21-000082 Agency For Health Care Administration vs. Villa Serena I, Inc.
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 16, 2021.


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1STATE OF FLORIDA, AGENCY FOR

6HEALTH CARE ADMINISTRATION,

9Petitioner, DOAH No. 20-5120

13AHC'A No. 2019015653

16vs.

17SANTA BARBARA BH, INC.,

21d/b/a VILLA SERENA VII,

25f/k/a SANTA BARBARA HOME I,

30Respondent.

31_____________________________/

32VILLA SERENA III, INC., d/b/a

37VILLA SERENA III,

40Petitioner,

41v. AHCA No. 2021002529

45STATE OF FLORIDA, AGENCY FOR

50HEALTH CARE ADMINISTRATION,

53Respondent,

54_____________________________/

55VILLA SERENA IV, INC., d/b/a

60VILLA SERENA IV,

63Petitioner,

64v. AHCA No. 2021002532

68STATE OF FLORIDA, AGENCY FOR

73HEALTH CARE ADMINISTRATION,

76Respondent,

77_____________________________ /

79SAN THELMO INVESTMENT GROUP, INC.,

84d/b/a VILLA SERENA VI,

88Petitioner,

89v. AHC'A No. 2021002517

93STATE OF FLORIDA, AGENCY FOR

98HEALTH CARE ADMINISTRATION,

101Respondent,

102FINAL ORDER

104THIS CAUSE came on for consideration before the Agency for Health Care Administration ("the

119Agency"), which finds and concludes as follows:

1271. The Agency issued the Respondents, Villa Serena 1, Inc, Villa Serena II, Inc., and Villa

143Serena III, Inc., d/b/a Villa Serena III, and Santa Barbara BH, Inc., d/b/a Villa Serena VII, f/k/a Santa

161Barbara Home I, the attached Administrative Complaints and Election of Rights Forms (Exs.1, 2, 3, and

1774).

1782. The Agency issued the Petitioners Villa Serena III, Inc. d/b/a V[Jla Serena Ill, Villa Serena

194IV, Inc., d/b/a Villa Serena IV and San Thelmo Investment Group, Inc. d/b/a Villa Serena VI, the attached

212Notices of Intent to Deny the Renewal Application for an Assisted Living Facility (Exs. 5, 6, and 7).

2303. The parties have since entered into the attached Settlement Agreement (Ex. 8), which is

245adopted and incorporated by reference.

2504. Count III ofthe Complaint against Villa Serena III, Inc. d/b/a Villa Serena III which seeks

266revocation of that facility's assisted living facility licensure is withdrawn.

2765. In accordance with Florida law, Respondents Villa Serena 1, Inc. and Villa Serena II, Inc.

292are responsible for retaining and appropriately distributing all client records within the timeframes

305prescribed in the authorizing statutes and applicable administrative code provisions. Respondents Villa

317Serena 1, Inc. and Villa Serena II, Inc. are advised of Section 408.810, Florida Statutes.

3326. In accordance with Florida law, Respondents Villa Serena 1, Inc., and Villa Serena II, Inc.

348are responsible for any refunds that may have to be made to the clients.

3627. Respondents Villa Serena 1, Inc. and Villa Serena II, Inc. are given notice of Florida law

379regarding unlicensed activity. Respondents Villa Serena 1, Inc. and Villa Serena II, Inc. are advised of

395Section 408.804 and Section 408.812, Florida Statutes. Respondents Villa Serena 1, Inc. and Villa Serena

410II, Inc. should also consult the applicable authorizing statutes and administrative code provisions.

423Respondents Villa Serena 1, Inc. and Villa Serena II, Inc. are notified that the cancellation of an Agency

441license may have ramifications potentially affecting accrediting, third party billing including but not

454limited to the Florida Medicaid program, and private contracts.

4638. Respondents Villa Serena 1, Inc., Villa Serena II, Inc., Villa Serena III, Inc., d/b/a Villa

479Serena III, and Santa Barbara BH, Inc., d/b/a Villa Serena VII, f/k/a Santa Barbara Home I shall pay an

498administrative fine in the total amount of $23,500.00 within 180 days of the date of the Final Order or

518prior to the issuance of change of ownership licensure, whichever shall first occur. The fines shall be

535assessed as $8,000.00 for Villa Serena 1, Inc.; $5,000.00 for Villa Serena It Inc.; $10,000.00 for Villa

555Serena III, Inc., d/b/a Villa Serena III; and $500.00 for Santa Barbara BH, Inc., d/b/a Villa Serena VII,

573f/k/a Santa Barbara Home I. If full payment has been made, the cancelled check acts as receipt of payment

592and no further payment is required. If full payment has not been made, payment is due within 180 days

611of the Final Order or prior to the issuance of change of ownership licensure, "vvhichever shall first occur.

