STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AGENCY FOR HEALTH CARE )

ADMINISTRATION, )

)

Petitioner, )

)

vs. ) Case No. 12-1560MPI

) NEW LIFE ASSISTED LIVING, INC., ) d/b/a NEW LIFE ASSISTED LIVING ) FACILITY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing was held in this case on July 30, 2012, by video teleconference with connecting sites in West Palm Beach and Tallahassee, Florida, before Errol H. Powell, an Administrative Law Judge of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Jeffries H. Duvall, Esquire

Agency for Health Care Administration Fort Knox Building III, Mail Station 3 2727 Mahan Drive

Tallahassee, Florida 32308

For Respondent: J. Garry Rooney, Esquire

Rooney & Rooney, P.A. Second Floor, Suite 20 2145 - 14th Avenue

Vero Beach, Florida 32960-4414

STATEMENT OF THE ISSUE

The issue for determination is whether Respondent committed the offense set forth in Petitioner's letter of agency action dated March 9, 2012, and, if so, what action should be taken.

PRELIMINARY STATEMENT

By agency action letter dated March 9, 2012, the Agency for Health Care Administration, hereinafter AHCA, notified New Life Assisted Living, Inc., d/b/a New Life Assisted Living Facility, hereinafter New Life, that, in accordance with section 409.913, Florida Statutes, and Florida Administrative Code Rule 59G- 9.070, AHCA was imposing a fine against New Life in the amount of $7,000.00 for violating rule 59G-9.070(7)(e), in that New Life violated federal and state laws, including the failure to maintain a current Health Assessment, Resident Service Plan, and Certification of Medical Necessity for consumers E.H., I.M., J.S., K.L., M.B., R.F., and R.J. New Life challenged AHCA's action and requested a hearing. On April 27, 2012, this matter was referred to the Division of Administrative Hearings.

At hearing, AHCA presented the testimony of two witnesses, including the owner/administrator of New Life, and entered ten exhibits (Petitioner's Exhibits numbered 1 through 3, 4A, 4B, 4C, 4D, 4E, 4F, and 4G) into evidence. New Life presented no witnesses and entered one exhibit (Respondent's Exhibit numbered

1) into evidence. Additionally, the undersigned took Official

Recognition of chapter 409, Florida Statutes; Florida Administrative Code chapter 59G; Florida Medicaid Assistive Care Services Coverage and Limitations Handbook, July 2009; and Florida Medicaid Provider General Handbook, January 2007 and July 2008.

A transcript of the hearing was ordered. At the request of the parties, the time for filing post-hearing submissions was set for more than ten days following the filing of the transcript. The transcript, consisting of one volume, was filed on August 14, 2012. An extension of time to file post-hearing submissions was granted. The parties timely filed their post- hearing submissions, which were considered in the preparation of

this Recommended Order.

FINDINGS OF FACT

1. At all times material hereto, New Life was issued individual Medicaid provider number 140680900.

2. At all times material hereto, New Life was enrolled as an assisted living facility.

3. At all times material hereto, New Life had a valid Medicaid Provider Agreement with AHCA (Agreement).

4. Under the Agreement, New Life was authorized to provide assistive living services to Medicaid recipients.

5. The Florida Medicaid Assistive Care Services Coverage and Limitations Handbook, effective July 2009, hereinafter

   
   

   Handbook, provides, among other things, requirements of Medicaid home health services providers and sets forth pertinent Medicaid policies and service requirements. The Handbook is provided to each Medicaid provider upon enrollment into the Medicaid program and is available online. Each provider is expected and presumed to be familiar with the Handbook.

6. The Handbook was incorporated by reference into rule 59G-4.025, Assistive Care Services.

7. No dispute exists that, at all times material hereto, New Life was an assistive care services provider as defined by the Handbook.

8. The Handbook provides in pertinent part:

   
   

   Recipients receiving Assistive Care Services must have a complete assessment at least annually . . . or sooner if a significant change in the recipient's condition occurs

   . . . . An annual assessment must be completed no more than one year plus fifteen days after the last assessment. An assessment triggered by a significant change must be completed no more than fifteen days after the significant change.

   
   

   The assessment for a resident of a ALF . . . must be completed by a physician or other licensed practitioner of the healing arts (Physician Assistant, Advanced Registered Nurse Practitioner, Registered Nurse) acting within the scope of practice under state law, physician assistant or advanced registered practitioner.

