Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: KONA PROPERTIES, LLC, D/B/A GREENLEAF ASSISTED LIVING, LLC
Judges: JOHN D. C. NEWTON, II
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Apr. 16, 2020
Status: Closed
Recommended Order on Wednesday, November 25, 2020.
Latest Update: Jan. 13, 2025
Summary: Did Respondent, Kona Properties, LLC, d/b/a Greenleaf Assisted Living, LLC (Greenleaf), violate section 429.26(7), Florida Statutes (2019),1 and Florida Administrative Code Rule 59A-36.007(1) and, if so, what penalty should be imposed? (Count I) Did Greenleaf violate section 429.176 and 429.52(4) and (5) and rule 59A-36.010? If it did, what penalty should be imposed? (Count II) Did Greenleaf violate rule 59A-36.010(2) and, if so, what penalty should be imposed? (Count III) Should the Agency impo
Summary: Did Respondent, Kona Properties, LLC, d/b/a Greenleaf Assisted Living, LLC (Greenleaf), violate section 429.26(7), Florida Statutes (2019),1 and Florida Administrative Code Rule 59A-36.007(1) and, if so, what penalty should be imposed? (Count I) Did Greenleaf violate section 429.176 and 429.52(4) and (5) and rule 59A-36.010? If it did, what penalty should be imposed? (Count II) Did Greenleaf violate rule 59A-36.010(2) and, if so, what penalty should be imposed? (Count III) Should the Agency impose a survey fee upon Greenleaf pursuant to section 429.19(7)? If so, what amount of fee should be imposed? (Count IV) Did Greenleaf commit one or more Class I violations justifying revocation of its license under section 429.14(1)(e)1.? (Count V) Did Greenleaf violate the background screening requirements of sections 408.809, 429.174, and 435.06(2)(a) through (d)? If so, what penalty should be imposed? (Count VI) Did Greenleaf violate rule 59A-35.110 by not making timely adverse incident reports, and, if so, what penalty should be imposed? (Count VII)AHCA did not prove inadequate training, no background screening, that an adverse incident report was required, and a basis for survey fee imposition by clear & convincing evidence. Hearsay alone will not support a finding of fact.
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20001469_282_05242021_12033607_e
V
STATE OF FLORIDA n
AGENCY FOR HEALTH CARE ADMINISTRATION 2021 MAY ! Q p !2: 35
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, | AHCA Nos. 2019008343 2020002754 |
| 2020003778 |
Petitioner, | 2020002132 |
V. | DOAH Nos.: 20-1469 20-1890 |
KONA PROPERTIES, LLC d/b/a GREENLEAF ASSISTED LIVING, LLC,
Respondent.
/
License No.: 8051
File No.: 11932406
Provider Type: Assisted Living Facility
RENDITION NO.: AHCA- 2.. \ - L\ <o -S-OLC
FINAL ORDER
Having reviewed the attached First Amended Administrative Complaint and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:
The Agency issued a First Amended Administrative Complaint (Ex. 1) to Respondent. The Parties have since entered into the attached Settlement Agreement, which is adopted and incorporated by reference into this Final Order. (Ex. 2).
The Parties shall comply with all terms contained in the Settlement Agreement.
ORDERED at Tallahassee, Florida, on this /} day of_,,,i,\ -r ' 2021.
moak, Acting Deputy Secretary gen y alth Care Administration
NOTICE OF RIGHT TO JUDICIAL REVIE\\/
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.
Filed May 24, 2021 12:03 PM Division of Administrative Hearings
CERTIFICATE OF SERVICE
I CERTIFY that a true and correc y ofthis Final Order '5erved on the below-named persons by the method designated on this ay of ., , 1/ , 2021.