629Overdue amounts are subject to statutory interest and may be referred to collections. A check made

645payable to the "Agency for Health Care Administration" and containing the AHCA ten-digit case numbers

660should be sent to:

664Central Intake Unit

667Agency for Health Care Administration

6722727 Mahan Drive, Mail Stop 61

678Tallahassee, Florida 32308

6819. The Parties shall comply with the remaining terms of the Agreement.

693ORDERED at Tallahassee, Florida, on this.2b \\-}day of ------' 2021.

703NOTICE OF RIGHT TO JUDICIAL REVIEW

709A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted

728by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with

749filing fee as prescribed by law, with the District Court of Appeal in the appellate district where the Agency

768maintains its headquarters or where a party resides. Review of proceedings shall be conducted in

783accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of

800rendition of the order to be reviewed.

807CERTIFICATE OF SERVICE

810I CERTIFY that a true and this Final Order 1' ser.\\'ed on the below-named

824persons by the method designated on day of [L'l , 2021.

834op, cy Clerk

837Agency for Health Care Administration

8422727 Mahan Drive, Mail Stop 3

848Tallahassee, Florida 32308

851Telephone: (850) 412-3630

854Facilities Intake Unit Keisha Woods, Unit M anager

862Agency for Health Care Administration Licensure Unit

869(Electronic Mail) Agency for Health Car e Administration

877(Electronic Mail) -·--------------1

880Central Intake Unit Arlene Mayo-Davis, F11 eld Office Manager

889Agency for Health Care Administration Local Field Office

897(Electronic Mail) Agency for Health Car e Administration

905(Electronic Mail)

907Katrina Derico-Harris Shaddrick A. Haston, I' :sq.

914Medicaid Accounts Receivable Counsel for Villa Sere1 1a 1, Inc.;

924Agency for Health Care Administration Villa Serena II, Inc.;

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

944Villa Serena IV, Inc., d /h/a Villa Serena IV;

953Villa Serena V, Inc. d/1 )/a Villa Serena V;

962San Thelmo Investmen t Group, Inc., d/b/a

969Villa Serena VI ;

972Santa Barbara BH, Inc. , d/b/a Villa Serena VII,

980f/k/a Santa Barbara Ho me I; and

987Roxana Solano

989Ullman Bursa Law

9923 812 Coconut Palm Dr IVe

998Tampa, Florida 33619

1001shaston@ublawoffices. com

1003(Electronic Mail)

1005Nicholas Constantino Gisela Iglesias, Assista nt General Counsel

1013Medicaid Contract Management Office of the General C :ounsel

1022Agency for Health Care Administration Agency for Health Car1 Administration

1032(Electronic Mail) (Electronic Mail)

,1036---------------------,---------------------------,

1038The Honorable Mary Li Creasy The Honorable Brittan"); 0. Finkbeiner

1049Administrative Law Judge Administrative Law Judge

1055Division of Administrative Law Hearings Division of Administrative Law Hearings

1065The DeSoto Building The DeSoto Building

10711230 Apalachee Parkway 1230 Apalachee Parkway

1077Tallahassee, Florida 32399-3060 Tallahassee, Florida 32399-3060

1083(Electronic Filing) (Electronic Filing)

1087NOTICE OF FLORIDA LAW

1091408.804 License required; display.--

1095(1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers

1113or provides services that require licensure, without first obtaining from the agency a license authorizing

1128the provision of such services or the operation or maintenance of such provider.

1141(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address

1160that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not

1183be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the

1199licensee, provider, and location for which the license is issued.

1209408.812 Unlicensed activity.--

1212(1) A person or entity may not offer or advertise services that require licensure as defined by this part,

1231authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency.

1247A licenseholder may not advertise or hold out to the public that he or she hollds a license for other than

1268that for which he or she actually holds the license.

1278(2) The operation or maintenance of an unlicensed provider or the performance of any services that require

1295licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed activity

1310constitutes harm that materially affects the health, safety, and welfare of clients. The agency or any state

1327attorney may, in addition to other remedies provided in this part, bring an action for an injunction to

1345restrain such violation, or to enjoin the future operation or maintenance of the unlicensed provider or the

1362performance of any services in violation of this part and authorizing statutes, until compliance with this

1378part, authorizing statutes, and agency rules has been demonstrated to the satisfadion of the agency.

