4).

2. The Agency issued the Petitioners Villa Serena III, Inc. d/b/a V[Jla Serena Ill, Villa Serena

IV, Inc., d/b/a Villa Serena IV and San Thelmo Investment Group, Inc. d/b/a Villa Serena VI, the attached

Notices of Intent to Deny the Renewal Application for an Assisted Living Facility (Exs. 5, 6, and 7).

3. The parties have since entered into the attached Settlement Agreement (Ex. 8), which is

adopted and incorporated by reference.

4. Count III ofthe Complaint against Villa Serena III, Inc. d/b/a Villa Serena III which seeks

revocation of that facility's assisted living facility licensure is withdrawn.

5. In accordance with Florida law, Respondents Villa Serena 1, Inc. and Villa Serena II, Inc.

are responsible for retaining and appropriately distributing all client records within the timeframes

prescribed in the authorizing statutes and applicable administrative code provisions. Respondents Villa

Serena 1, Inc. and Villa Serena II, Inc. are advised of Section 408.810, Florida Statutes.

6. In accordance with Florida law, Respondents Villa Serena 1, Inc., and Villa Serena II, Inc.

are responsible for any refunds that may have to be made to the clients.

7. Respondents Villa Serena 1, Inc. and Villa Serena II, Inc. are given notice of Florida law

regarding unlicensed activity. Respondents Villa Serena 1, Inc. and Villa Serena II, Inc. are advised of

Section 408.804 and Section 408.812, Florida Statutes. Respondents Villa Serena 1, Inc. and Villa Serena

II, Inc. should also consult the applicable authorizing statutes and administrative code provisions.

Respondents Villa Serena 1, Inc. and Villa Serena II, Inc. are 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.

8. Respondents Villa Serena 1, Inc., Villa Serena II, Inc., Villa Serena III, Inc., d/b/a Villa

Serena III, and Santa Barbara BH, Inc., d/b/a Villa Serena VII, f/k/a Santa Barbara Home I shall pay an

administrative fine in the total amount of $23,500.00 within 180 days of the date of the Final Order or

prior to the issuance of change of ownership licensure, whichever shall first occur. The fines shall be

assessed as $8,000.00 for Villa Serena 1, Inc.; $5,000.00 for Villa Serena It Inc.; $10,000.00 for Villa

Serena III, Inc., d/b/a Villa Serena III; and $500.00 for Santa Barbara BH, Inc., d/b/a Villa Serena VII,

f/k/a Santa Barbara Home I. If full payment has been made, the cancelled check acts as receipt of payment

and no further payment is required. If full payment has not been made, payment is due within 180 days

of the Final Order or prior to the issuance of change of ownership licensure, "vvhichever shall first occur.

Overdue amounts are subject to statutory interest and may be referred to collections. A check made

payable to the "Agency for Health Care Administration" and containing the AHCA ten-digit case numbers

should be sent to:

Central Intake Unit

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 61

Tallahassee, Florida 32308

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

ORDERED at Tallahassee, Florida, on this.2b \\-}day of ------' 2021.

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 1' ser.\\'ed on the below-named

persons by the method designated on day of [L'l , 2021.

op, cy Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

Telephone: [phone]

Facilities Intake Unit Keisha Woods, Unit M anager

Agency for Health Care Administration Licensure Unit

(Electronic Mail) Agency for Health Car e Administration

(Electronic Mail) -·--------------1

Central Intake Unit Arlene Mayo-Davis, F11 eld Office Manager

Agency for Health Care Administration Local Field Office

(Electronic Mail) Agency for Health Car e Administration

(Electronic Mail)

Katrina Derico-Harris Shaddrick A. Haston, I' :sq.

Medicaid Accounts Receivable Counsel for Villa Sere1 1a 1, Inc.;

Agency for Health Care Administration Villa Serena II, Inc.;

(Electronic Mail) Villa Serena III, Inc., d /h/a Villa Serena III;

Villa Serena IV, Inc., d /h/a Villa Serena IV;

Villa Serena V, Inc. d/1 )/a Villa Serena V;

San Thelmo Investmen t Group, Inc., d/b/a

Villa Serena VI ;

Santa Barbara BH, Inc. , d/b/a Villa Serena VII,

f/k/a Santa Barbara Ho me I; and

Roxana Solano

Ullman Bursa Law

3 812 Coconut Palm Dr IVe

Tampa, Florida 33619

shaston@ublawoffices. com

(Electronic Mail)

Nicholas Constantino Gisela Iglesias, Assista nt General Counsel

Medicaid Contract Management Office of the General C :ounsel

Agency for Health Care Administration Agency for Health Car1 Administration

(Electronic Mail) (Electronic Mail)

,---------------------,---------------------------,

The Honorable Mary Li Creasy The Honorable Brittan"); 0. Finkbeiner

Administrative Law Judge Administrative Law Judge

Division of Administrative Law Hearings Division of Administrative Law Hearings

The DeSoto Building The DeSoto Building

1230 Apalachee Parkway 1230 Apalachee Parkway

Tallahassee, Florida 32399-3060 Tallahassee, Florida 32399-3060

(Electronic Filing) (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 licenseholder may not advertise or hold out to the public that he or she hollds 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 satisfadion 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 lJ censes 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 detennines 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.