Ric a .,...,.,._,vop, genby Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3
Tallahassee, Florida 32308
Telephone: (850) 412-3630
Facilities Intake Unit Agency for Health Care Administration (Electronic Mail) | Central Intake Unit Agency for Health Care Administration (Electronic Mail) |
Andrew B. Thomquest, Senior Attorney Office of the General Counsel Agency for Health Care Administration (Electronic Mail) | Shaddrick Haston, Esq. Ullman Bursa Law 3812 Coconut Palm Drive, Suite 200 Tampa, Florida 33619 shaston@ublawoffices.com (Electronic Mail) |
Chirag Amin, Controlling Interest Kona Properties, LLC d/b/a Greenleaf Assisted Living, LLC 509 West Verona Street Kissimmee, FL 34741 (U.S. Mail) | John D. C. Newton, II, Administrative Law Judge Division of Administrative Hearings (Electronic Mail) |
Keisha Woods, Manager Assisted Living Unit Agency for Health Care Administration (Electronic Mail) | Theresa DeCanio, Field Office Manager Regional Field Office -Region 7 Agency for Health Cari::! Administration (Electronic Mail) |
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Docket for Case No: 20-001890
| Issue Date |
Proceedings |
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May 24, 2021 |
Settlement Agreement filed.
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May 24, 2021 |
Agency Final Order filed.
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Nov. 25, 2020 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Nov. 25, 2020 |
Recommended Order (hearing held June 15 through 17, 2020). CASE CLOSED.
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Sep. 09, 2020 |
Agency's Notice of Withdrawal of Paragraphs 126-129 and 134 of the Agency's Proposed Recommended Order filed.
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Aug. 27, 2020 |
Respondent's Proposed Recommended Order filed.
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Aug. 26, 2020 |
Agency's Proposed Recommended Order filed.
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Aug. 06, 2020 |
Order Granting Extension of Time.
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Aug. 06, 2020 |
Agency's Response to Respondent's Motion for Extension of Time to File Proposed Recommended Orders filed.
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Aug. 05, 2020 |
Opposed Motion for Extension of Time to File Proposed Recommended Orders filed.
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Jul. 29, 2020 |
Notice of Filing Transcript.
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Jul. 28, 2020 |
Transcript of Proceedings (Volume 1-4; not available for viewing) filed. |
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Jun. 15, 2020 |
CASE STATUS: Hearing Held. |
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Jun. 09, 2020 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
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Jun. 05, 2020 |
Joint Pre-Hearing Stipulation filed.
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Jun. 05, 2020 |
Order of Discharge and Statement of Status of Count II.
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Jun. 03, 2020 |
Notice of Taking Deposition via Zoom filed.
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Jun. 03, 2020 |
Notice of Taking Deposition via Zoom filed.
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Jun. 02, 2020 |
CASE STATUS: Pre-Hearing Conference Held. |
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May 27, 2020 |
Notice of Hearing by Zoom Conference (hearing set for June 15 through 17, 2020; 9:00 a.m.; Tallahassee; amended as to Type of Hearing).
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May 26, 2020 |
Respondent's Response to Count II of the Agency's Complaint (filed in Case No. 20-001890).
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May 26, 2020 |
(Response) Amended Petition for Formal Hearing filed.
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May 22, 2020 |
Agency's Amended Motion for Clarification of Order to Show Cause filed.
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May 22, 2020 |
Agency's Motion for Clarification of Order to Show Cause filed.
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May 22, 2020 |
Joint Notice of Completion of Common System for Resident and Staff Identifiers filed.
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May 22, 2020 |
Order to Show Cause.
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May 15, 2020 |
Agency's Memorandum of Law in Support of Count II of Administrative Complaint in Case No. 20-1469 filed.
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May 15, 2020 |
First Amended Administrative Complaint filed.
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May 07, 2020 |
Order of Consolidation (DOAH Case Nos. 20-1469 and 20-1890)
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May 07, 2020 |
Pre-Hearing Order.
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Apr. 24, 2020 |
Joint Response to Initial Order and Motion to Consolidate filed.
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Apr. 17, 2020 |
Initial Order.
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Apr. 16, 2020 |
Petition for Formal Hearing filed.
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Apr. 16, 2020 |
Administrative Complaint filed.
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Apr. 16, 2020 |
Notice (of Agency referral) filed.
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Orders for Case No: 20-001890
| Issue Date |
Document |
Summary |
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May 10, 2021 |
Agency Final Order
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Nov. 25, 2020 |
Recommended Order
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AHCA did not prove inadequate training, no background screening, that an adverse incident report was required, and a basis for survey fee imposition by clear & convincing evidence. Hearsay alone will not support a finding of fact.
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