   
   

   * * *

   
   

   The assessment for ALF [assisted living facility] residents must be recorded on the Resident Health Assessment for Assisted Living Facilities, AHCA Form 1823.

   * * * Along with the annual assessment

   requirement, all recipients receiving ACS

   [Assistive Care Services] must have an updated Certification of Medical Necessity for Medicaid Assistive Care Services, AHCA- Med Serv Form 035, July 2009, signed by a physician or other licensed practitioner of the healing arts (Physician Assistant, Advanced Registered Nurse Practitioner, Registered Nurse) and the Resident Service Plan for Assistive Care Services, AHCA-Med Serv Form 036, July 2009, completed and available in the recipient's case file at the facility.

   
   

   * * *

   
   

   Every ACS recipient must have a service plan completed by the ACS service provider. The Resident Service Plan for Assistive Care Services, AHCA-Med Serv Form 036, July 2009, shall be used for each recipient receiving ACS. The form must be included in the recipient's case file at the facility. The ALF, RTF [residential medical facility] and AFCH [adult family care home] are responsible for ensuring the service plan is developed and implemented.

   
   

   * * *

   
   

   The Resident Service Plan for Assistive Care Services (AHCA-Med Serv Form 036) must be completed within 15 days after the initial health assessment or annual assessment, be in writing and based on information contained in the health assessment. . . .

   
   

   * * *

   
   

   A new service plan is required on an annual basis or sooner if a significant change in the recipient's condition occurs. The new service plan must be completed no more than

   15 days after the annual assessment or an assessment because of a significant change in the recipient's condition.

   
   

   * * *

   
   

   In addition to records required by the applicable licensure standards, ACS records that must be kept include:

   Copies of all eligibility documents; Health Assessment Forms, AHCA Form 1823

   . . .;

   
   

   Certification of Medical Necessity for Medicaid Assistive Care Services, AHCA-Med Serv Form 035;

   
   

   The Resident Service Plan for Assistive Care Services, AHCA-Med Serv Form 036; and

   
   

   The Resident Service Log, AHCA-Med Serv Form 037.

   
   

   This documentation must be maintained at the facility, kept for at least five years, and be made available to the Agency for Health Care Administration monitoring or surveyor staff or its designated representative, upon request. . . .

   
   

   * * *

   
   

   ACS documentation may be in electronic format. The original, signed . . . documents must be kept in the recipient's case file in the facility . . . for audit, monitoring and quality assurance

   purposes. . . .

   
   

   Handbook at P 2-7 through 2-11.

   
   

9. AHCA's investigator performed a site visit at New Life on December 8, 2011. The investigator reviewed case files of residents for the service-period covering January 1, 2011, through November 30, 2011 (service-period).

10. AHCA's investigator found deficiencies in the case files of seven residents at New Life: M.B.; R.F.; E.H.; R.J.; I.M.; K.L.; and J.S. Additional documents, not contained in the case files during the site visit, were provided subsequent to the site visit.

11. Regarding Resident M.B., the Health Assessment and the Resident Service Plan were dated August 17, 2010, which was after the service-period; and the Certification of Medical Necessity was dated March 28, 2012, which was not within the service-period and after the site visit.

12. The evidence demonstrates that the case file of Resident M.B. lacked the Health Assessment, Resident Service Plan, and Certification of Medical Necessity for the service- period.

13. As to Resident R.F., the Health Assessment was dated January 1, 2011, which was within the service-period but not up- to-date; the Resident Service Plan was up-to-date; and the Certification of Medical Necessity was dated March 1, 2012, which was not within the service-period and after the site visit.

    
    

14. The evidence demonstrates that the case file of Resident R.F. lacked the Health Assessment and Certification of Medical Necessity for the service-period.

15. Regarding Resident E.H., the Health Assessment was dated January 24, 2011, and was up-to-date; the Resident Service Plan was not provided; and the Certification of Medical Necessity was dated September 27, 2002, with no more recent Certification of Medical Necessity.

16. The evidence demonstrates that the case file of Resident E.H. lacked the Resident Service Plan and Certification of Medical Necessity for the service-period.

17. As to Resident R.J., the parties stipulated that the Health Assessment was up-to-date; the Resident Service Plan was not provided; and the Certification of Medical Necessity was dated February 29, 2012, which was not within the service-period and after the site visit.

18. The evidence demonstrates that the case file of Resident R.J. lacked the Resident Service Plan and Certification of Medical Necessity for the service-period.

