STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION UNITED ADULT DAY CARE, INC. r Petitioner, DOAH Case No. 05-0806 v. AHCA NO. 2005000676 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, 3S > S So z “VT ASS Soe Respondent. BAe ws ro / Sie eT ptr br ae azo Ui ry FINAL ORDER a mi in o Having reviewed the Notice of Intent to Deny lette r dated attached hereto and incorporated herein and all other matters of record, January 25, 2005, (Ex. 1), the Agency for Health Care Administration (“Agency”) finds and concludes as follows: FINDINGS OF FACT 1. The Agency issued a Notice of Intent to Deny letter to Petitioner, United Adult Day Care, Inc., for violation of Chapter 400, Part V, Fla. Stat. (2005), and Chapter 58A-6, Fla. Admin. Code (2005). 2. The Notice of Intent to Deny charged that the specific basis for the denial of Petitioner’s renewal application was that the Petitioner’s Medicaid Provider Agreement was terminated from the Medicaid program on or about February 09, pursuant to Sections 400.556(2) (b),& 2005, (£), Fla. Stat. (2005). 3. The Petitioner was served the Notice of Intent to Deny on January 28, 2005, by U.S. Certified Mail, Return Receipt Required (Receipt #7160 3901 9848 6920 4629). See Exhibit 2. 4. Enclosed with the Notice of Intent to was an Election of Rights form (Ex. #3), which advised Respondent its right to a hearing pursuant to Section 120.57(1) or Section 120.57(2), Fla. Stat. (2005). 5. The Petitioner requested a formal administrative hearing.on February 09, 2006, disputing the allegations of fact contained in the Notice of Intent to Deny. See Exhibit #4. 6. On or about October 21, 2005, the new owner of the facility submitted a change of ownership application, which was complete and approved by the assisted living facility unit on October 25, 2005. CONCLUSIONS OF LAW 7. The Petitioner is an adult day care center facility over which the Agency has jurisdiction pursuant to the provisions of Section 20.42, (2005), and Chapter 400, Part Vv, Fla. Stat. (2005). Based on the foregoing findings of fact and conclusions of law, it is ORDERED: 1. Based on the facility’s new owner's submission for a change of ownership application, which was complete and approved by the assisted living facility unit on or about October 25, 2005, this matter is moot, and this case is dismissed. DONE and ORDERED this day of — SAYatc& , 2006 in Tallahassee, Leon County, Florida, Alan Levine Secretary Agency for Health Care Administration 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 BR FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Michael ©. Mathis, Esq. Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive Bldg #3 Mail Stop Code #3 Tallahassee, Florida 32308 (Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive Bldg #1 Mail Stop Code #9 Tallahassee, Florida 32308 (Interoffice Mail) Michael T. Gennett, Esquire Shutts & Bowen, LLP 201 South Biscayne Boulevard, Suite 1500 Miami, Florida 33131 (U.S. Mail) Claude B. Arrington Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399 (Inter-office Mail) Jan Mills (Interoffice Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named person(s) and entities by U.S. Mail, or by the method designated, on this Pr iay of Lae , 2006. Richard Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5873 i e i . to, t : } M JEB BUSH, GOVERNOR . , : i ALAN LEVINE, SECRETARY CERTIFIED'MAIL RETURN RECEIPT REQUESTED 5 1 January 25, 2005 Aida Maria Rigueiro : ; United Adult Day Care, Inc. ‘ : 7 . 9734-9736 SW 24th Street, Suite 100 po 7 Miami, FL 33165 ; RE: ‘CC# 2005000676 Po : 7 i NOTICE OF INTENT TO DENY Dear Ms. Rigueiro: , : It is the decision of this Agency that your renewal application for an adult day care center (ADCC) license be DENIED, The Specific Basis for this determination is: has been deriied because your Medicaid Provider Agreement has been terminated effective February 9, 2005. . EXPLANATION OF RIGHTS LAPLANATION OF RIGHTS Pursuant to Section 120.569, F.S. you have the tight to request an administrative hearing. In order to obtain a formal proceeding before the Division of Administrative Hearings under Section 120.57(1), E.S., your request for an administrative hearing must conform to the requirements in Section 28-106.201, Florida Administrative Code (F.A.C), and must state the material facts you dispute. , . : Visit AHCA Online-at “wunw fadhe.state flius {2727 Maban Drive « Mail Stop #30 ° 1 : "Tallahassee, FL 32308 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION EXPLANATION OF RIGHTS UNDER SEC. 120.569, FLORIDA STATUTES STATUTES __ (To be used with Election of Rights for NOI to Deny form — attached) final order, OPTION 2. If Respondent does not dispute any material fact alleged in the Administrative Complaint (Respondent admits all the material facts alleged in the Administrative Complaint), Respondent may, request an informal hearing pursuant to Section 120.57(2), Florida Statutes before the Agency. At the informal hearing, Respondent will be given an opportunity to present both written and oral evidence to reduce the penalty being imposed for the violations set out in the Complaint. For an informal hearing, Respondent should select OPTION 2 on the Election of Rights form. OPTION 3. ‘If the Respondent disputes the allegations set forth in the Administrative Complaint (you do not admit them) you may request a formal hearing pursuant to Section 120.57(1), Florida Statutes. To obtain a formal hearing, Respondent should select OPTION 3 on the Election of Rights form. JF YOU SELECT OPTION 3, PLEASE CAREFULLY READ THE FOLLOWING PARAGRAPH: eR RE READ THE FOLLOWING PARAGRAPH: In order to preserve the right to a hearing, Respondent's Election of Rights in this matter must be RECEIVED by AHCA within twenty-one (21) days from the date Respondent receives the Notice of Intent. If the election of rights form with Respondent's selected option is not received by AHCA within twenty-one (21) days from the date of Respondent's receipt of the Administrative Complaint, a final order will be issued finding the deficiencies and/or violations charged and imposing the penalty sought in the Complaint. STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION RE: United Adult Day Care, Inc, CASE NO: 2005000676 ELECTION OF RIGHTS FOR NOI TO DENY ’ PLEASE SELECT ONLY 1 OF THE 3 OPTIONS An Explanation of Rights is attached. OPTION ONE (1) __. Respondent does not dispute the allegations of fact contained in the Administrative Complaint and waives Resporident’s right to object or to be heard. Respondent understands that by waiving Respondent's rights, a final order will be issued that adopts the Administrative Complaint and imposes the sanctions sought. OPTION TWO (2) ___ ‘Respondent does not dispute and Respondent admits the allegations of fact in the Administrative: Complaint, but Respondent does wish to be afforded an informal proceeding, pursuant to Section 120.57(2), Florida Statutes, at which time Respondent will be permitted to submit oral and/or written evidence to the Agency in mitigation of the penalty imposed, OPTION THREE (3) ___. Respondent does dispute the allegations of fact contained in the Administrative Complaint and Respondent requests a formal hearing, pursuant to Section 120.57(1), Florida Statutes, before an Administrative Law Judge appointed by the Division of Administrative Hearings. lf Respondent chooses OPTION THREE (3), in order to obtain a forma! proceeding before the Division of Administrative Hearings under Section 120.57(1), Florida Statutes, Respondent's request for an administrative hearing must conform to the requirements in Section 28-106.201, Florida Administrative Code (F.A.C), and must state the material facts you dispute. In order to preserve Respondent’s right to a hearing, Respondent’s Election of Rights in this matter must be received by AHCA within twenty-one (21) days from the date Respondent receives the Notice of Intent. If the election of rights form with Respondent’s selected option is not received by AHCA within twenty-one (21) days from the date of the Respondent's receipt of the Administrative Complaint, a final order will be issued finding the deficiencies and/or violations charged and imposing the penalty sought in the Complaint. : If Respondent has elected. either OPTION TWO {2) or THREE (3) above and if Respondent is interested in discussing a settlement of this matter with the Agency, please also mark and check this block. Q : also Mark and check this block, EXHIBIT 74.3 r “ALAN LEVINE, SECRETARY JEBBUSH, GOVERNOR >; : i _- Certified Article: Number ? j . i CERTIFIED:MAIL RETURN sien: hares : RECEIPT REQUESTED: © iGO S901. F848: LAZO ULE re : _-*, SENDERS RECORD”: £ January 25, 2005 : 7 i . t a Aida Maria Rigueiro : i United Adult Day Care, Inc. . 