1393(3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after

1412receiving notification from the agency, such person or entity fails to cease operation and apply for a license

1430under this part and authorizing statutes, the person or entity shall be subject to penalties as prescribed by

1448authorizing statutes and applicable rules. Each day of continued operation is a separate offense.

1462( 4) Any person or entity that fails to cease operation after agency notification may be fined $1,000 for

1482each day of noncompliance.

1486( 5) When a controlling interest or licensee has an interest in more than one provider and fails to license a

1507provider rendering services that require licensure, the agency may revoke all lJ censes and impose actions

1523under s. 408.814 and a fine of$1,000 per day, unless otherwise specified by authorizing statutes, against

1540each licensee until such time as the appropriate license is obtained for the unlicensed operation.

1555(6) In addition to granting injunctive relief pursuant to subsection (2), if the agency detennines that a

1572person or entity is operating or maintaining a provider without obtaining a license and determines that a

1589condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person

1609or entity is subject to the same actions and fines imposed against a licensee as specified in this part,

1628authorizing statutes, and agency rules.

1633(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: 05/17/2021
Proceedings: Settlement Agreement filed.
PDF:
Date: 05/17/2021
Proceedings: Agency Final Order filed.
PDF:
Date: 04/26/2021
Proceedings: Agency Final Order
PDF:
Date: 03/16/2021
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 03/15/2021
Proceedings: Joint Motion to Relinquish Jurisdiction Due to Pending Settlement filed.
PDF:
Date: 03/12/2021
Proceedings: Agency's Motion to Compel Discovery and to Deem Requests for Admissions Admitted filed.
PDF:
Date: 03/09/2021
Proceedings: Order Granting Motion for Judicial Notice.
PDF:
Date: 02/26/2021
Proceedings: Motion For Judicial Notice filed.
PDF:
Date: 02/25/2021
Proceedings: Notice of Taking Depositions filed.
PDF:
Date: 02/22/2021
Proceedings: Amended Notice of Taking Deposition filed.
PDF:
Date: 02/22/2021
Proceedings: Notice of Taking Deposition filed.
PDF:
Date: 02/19/2021
Proceedings: Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 02/11/2021
Proceedings: Notice of Taking Depositions filed.
PDF:
Date: 02/11/2021
Proceedings: Order Granting Motion for Judicial Notice.
PDF:
Date: 02/10/2021
Proceedings: Motion for Judicial Notice filed.
PDF:
Date: 02/01/2021
Proceedings: Notice of Service of the Agency's First Request for Answers to Interrogatories, Agency's First Request for Admissions, and Agency's First Request for Production of Documents filed.
PDF:
Date: 01/28/2021
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 01/28/2021
Proceedings: Notice of Hearing by Zoom Conference (hearing set for March 24 and 25, 2021; 9:00 a.m., Eastern Time).
PDF:
Date: 01/27/2021
Proceedings: Order on Motion to Dismiss.
PDF:
Date: 01/19/2021
Proceedings: Agency's Response to Initial Order and Procedural Order filed.
PDF:
Date: 01/12/2021
Proceedings: Agency's Motion to Dismiss Respondent's Request for Formal Hearing filed.
PDF:
Date: 01/12/2021
Proceedings: Procedural Order.
PDF:
Date: 01/12/2021
Proceedings: Initial Order.
PDF:
Date: 01/08/2021
Proceedings: Agency's Memorandum regarding Order of Dismissal without Prejudice Pursuant to Section 120.569(2)(c), Florida Statutes, to Allow for Amendment and Resubmission of Petition filed.
PDF:
Date: 01/08/2021
Proceedings: Response to Order of Dismissal filed.
PDF:
Date: 01/08/2021
Proceedings: Order of Dismissal without Prejudice Pursuant to Section 120.569(2)(c), Florida Statutes, to Allow for Amendment and Resubmission of Petition filed.
PDF:
Date: 01/08/2021
Proceedings: Petition for Formal Hearing filed.
PDF:
Date: 01/08/2021
Proceedings: Administrative Complaint filed.
PDF:
Date: 01/08/2021
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
MARY LI CREASY
Date Filed:
01/08/2021
Date Assignment:
01/12/2021
Last Docket Entry:
05/17/2021
Location:
Miami, Florida
District:
Southern
Agency:
Other
 

Counsels

Related Florida Statute(s) (4):