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STATE OF FLORIDA A. !u' .L... ,M. .V• Vi
AGENCY FOR HEALTH CARE ADMINISTRATION
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STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRA TION,
Petitioner,
V.
AT LIBERTY ASSISTED LIVING FACILITY, LLC,
Respondent.
/
FINAL ORDER
2017 FEB - 3 A 8: 21
DOAH Nos. 16-3861
16-4888
AHCA Nos. 2015009303
2016007207
License No. 12537
File No. 11968632
Provider Type: Assisted Living Facility
Rc:\lDlllON NO.: /\HCA· \1 - C) \ lo-S-OLC
Having reviewed the Administrative Complaint, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:
The Agency issued the attached Administrative Complaint, and the Amended Notice of Intent to deny and Election of Rights form to the Respondent. (Composite Ex. I) The parties have since entered into the attached Settlement Agreement, which is adopted and incorporated by reference into this Final Order. (Ex. 2)
Based upon the foregoing, it is ORDERED:
The license of At Liberty Assisted Living Facility, LLC's ("At Liberty") is REVOKED effective December 15, 2016. The individuals identified in the settlement agreement are prohibited from applying for and holding an Agency license in accordance with the terms of the settlement agreement. An administrative fine of $3,291.00 is imposed on At Liberty but STAYED in accordance with the terms of the settlement agreement.
In accordance with Florida law, the At Liberty is responsible for retammg and appropriately distributing all client records within the timeframes prescribed in the authorizing statutes and applicable administrative code provisions. At Liberty is advised of Section 408.810, Florida Statutes.
In accordance with Florida law, At Liberty is responsible for any refunds that may have to be made to the clients.
At Liberty is given notice of Florida law regarding unlicensed activity. At Liberty is advised of Section 408.804 and Section 408.812, Florida Statutes. At Liberty should also consult the applicable authorizing statutes and administrative code provisions. At Liberty is notified that the revocation 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 this2 day of kh , 2017.
----- re Administration
retary
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 ofrendition of the order to be reviewed.
I CERTIFY that a true and correct of this Final Or er was served on the below-named persons by the method designated on this ay of -r'"'-,,,,,,, tLG.r- , 2017.
oop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3
Tallahassee, Florida 32308
Telephone: (850) 412-3630
Jan Mills Facilities Intake Unit Agency for Health Care Administration (Electronic Mail) | Laura Manville Assisted Living Facility, Unit Manager Licensure Unit Agency for Health Care Administration (Electronic Mail) |
Central Intake Unit | Arlene Mayo-Davis, Field Office Manager |
Agency for Health Care Administration | Local Field Office |
(Electronic Mail) | Agency for Health Care Administration |
(Electronic Mail) |
Katrina Derico-Harris Medicaid Accounts Receivable Agency for Health Care Administration (Electronic Mail) | Lourdes Naranjo, Senior Attorney Office of the General Counsel Agency for Health Care Administration (Electronic Mail) |
Shawn McCauley Medicaid Contract Management Agency for Health Care Administration (Electronic Mail) | Alvin Hill, Administrator At Liberty Assisted Living Facility, LLC 1897 N.W. 44th Avenue Miami, Florida 33142 (U.S. Mail) |
Honorable Mari Li Creasy Administrative Law Judge Division of Administrative Hearings (Electronic Filing) | David A. Wolis, Esquire Law Office of David A. Wolis, P.A. 2875 Northeast 19 P1 Street, Suite 405 Aventura, Florida 33142 (U.S. Mail) |
(!) 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.
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.
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.
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.
Any person or entity that fails to cease operation after agency notification may be fined $1,000 for each day of noncompliance.
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.
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.
Any person aware of the operation of an unlicensed provider must report that provider to the agency.
| Issue Date | Document | Summary |
|---|---|---|
| Feb. 03, 2017 | Agency Final Order |