19. Regarding Resident I.M., the Health Assessment and the Resident Service Plan were up-to-date; and the Certification of Medical Necessity was dated March 1, 2012, which was not within the service-plan and after the site visit.

    
    

20. The evidence demonstrates that the case file of Resident I.M. lacked the Certification of Medical Necessity for the service-period.

21. As to Resident K.L., the Health Assessment was dated March 1, 2012, which was not within the service-period and after the site visit; the Resident Service Plan was not provided; and the Certification of Medical Necessity was provided, but the date as to the year was unintelligible even though the month and day were intelligible, i.e., March 1.

22. The evidence demonstrates that the case file of Resident K.L. lacked the Health Assessment, Resident Service Plan, and Certification of Medical Necessity for the service- period.

23. Regarding Resident J.S., the Health Assessment was dated August 22, 2009, which was not within the service-period; the Resident Service Plan was not provided; and the Certification of Medical Necessity was dated February 29, 2012, which was not within the service-period and was after the site visit.

24. The evidence demonstrates that the case file of Resident J.S. lacked the Health Assessment, Resident Service Plan, and Certification of Medical Necessity for the service period.

    
    

25. The Director and owner of New Life is Ethel Newton.

    
    

    Ms. Newton has been the Director and owner for the past 13 years. She was not familiar with the Health Assessment form, the Resident Service Plan form, or the Certification of Medical Necessity form. Ms. Newton advised AHCA's investigator that she was not familiar with the forms and admitted same at the hearing.

26. Ms. Newton historically depended upon the assistance of the Department of Children and Family Services (DCF) to complete any required forms. She depended upon DCF until 2005 when DCF closed its local office which had been assisting her. After DCF closed its local office, Ms. Newton depended upon the residents' case managers at New Horizons, an agency where the residents' physicians are located, to complete any required forms. Five of the seven residents had case managers at New Horizons; J.S. and E.H. did not have case managers at New Horizons. E.H. is no longer a resident at New Life.

27. Ms. Newton is willing to cooperate with AHCA and do whatever it takes to have the required forms completed timely and correctly.

28. The evidence does not demonstrate that Ms. Newton intentionally failed to complete the required forms.

29. None of the seven residents were harmed as a result of the deficiencies in the documentation.

    
    

30. No evidence was presented demonstrating that New Life has any prior administrative sanction or penalty.

31. No evidence was presented demonstrating that New Life has any prior violations.

    CONCLUSIONS OF LAW

    
    

32. The Division of Administrative Hearings has jurisdiction over the subject matter of this proceeding and the parties thereto pursuant to sections 120.569 and 120.57(1), Florida Statutes (2012).

33. No dispute exists that AHCA is responsible for administering the Medicaid program in Florida.

34. AHCA is required to "operate a program to oversee the activities of Florida Medicaid recipients, and providers and their representatives, to ensure that fraudulent and abusive behavior and neglect of recipients occur to the minimum extent possible, and to recover overpayments and impose sanctions as appropriate." § 409.913, Fla. Stat. (2009).1

35. Florida Administrative Code Rule 59G-4.025, titled Assistive Care Services, provides:

    1. This rule applies to all assistive care service providers enrolled in Medicaid under Section 409.906, F.S., who provide assistive care services.

       
       

    2. All assistive care service providers enrolled in Medicaid program must be in compliance with the Florida Medicaid Assistive Care Services Coverage and

       
       

       Limitations Handbook, July 2009 which is incorporated by reference, and the Florida Medicaid Provider Reimbursement Handbook, CMS-1500, which is incorporated by reference in Rule 59G-4.001, F.A.C. Both handbooks are available from the Medicaid fiscal agent's Web Portal at http://mymedicaid- florida.com. Click on Public Information for Providers, then on Provider Support, and then on Provider Handbooks. Paper copies of the handbooks may be obtained by calling the Provider Contact Center at (800) 289-7799 and selecting Option 7.

       
       

    3. The following forms that are included in the Florida Medicaid Assistive Care Services Coverage and Limitations Handbook are incorporated by reference:

       
       

       1. Appendix B contains the Certification of Medical Necessity for Medicaid Assistive Care Services, AHCA-Med Serv Form 035, July 2009, one page. The form is available from the Medicaid fiscal agent's Web Portal at http://mymedicaid-florida.com. Click on Public Information for Providers, then on Provider Support, and then on Forms or by photocopying it from the handbook.

