Leon FL Lawyers | Shaddrick A Haston -- 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.

08-004582 AGENCY FOR HEALTH CARE ADMINISTRATION vs SANDALWOOD NURSING CENTER (2008)

Division of Administrative Hearings, Florida Filed: Sep. 18, 2008

Whether Respondent nursing home has committed a violation of Section 400.102 (1), Florida Statutes (2007), by an intentional or negligent act materially affecting the health or safety of nursing home residents, so that Petitioner may impose a $15,000, administrative fine, a "survey fee" of $6,000, for surveys every six months for two years, and a conditional license for the period of April 24, 2008, through and including May 5, 2008, based on a cited Class I widespread deficiency.Respondent is not guilty of a widespread Class I deficiency related to the new law on smoke detectors and a fully sprinklered facility.

17-004353FL ANGEL CHILD HOME CARE CORPORATION, INC. vs AGENCY FOR PERSONS WITH DISABILITIES (2017)

Division of Administrative Hearings, Florida Filed: Aug. 02, 2017

The issue for determination in these proceedings is whether Petitioner’s application for licensure of an additional group home facility should be approved by Respondent, the Agency for Persons with Disabilities (“APD”).Petitioner failed to prove by a preponderance of the evidence that its application for an additional group facility license should be approved.

16-007558 AGENCY FOR HEALTH CARE ADMINISTRATION vs RISE AND SHINE ASSISTED LIVING FACILITY, LLC, D/B/A RISE AND SHINE ASSISTED LIVING FACILITY (2016)

Division of Administrative Hearings, Florida Filed: Dec. 22, 2016

The issues in DOAH Case No. 16-7558 are whether Rise and Shine Assisted Living Facility, LLC, d/b/a Rise and Shine Assisted Living Facility (Rise and Shine), committed the violations charged in the Administrative Complaint; and, if so, what the penal consequences should be. The issue in DOAH Case No. 17-2087 is whether Rise and Shine’s application for license renewal should be granted or denied on the basis of the grounds set forth in the Notice of Intent to Deny.Assisted Living Facility's pattern of deficient practices, starting with and stemming from an unqualified person in charge, should result in denial of license renewal, fines, and survey fees.

17-002087 RISE AND SHINE ASSISTED LIVING, LLC, D/B/A RISE AND SHINE ASSISTED LIVING FACILITY vs AGENCY FOR HEALTH CARE ADMINISTRATION (2017)

Division of Administrative Hearings, Florida Filed: Apr. 06, 2017

Assisted Living Facility's pattern of deficient practices, starting with and stemming from an unqualified person in charge, should result in denial of license renewal, fines, and survey fees.

17-001589 AGENCY FOR HEALTH CARE ADMINISTRATION vs RSC HIDDEN OAKS OF FORT MYERS, D/B/A HIDDEN OAKS OF FORT MYERS (2017)

Division of Administrative Hearings, Florida Filed: Mar. 16, 2017

The issues in these consolidated cases are whether the Agency for Health Care Administration (AHCA or Agency) should discipline (including the imposition of administrative fines and survey fees) RSC Hidden Oaks Fort Myers LLC, d/b/a Hidden Oaks of Fort Myers (Hidden Oaks), for the statutory and rule violations alleged in the December 29, 2016, Administrative Complaint; and whether AHCA should renew the assisted living facility (ALF) license held by Hidden Oaks.Consolidated cases: AHCA substantiated the allegations in the 8-count AC. An admin. fine of $4500 and survey fees of $1500 are appropriate. The Notice of Intent to Deny the ALF license should be upheld based on the repeated deficiencies proven at hearing.

17-001591 RSC HIDDEN OAKS OF FORT MYERS, D/B/A HIDDEN OAKS OF FORT MYERS vs AGENCY FOR HEALTH CARE ADMINISTRATION (2017)

Division of Administrative Hearings, Florida Filed: Mar. 16, 2017

The issues in these consolidated cases are whether the Agency for Health Care Administration (AHCA or Agency) should discipline (including the imposition of administrative fines and survey fees) RSC Hidden Oaks Fort Myers LLC, d/b/a Hidden Oaks of Fort Myers (Hidden Oaks), for the statutory and rule violations alleged in the December 29, 2016, Administrative Complaint; and whether AHCA should renew the assisted living facility (ALF) license held by Hidden Oaks.Consolidated cases: AHCA substantiated the allegations in the 8-count AC. An admin. fine of $4500 and survey fees of $1500 are appropriate. The Notice of Intent to Deny the ALF license should be upheld based on the repeated deficiencies proven at hearing.

16-003681RP DAYSPRING VILLAGE, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (2016)

Division of Administrative Hearings, Florida Filed: Jun. 28, 2016

The issue in this matter is whether Respondent’s proposed Florida Administrative Code Rule 59A-36.001 constitutes an invalid exercise of delegated legislative authority. Before that issue may be reached, however, it is necessary to determine whether Petitioner has standing to challenge the proposed rule.Petitioner lacked standing to challenge proposed rule 59A-36.001, because no real or immediate injury was demonstrated. Further, Petitioner failed to prove that the proposed rule is vague.

Shaddrick A Haston