Hillsborough FL Lawyers | Nicola Brown -- eLawyers

19-005096 AGENCY FOR HEALTH CARE ADMINISTRATION vs TYVAL ASSISTED LIVING FACILITY, LLC (2019)

Division of Administrative Hearings, Florida Filed: Sep. 20, 2019

As to Case No. 19-5096, whether Tyval committed the deficiencies alleged in the Administrative Complaint; and, if so, whether Tyval’s license to operate an assisted living facility (“ALF”) should be revoked, and/or whether Tyval is subject to administrative fines and survey fees; and, if so, the amount of the administrative fines and survey fees to be imposed. As to Case No. 20-0014, whether Tyval committed the deficiencies alleged in the Administrative Complaint; and, if so, whether Tyval is subject to administrative fines; and, if so, the amount of the administrative fines to be imposed. As to Case No. 19-6305, whether Tyval’s application for renewal of its ALF license should be denied.Unlawful physical restraints and lack of supervision and training justified revocation and maximum fines for two Class II violations. Fines for uncorrected Class III violations and nonrenewal of license for omissions in renewal application also warranted.

19-006305 TYVAL ASSISTED LIVING FACILITY, LLC vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: Nov. 25, 2019

As to Case No. 19-5096, whether Tyval committed the deficiencies alleged in the Administrative Complaint; and, if so, whether Tyval’s license to operate an assisted living facility (“ALF”) should be revoked, and/or whether Tyval is subject to administrative fines and survey fees; and, if so, the amount of the administrative fines and survey fees to be imposed. As to Case No. 20-0014, whether Tyval committed the deficiencies alleged in the Administrative Complaint; and, if so, whether Tyval is subject to administrative fines; and, if so, the amount of the administrative fines to be imposed. As to Case No. 19-6305, whether Tyval’s application for renewal of its ALF license should be denied.Unlawful physical restraints and lack of supervision and training justified revocation and maximum fines for two Class II violations. Fines for uncorrected Class III violations and nonrenewal of license for omissions in renewal application also warranted.

20-000014 AGENCY FOR HEALTH CARE ADMINISTRATION vs TYVAL ASSISTED LIVING FACILITY, LLC (2020)

Division of Administrative Hearings, Florida Filed: Jan. 02, 2020

Unlawful physical restraints and lack of supervision and training justified revocation and maximum fines for two Class II violations. Fines for uncorrected Class III violations and nonrenewal of license for omissions in renewal application also warranted.

19-001667 CRISTAL PALACE RESORT PB, LLC vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: Mar. 28, 2019

Did Cristal commit deficient practices as cited in the Notice of Intent to Deny for Renewal Application justifying denial of its application for license renewal? May the Agency impose administrative fines and assess survey fees against Cristal for violations alleged in the Administrative Complaint that are proven? If so, what amount should the fines and fees be?Reliance on hearsay caused failure to prove many charges. ALF license non-renewal and fines b/c of repeated rule and statute violations. Standard of proof for non-renewal is clear & convincing.

19-002327 AGENCY FOR HEALTH CARE ADMINISTRATION vs CRISTAL PALACE RESORT PB, LLC (2019)

Division of Administrative Hearings, Florida Filed: May 02, 2019

Did Cristal commit deficient practices as cited in the Notice of Intent to Deny for Renewal Application justifying denial of its application for license renewal? May the Agency impose administrative fines and assess survey fees against Cristal for violations alleged in the Administrative Complaint that are proven? If so, what amount should the fines and fees be?Reliance on hearsay caused failure to prove many charges. ALF license non-renewal and fines b/c of repeated rule and statute violations. Standard of proof for non-renewal is clear & convincing.

18-005725 AGENCY FOR HEALTH CARE ADMINISTRATION vs THE RANCH ALF, INC., D/B/A THE RANCH ALF (2018)

Division of Administrative Hearings, Florida Filed: Oct. 29, 2018

19-001522 AGENCY FOR HEALTH CARE ADMINISTRATION vs YOLETTE ETIENNE (2019)

Division of Administrative Hearings, Florida Filed: Mar. 19, 2019

18-006677 AGENCY FOR HEALTH CARE ADMINISTRATION vs BLUE ANGEL ENTERPRISES, INC., D/B/A BLUE ANGEL RESIDENCES (2018)

Division of Administrative Hearings, Florida Filed: Dec. 18, 2018

Whether Blue Angel Enterprises, Inc., d/b/a Blue Angel Residences (“Blue Angel”), committed the statutory or rule violations alleged in the Amended Administrative Complaint and, if so, what penalty is authorized for such violations.AHCA proved that Respondent engaged in unlicensed activity and committed background screening violations, sufficient to revoke its license and levy fines, but did not prove that Respondent failed to timely correct a medication storage deficiency.

18-006678 AGENCY FOR HEALTH CARE ADMINISTRATION vs GV NEW PORT RICHEY, LLC, D/B/A GRAND VILLA OF NEW PORT RICHEY (2018)

Division of Administrative Hearings, Florida Filed: Dec. 18, 2018

17-002149 AGENCY FOR HEALTH CARE ADMINISTRATION vs CRISTAL PALACE RESORT PB, LLC (2017)

Division of Administrative Hearings, Florida Filed: Apr. 10, 2017

The issues to be determined are whether Cristal Palace Resort PB, LLC (Cristal Palace), committed the statutory or rule violations alleged in the Administrative Complaints in Case Nos. 17-2149 and 17-2164, and in the Second Amended Notice of Intent to Deny docketed as Case No. 17-3849; and, if so, what penalty is authorized for the violations proven.The Agency proved a limited number of class III and unclassified violations warranting fines and a survey fee. The Agency did not complete its statutory obligation with respect to the license renewal.

Nicola Brown