SB'd TATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, AHCA No.: 2003002988 AIRBORNE EXPRESS v. Airbill No.: 1496719943 Airbill No.: 1496719840 ST. CATHERINE’S T.L.C., INC., 0D- D347 Respondent. / an ADMINISTRATIVE COMPLAINT COMES NOW the Agency for Health Care Administration (the “Agency” or “AHCA”), by and through the undersigned counsel, and files this administrative complaint against Catherine Blackwood, individually and St. Catherine’s T.L.c., Inc., (hereinafter “St. Catherine T.L.C.” or “Respondent”), pursuant to Chapter 400, Part iI, andl Section 120.60, Florida Statutes (“Fla. Stat.”), (2002), and alleges: NATURE OF THE ACTION 1. This is an action to impose an administrative fine of $157,000.00 ($1,000 per day from December 1, 2002 to May 6, 2003) plus $1,000.00 per day thereafter until the time respondent ‘ceases operation of an assisted living facility, pursuant to Section 400.419(6), Fla. Stat. ANBWLd¥dad W937 YOHY BE:68 £@B~C-ET-\0N (2002), for the protection of the public health, safety and welfare. JURISDICTION AND VENUE 2. This Court has jurisdiction pursuant to Sections 120.569 and 120.57 Fla. Stat., Chapter 28-106, Florida Administrative Code. 3. Venue lies in Broward County, pursuant to Section 120,57 Fla. Stat, and Rule 28-106.207, Florida Administrative Code. PARTIES 4. AHCA is the regulatory authority responsible for licensure and enforcement of all applicable statutes and rules governing adult living facilities, pursuant to Chapter 400, Part III, Florida Statutes (2002), and Chapter 58A-S Florida Administrative Code. 5. St. Catherine’s T.L.C. Inc., was previously licensed tc operate a licensed Assisted Living Facility at 9990 NW 41°* Street, Cooper City, Florida 33024. COUNT I ST. CATHERINE’S T.L.C., OPERATES AN ASSISTED LIVING FACILITY WITHOUT A LICENSE AS REQUIRED BY STATUTE. SECTIONS 400.408(1) (a), 400.414(1) (m), and 400.419(6), FLORIDA STATUTES iNaWlesédad TWIS7 BOHY BE:6B EBVC-ET-Ab aQ'd 6. AHCA re-alleges and incorporates paragraphs one (Ll) through five (5) as if fully set forth herein. 7. Section 400.419(6), Fla. Stat., provides that any unlicensed facility that continues to operate after agency notification is subject to a $1,000 fine per day. 8. Since or about December 1, 2002, St. Catherine’s T.L.Cc., Inc., has knowingly operated an assisted living facility without the benefit of obtaining a license as required by law. The facts upon which this Administrative Complaint is based are as follows: 9. On May 17, 2002, the Agency issued a Notice of Intent to Deny letter, denying Respondent’s application for license renewal. Respondent requested a hearing, which was denied by Final Order Denying Request for Hearing dated October 11, 2002 (an amended final order was entered on January 30, 2003 to correct a scrivener’s error). The Final Order Denying Request for Hearing was served on Respondent on November 7, 2002 and the residents residing at Respondent’ s assisted living facility were relocated. 10. On or about December 1, 2003, Respondent resumed operation of an assisted living facility without the penefit of obtaining a license. The operation of an unlicensed assisted living facility adversely affects ard poses a threat to the health, safety, and welfare of the 3 LNANLdébdSd W957 YOHs BE:60 LBe-3T--A0l residents. 11. The Agency and Respondent are presently involved in Injunctive Proceedings before the 17*" Judicial Circuit for Broward County (Circuit Case No. 02-020769(11)), wherein the Agency has petitioned the Court to enjoin Respondent from operating an illegal assisted living facility in Broward County. The Case is presently set for Trial on the four-week period of June 23, 2003. 12. Respondent has erroneously contended in the Injunction Proceedings that the Circuit Court should stay the Injunctive Proceedings pending resolution of an appeal before the 4‘* ‘District Court of Appeal, which will determine whether Respondent was entitled to a hearing prior to the license denial by the Agency. Only the Agency or the 4%? District Court of Appeal can grant a Stay to the administrative proceedings denying Respondent’s license to operate an assisted living facility. To date, Respondent has not obtained a Stay of the administrative proceedings denying her license renewal. As such, Respondent is not authorized to operate an assisted living facility in the State of Florida. 