          
          

       2. Appendix C contains the Resident Service Plan for Assistive Care Services, AHCA-Med Serv Form 036, July 2009, three pages. The form is available from the Medicaid fiscal agent's Web Portal at http://mymedicaid-florida.com. Click on Public Information for Providers, then on Provider Support, and then on Forms or by photocopying it from the handbook.

          
          

       3. Appendix D contains the Resident Service Log for Medicaid Assistive Care Services, AHCA-Med Serv Form 037, July 2009, one page. The form is available from the Medicaid fiscal agent's Web Portal at http://mymedicaid-florida.com. Click on Public Information for Providers, then on Provider Support, and then on Forms or by

          
          

          photocopying it from the handbook.

          
          

36. Section 409.913, Florida Statutes, provides in pertinent part:

    1. For the purposes of this section, the term:

       
       

       * * *

       
       

       1. "Fraud" means an intentional deception or misrepresentation made by a person with the knowledge that the deception results in unauthorized benefit to herself or himself or another person. The term includes any act that constitutes fraud under applicable federal or state law.

          
          

       2. "Medical necessity" or "medically necessary" means any goods or services necessary to palliate the effects of a terminal condition, or to prevent, diagnose, correct, cure, alleviate, or preclude deterioration of a condition that threatens life, causes pain or suffering, or results in illness or infirmity, which goods or services are provided in accordance with generally accepted standards of medical practice. For purposes of determining Medicaid reimbursement, the agency is the final arbiter of medical necessity. Determinations of medical necessity must be made by a licensed physician employed by or under contract with the agency and must be based upon information available at the time the goods or services are provided.

          
          

       3. "Overpayment" includes any amount that is not authorized to be paid by the Medicaid program whether paid as a result of inaccurate or improper cost reporting, improper claiming, unacceptable practices, fraud, abuse, or mistake.

       
       

       * * *

       
       

    2. The agency shall conduct, or cause to be conducted by contract or otherwise, reviews, investigations, analyses, audits, or any combination thereof, to determine possible fraud, abuse, overpayment, or recipient neglect in the Medicaid program and shall report the findings of any overpayments in audit reports as appropriate. . . Medical necessity determination requires that service be consistent with symptoms or confirmed diagnosis of illness or injury under treatment and not in excess of the patient's needs. . . .

       
       

       * * *

       
       

       1. When presenting a claim for payment under the Medicaid program, a provider has an affirmative duty to supervise the provision of, and be responsible for, goods and services claimed to have been provided, to supervise and be responsible for preparation and submission of the claim, and to present a claim that is true and accurate and that is for goods and services that:

          
          

          1. Have actually been furnished to the recipient by the provider prior to submitting the claim.

             
             

          2. Are Medicaid-covered goods or services that are medically necessary.

       
       

       * * *

       
       

       1. Are provided in accord with applicable provisions of all Medicaid rules, regulations, handbooks, and policies and in accordance with federal, state, and local law.

          
          

       2. Are documented by records made at the time the goods or services were provided, demonstrating the medical necessity for the goods or services rendered. Medicaid goods or services are excessive or not medically

       
       

       necessary unless both the medical basis and the specific need for them are fully and properly documented in the recipient's medical record.

       
       

       The agency shall deny payment or require repayment for goods or services that are not presented as required in this subsection.

       
       

       * * *

       
       

       (9) A Medicaid provider shall retain medical, professional, financial, and business records pertaining to services and goods furnished to a Medicaid recipient and billed to Medicaid for a period of 5 years after the date of furnishing such services or goods. The agency may investigate, review, or analyze such records, which must be made available during normal business hours. . . The provider is responsible for furnishing to the agency, and keeping the agency informed of the location of, the provider's Medicaid-related records. The authority of the agency to obtain Medicaid- related records from a provider is neither curtailed nor limited during a period of litigation between the agency and the provider.

       
       

       * * *

       
       

       1. The agency shall seek a remedy provided by law, including, but not limited to, any remedy provided in subsections (13) and (16) and s. 812.035, if:

          
          

          * * *

          
          

          (e) The provider is not in compliance with provisions of Medicaid provider publications that have been adopted by reference as rules in the Florida Administrative Code; with provisions of state or federal laws, rules, or regulations; with provisions of the provider agreement between the agency and the provider; or with certifications found

          
          

          on claim forms or on transmittal forms for electronically submitted claims that are submitted by the provider or authorized representative, as such provisions apply to the Medicaid program;

          
          

          * * *

          
          

          A provider is subject to sanctions for violations of this subsection as the result of actions or inactions of the provider, or actions or inactions of any principal, officer, director, agent, managing employee, or affiliated person of the provider, or any partner or shareholder having an ownership interest in the provider equal to 5 percent or greater, in which the provider participated or acquiesced.

