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AGENCY FOR HEALTH CARE ADMINISTRATION vs REHAB AND WELLNESS SERVICES, INC., 14-005046 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-005046 Visitors: 30
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: REHAB AND WELLNESS SERVICES, INC.
Judges: JESSICA E. VARN
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Oct. 24, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 10, 2014.

Latest Update: Apr. 02, 2015
14005046_282_12242014_15132373_e

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


2014 DEC I b A II: 05


Petitioner,


V.


REHAB & WELLNESS SERVICES, INC.,


Respondent.

                                                                          I

DOAH Case No. 14-5046


AHCA No. 2014008797

Certificate Number HCC8329

File No. 8562 Provider Type: HCC Exemption

HENOlllON NO.: AHCA· ii · 0t 87 -S-OLC


FINAL ORDER


Having reviewed the Administrative Complaint, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:


  1. The Agency has jurisdiction over the above-named Respondent pursuant to Chapter 408, Part II, and Chapter 400, Part X, Florida Statutes, and the applicable authorizing statutes and administrative code provisions.


  2. The Agency issued the attached Administrative Complaint and Election of Rights form to the Respondent. (Ex. 1) The parties have since entered into the attached Settlement Agreement, (Ex. 2).


Based upon the foregoing, it is ORDERED:


  1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement.


  2. The facility's Certificate of Exemption is deemed surrendered and is cancelled and of no further effect.


  3. Each party shall bear its own costs and attorney's fees. Any requests for administrative hearings are dismissed and the above-styled case is closed.


  4. In accordance with Florida law, the Respondent is responsible for retaining and appropriately distributing all client records within the timeframes prescribed in the authorizing statutes and applicable administrative code provisions. The Respondent is advised of Section 408.810, Florida Statutes.


  5. In accordance with Florida law, the Respondent is responsible for any refunds that may have to be made to the clients.


    Filed December 24, 2014 3:13 PM Division of Adm1inistrative Hearings

  6. The Respondent is given notice of Florida law regarding unlicensed activity. The Respondent is advised of Section 408.804 and Section 408.812, Florida Statutes. The Respondent should also consult the applicable authorizing statutes and administrative code provisions. The Respondent is 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.

ORDERED at Tallahassee, Florida, on this 15 day of                            -L(  , , 2014.




ek, Secretary

alth Care Administration

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 correc of this Finawas served on the below-named persons by the method designated on thisj6:::_ f c-                             , 2014.


Richard J. Shoop, Agency C er

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

Tallahassee, Florida 32308-5403

Telephone: (850) 412-3630


Jan Mills

Facilities Intake Unit

Agency for Health Care Administration (Electronic Mail)

Thomas Jones, Unit Manager Licensure Unit

Agency for Health Care Administration

(Electronic Mail)

Katrina Derico-Harris Medicaid Accounts Receivable

Agency for Health Care Administration

(Electronic Mail)

Arlene Mayo-Davis, Field Office Manager Local Field Office

Agency for Health Care Administration

(Electronic Mail)

Shawn McCauley

Medicaid Contract Management

Agency for Health Care Administration (Electronic Mail)

Daniel A. Johnson, Senior Attorney Office of the General Counsel

Agency for Health Care Administration

(Electronic Mail)

Division of Administrative Hearings (Electronic Mail)

Dagmar Llaudy, Esquire

Law Office of Dagmar Llaudy, P.A. 814 Ponce De Leon Blvd, Suite 513 Coral Gables, Florida 33134

(U.S. Mail)


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 holds 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 satisfaction 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 licenses 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 determines 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.


Docket for Case No: 14-005046
Issue Date Proceedings
Apr. 02, 2015 Letter to parties of record from Judge Varn.
Dec. 24, 2014 Settlement Agreement filed.
Dec. 24, 2014 (Agency) Final Order filed.
Dec. 15, 2014 Letter to Judge Varn from Wells Fargo Subpoena Department regarding an extension of time within which to comply with the above matter filed.
Dec. 10, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Dec. 10, 2014 (Petitioner's) Stipulated Motion to Relinquish Jurisdiction filed.
Dec. 02, 2014 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 20, 2015; 9:00 a.m.; Miami, FL).
Dec. 02, 2014 CASE STATUS: Motion Hearing Held.
Nov. 25, 2014 Respondent's Motion to Reschedule December 22, 2014 Hearing by Video Teleconference filed.
Nov. 25, 2014 Respondent's Motion to Reschedule December 22, 2014 Hearing by Video Teleconference filed.
Nov. 14, 2014 Agency's Notice of Production From Non-Party filed.
Nov. 14, 2014 Agency's Notice of Production From Non-Party filed.
Nov. 04, 2014 Order of Pre-hearing Instructions.
Nov. 04, 2014 Notice of Hearing by Video Teleconference (hearing set for December 22, 2014; 9:00 a.m.; Miami and Tallahassee, FL).
Nov. 03, 2014 Joint Response to Inital Order filed.
Oct. 28, 2014 Agency's First Request for Production to Respondent filed.
Oct. 28, 2014 Agency's First Request for Admissions filed.
Oct. 28, 2014 Petitioner's Notice of Service of First Set of Interrogatories filed.
Oct. 27, 2014 Initial Order.
Oct. 24, 2014 Administrative Complaint filed.
Oct. 24, 2014 Election of Rights filed.
Oct. 24, 2014 Respondent's Petition to Request Administrative Hearing filed.
Oct. 24, 2014 Notice (of Agency referral) filed.

Orders for Case No: 14-005046
Issue Date Document Summary
Dec. 16, 2014 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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