13. The Agency, in its continuous efforts to end Respondent’s illegal operation of an assisted living facility served Respondent with a Notice of Violation 8@"d INAMWLasd3d (WIST YoHe BE:68 fBBZ-5T-AW letter on or about February 5, 2001. The letter notified Respondent that the Agency considered her to be operating an assisted living facility in violation of Section 400.408(1) (a), Fla. Stat-, which provides that it is unlawful to operate or maintain an unlicensed living facility without obtaining a valid license from the Agency. 14. Respondent responded to the Agency’s Notice of Violation letter with a letter from her counsel dated February 6, 2003 denying that Respondent was operating as an assisted living facility without a license. However, un pleadings in the Injunction case pending before the Circuit Court, Respondent at no time denies that her license renewal has been denied by the Agency. 15. In its latest pleadings, on a Motion for Continuance filed on or about April 10, 2003, the Respondent states in paragraph 4 that the issue concerning whether the Agency “..acted properly in failing to renew the Defendant’s (Respondent) license to operate an assisted living facility is presently on appeal before the Fourth District Court of Appeal..” Additionally, Respondent argues in paragraph 6 that should the Broward Circuit Court grant an Injunction prohibiting the operation of the assisted living facility and subsequently the Fourth District Court of Appeal rules favorably for Respondent the damage for 60"d ANSWleddad WIS BOHe BE:68 £BGE-ST-ABW QT" Respondent “would be done”. The fact Respondent argues she would suffer damages if she were enjoined from operating an assisted living facility implies that she is in fact, operating without a license. 16. Despite every effort by the Agency, Respondent continues to operate an assisted living facility without a license. 17. Based on the forgoing facts, St. Catherine T.L.C., Inc., violated Sections 400.408(1) (a), Florida Statutes which warrants a fine of $157,000.00 ($1,000.00 per day from December 1, ‘2002 to May 6, 2003) plus $1,000.00 per day thereafter until the time respondent ceases operation of an assisted living facility, pursuant to sections 400.414(1) (m), and 400.419(6), Florida Statutes. CLAIM FOR RELIEF WHEREFORE, the Agency xequests the Court to order the following relief: 1. Enter a judgment in favor of the Agency for Health Care Administration against St. Catherine T.L.C., Ine. on Count I. 2. Assess an administrative fine of $157,000.00 plus $1,000.00 per day until operation of the assisted living ANAWLYedad TWIST YOHY SF:68 e@e-51T-.0H TT" facility ceases, against St. Catherine’s T.L.C., Inc., for violation of Sections 400.408(1){a), 400.414(1) (m), and 400.419(6), Florida Statutes. 3. Assess costs related to the investigation and prosecution of this matter. 4. Grant such other relief as this Court deems is just and proper. Respondent is notified that it has a right to request an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes (2002). Specific options for administrative ection are set out in the attached Election of Rights and explained in the attached Explanation of Rights. All requests for hearing shall be made to the Agency for Health Care Administration, and delivered to the Agency Clerk, Agency for Health Care Administration, Manchester Building, 2727 Mahan Drive, MS #3, Tallahassee, Florida 32308. RESPONDENT IS FURTHER NOTIFIED THAT THE FAILURE TO RECEIVE A REQUEST FOR A HEARING WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF THIS COMPLAINT WILL RESULT IN AN ADMISSION OF THE FACTS ALLEGED IN THE COMPLAINT AND THE ENTRY OF A FINAL ORDER BY THE AGENCY. ANSWLabd3ad T9S7 BIHY BE:6B8 LB@e-G1-AUW _ 4) Alba M. Rodriguez Assistant General Counsel Agency for Health Care Administration 8355 N. W. 53 Street Miami, Florida 33166 Copies furnished to: Diane Reiland Filed Office Manager Agency for Health Care Administration 1710 E.- Tiffany Drive - Suite 100 West Palm Beach, Florida 33407 (U.S. Mail) Jean Lombardi Finance and Accounting Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice Mail) Assisted Living Facility Program Unit Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice Mail) LNAWLagd3d THIS YOHE B£:68 FBBZ-ET—A0H CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by overnight mail to St. Catherine’s T.L.C., Inc., 9990 N. W. 42 Street, Cooper City, Florida 33024; Catherine Blackwood, 2611 N. W. 115 Terrance, Coral Springs, Florida 33065 on this Ping day of Qpten TH: Radars Alba M. Rodriguez Ay May, 2003. INAWLasd3d TWIST YSHY 6£:68 f@bic-ET-Adb!

Docket for Case No: 03-002247