          
          

       2. The agency shall impose any of the following sanctions or disincentives on a provider or a person for any of the acts described in subsection (15):

          
          

          * * *

          
          

          (c) Imposition of a fine of up to $ 5,000 for each violation. . . .

          
          

          * * *

          
          

          (i) Corrective-action plans that would remain in effect for providers for up to 3 years and that would be monitored by the agency every 6 months while in effect.

          
          

          * * *

          
          

          The Secretary of Health Care Administration may make a determination that imposition of a sanction or disincentive is not in the best interest of the Medicaid program, in which case a sanction or disincentive shall not be imposed.

          
          

       3. In determining the appropriate administrative sanction to be applied, or

       
       

       the duration of any suspension or termination, the agency shall consider:

       
       

       1. The seriousness and extent of the violation or violations.

          
          

       2. Any prior history of violations by the provider relating to the delivery of health care programs which resulted in either a criminal conviction or in administrative sanction or penalty.

          
          

       3. Evidence of continued violation within the provider's management control of Medicaid statutes, rules, regulations, or policies after written notification to the provider of improper practice or instance of violation.

          
          

       4. The effect, if any, on the quality of medical care provided to Medicaid recipients as a result of the acts of the provider.

          
          

       5. Any action by a licensing agency respecting the provider in any state in which the provider operates or has operated.

          
          

       6. The apparent impact on access by recipients to Medicaid services if the provider is suspended or terminated, in the best judgment of the agency.

       
       

       The agency shall document the basis for all sanctioning actions and recommendations.

       
       

37. The parties agree that the ultimate burden of proof is on AHCA to establish by a preponderance of the evidence that New Life committed the violations. Southpointe Pharmacy v. Dep't of

    HRS, 596 So. 2d 106, 109 (Fla. 1st DCA 1992); S. Medical Serv.,

    
    

    Inc. v. Ag. For Health Care Admin., 653 So. 2d 440, 441 (Fla. 3d DCA 1995).

    
    

38. The evidence demonstrates that New Life failed to have in the files of Resident M.B., Resident K.L., and Resident J.S. a Health Assessment, Resident Service Plan, and Certification of Medical Necessity for the service-period as required by the Handbook.

39. The evidence demonstrates that New Life failed to have in Resident R.F.'s file a Health Assessment and Certification of Medical Necessity for the service-period as required by the Handbook.

40. The evidence demonstrates that New Life failed to have in its file of Resident E.H. and Resident R.J. a Resident Service Plan and Certification of Medical Necessity for the service-period as required by the Handbook.

41. The evidence demonstrates that New Life failed to have in Resident I.M.'s file a Certification of Medical Necessity for the service-period as required by the Handbook.

42. Hence, the evidence demonstrates that New Life failed to comply with the Medicaid laws.

43. Florida Administrative Code Rule 59G-9.070 provides in pertinent part:

    1. PURPOSE: This rule provides notice of administrative sanctions imposed upon a provider, entity, or person for each violation of any Medicaid-related law.

       
       

       * * *

       
       

       (3) DEFINITIONS:

       
       

       * * *

       
       

       (d) A "corrective action plan" is an activity to address the specific areas of non-compliance determined by the Agency, to reduce the risk of future non-compliance.

       
       

       * * *

       
       

       (f) "Fine" is a monetary sanction. The amount of a fine shall be as set forth within this rule.

       
       

       * * *

       
       

       1. "Offense" means the occurrence of one or more violations as set forth in a final audit report. For purposes of the progressive nature of sanctions under this rule, offenses are characterized as "first", "second", "third", or "subsequent" offenses; subsequent offenses are any occurrences after a third offense.

          
          

       2. "Patient Record" means the patient's medical record, including all documentation maintained by the provider, entity, or person to document furnishing, ordering, or authorizing goods or services, and includes the documentation in multiple files if the practitioner maintains separate files for different types of documentation.

          
          

       3. "Patient Record Request" means a request by the Agency for Medicaid-related documentation or information. Such requests are not limited to Agency audits to determine overpayments or violations and are not limited to enrolled Medicaid providers. Each requesting document constitutes a single Patient Record Request.

       
       

       * * *

       
       

       (n) "Sanction" shall be any monetary or non-monetary disincentive imposed pursuant to this rule; a monetary sanction may be referred to as a "fine."

       
       

       * * *

       
       

       (q) "Violation" means any omission or act performed by a provider, entity, or person that is contrary to Medicaid laws, the laws that govern the provider's profession, or the Medicaid provider agreement.

       
       

       * * *

       
       

       (7) SANCTIONS: In addition to the recoupment of the overpayment, if any, the Agency will impose sanctions as outlined in this subsection. Except when the Secretary of the Agency determines not to impose a sanction, pursuant to Section 409.913(16)(j), F.S., sanctions shall be imposed as follows:

       
       

       * * *

       
       

       (e) For failure to comply with the provisions of the Medicaid laws: For a first offense, $ 1,000 fine per claim found to be in violation. For a second offense, $ 2,500 fine per claim found to be in violation.

       For a third or subsequent offense, $ 5,000 fine per claim found to be in violation. [Section 409.913(15)(e), F.S.] . . . .

       
       

44. AHCA suggests the sanction of a fine in the amount of

    
    

    $1,000.00 for each Resident for which a violation was found, totaling $7,000.00.

45. Under the particular circumstances of the instant case, AHCA's suggested sanction is too harsh. For several years, New Life's owner and administrator, Ms. Newton, has

    
    

    depended upon other agencies to know what forms were required to be complete and to complete the required forms. Her dependency upon the other agencies, regarding the required forms, was to the extent that, if forms were not completed, she did not consider the forms as being required. Additionally, New Life has had no prior violations under Ms. Newton's 13-year ownership and administration. Further, Ms. Newton is willing to do whatever she needs to do to comply with the Medicaid laws and to comply with AHCA's directives. Moreover, no harm to the Residents occurred.

46. A corrective action plan would be more appropriate for the particular circumstances of the instant case and beneficial to New Life and the Medicaid program.

47. Further, AHCA's Secretary has the authority not to impose the sanction provided in rule 59G-9.070(7)(e).

48. A more appropriate sanction under the particular circumstances of the instant case is a fine in the amount of

$250.00 per Resident, totaling $1,750.00.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that the Agency for Health Care Administration enter a final order:

1. Finding that New Life Assisted Living, Inc., d/b/a New Life Assisted Living Facility, violated Florida Administrative Code Rule 59G-9.070(7)(e) by failing to have in the case files of Resident M.B., Resident K.L., and Resident J.S. a Health Assessment, Resident Service Plan, and Certification of Medical

   Necessity for the service-period covering January 1, 2011, through November 30, 2011; by failing to have in the case file of Resident R.F. a Health Assessment and Certification of Medical Necessity for the service-period covering January 1, 2011, through November 30, 2011; by failing to have in the case file of Resident E.H. and Resident R.J. a Resident Service Plan and Certification of Medical Necessity for the service-period covering January 1, 2011, through November 30, 2011; and by failing to have in Resident I.M.'s case file a Certification of Medical Necessity for the service-period covering January 1, 2011, through November 30, 2011;

2. Requiring New Life Assisted Living, Inc., d/b/a New Life Assisted Living Facility to enter into a corrective action plan; and

3. Imposing a fine against New Life Assisted Living, Inc., d/b/a New Life Assisted Living Facility in the amount of

$1,750.00.

S

DONE AND ENTERED this 14th day of November, 2012, in Tallahassee, Leon County, Florida.

ERROL H. POWELL

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 14th day of November, 2012.

ENDNOTE

1/ Unless otherwise provided, all citations to Florida Statutes are 2009. Section 409.913 was last amended in 2009.

COPIES FURNISHED:

Jeffries H. Duvall, Esquire

Agency for Health Care Administration Fort Knox Building III, Mail Station 3 2727 Mahan Drive

Tallahassee, Florida 32308

J. Garry Rooney, Esquire Rooney & Rooney, P.A. Second Floor, Suite 20 2145 - 14th Avenue

Vero Beach, Florida 32960-4414

Elizabeth Dudek, Secretary

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308-5403

Stuart F. Williams, General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308-5403

Richard J. Shoop, Agency Clerk

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308-5403

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this recommended order. Any exceptions to this recommended order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 12-001560MPI

Orders for Case No: 12-001560MPI