9734-9736 SW 24th Street, Suite 100 fo oe Miami, FL 33165 RE: “CCH 2908000676: = Po 7 : NOTICE OF INTENT TO DENY Dear Ms. Rigueiro: : It is the decision of this Agency that your renewal application for an adult day care center (ADCC) license be DENIED. The Specific Basis for this determination is: The applicant’s failure to meet minimum license requirements pursuant to Section 400.556(2)(b) &(f), Florida Statutes (F.S.). The agency may deny a license if an individual, officer, or board member of the adult day care center, if the owner is a firm, corporation, partnership, or association, or if any person owning 5 percent or more of the center has been . terminated from the Medicare or Medicaid program. Therefore, your renewal application has been deriied because your Medicaid Provider Agreement has been terminated effective February 9, 2005. . . EXPLANATION OF RIGHTS Pursuant to Section 120.569, F.S. you have the Tight to request an administrative hearing. In order to obtain a formal proceeding before the Division of Administrative Hearings under Section 120.57(1), F.S., your request for ari administrative hearing must conform to the requirements in Section 28-106.201, Florida Administrative Code (F.A.C), and must state the material facts you dispute, Fa Visit AHCA Online-at + “www, fdhe.state flius ,2727 Mahan Drive e Mail Stop #30 . - Tallahassee, FL 32308 t EXHIBIT. #2 SPS - Track & Confirm UNITED STATES Bd POSTAL SERVICE’ Track & Confirm Search Results Label/Receipt Number: 7160 3901 9848 6920 4629 Status: Delivered Your item was delivered at 11:26 am on January 28, 2005 in MIAMI, FL 33165. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline. Track & Confirn =~ Enter Label/Receipt Number, Page 1 of 1 Home | Help Track & Confirm http://trkenfrm1 .smi.usps.com/PTSInternet Web/InterLabelInquiry.do POSTALINSPECTORS sitemap contactus governmentservices jobs National & Premier Accounts Preserving the Trust Copyright © 1999-2004 USPS. All Rights Reserved, Terms of Use Privacy Policy EXHIBIT _# 2 01/27/2006 * COMPLETE THIS SECTION ON DELIVERY WANN “TMM 39h Sai LE 42S, icle Addressed to: AIDA MARIA RIGUEIRO UNITED ADULT DAY CARE, INC. ; 9734- 9736 SW 24TH STREET, sure 100 HEALTH FacnTy COMPLIANCE MIAML FL 33165 : RE: 12961870 SENDER: 12, 11, MS #30 ——— PS Form 3811, July 2001. Domestic Retum Receipt fo : oor st aeade thom e 7bb0 390% 9848 L520 4b2q TO: UNITED ADULT DAY CARE, INC. SENDER: REFERENCE: RETURN RECEIPT | corties fee —| SERVICE Certified Fee Return Recelpt Fas Restricted Dellvery Total Postage & Fees US Postal Service POSTMARK OR DATE Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mall a @ @ @ | STATE OF FLORIDA OR ERK AGENCY FOR HEALTH CARE ADMINISTRATION 50 ; 70s FEB -9 PO UNITED ADULT DAY CARE, INC, CASE NO. Petitioner, AHCA CC# 2005000676 v. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / PETITION FOR FORMAL ADMINISTRATIVE HEARING Petitioner, United Adult Day Care, Inc. (hereafter “United”), by...and.through. its undersigned counsel hereby files this Petition for Formal Administrative Hearing pursuant to Sections 120.569 and 120.57(1), Florida Statutes and Chapter 28.106, Florida Administrative Code and in support thereof states the following: 1. This is a Petition for Formal Administrative Hearing pursuant to Section 28- 106,201, Fla. Admin. Code. I. STATEMENT OF THE PARTIUS 2, Petitioner, is licensed as an adult day care center in the State of Florida. — Its address is 9734-9736 S.W. 24"" Street, Suite 100, Miami, Florida 33165, but for purposes of this proceeding shall be that of the undersigned attorney. 3, The Agency affected is the Agency for Health Care Administration ((AHCA”), whose address is 2727 Mahan Drive, Mail Stop #34, Tallahassee, Florida, 32308. AHCA is the Agency responsible for licensing and regulating adult day care centers. The Agency case {he number is reflected above. ExHipit _## 4 Tt. STATEMENT OF NOTICE 4. AHCA and the Division of Administrative Hearings have jurisdiction over this matter pursuant to Sections 120.569 and 120.57(1), Florida Statutes and Chapter 28-106, Florida Administrative Code. .. 5,....- United has standing to make this Petition. because its. substantial interests have been affected by the Agency action complained of, as will more particularly be set forth below. 6. This Petition of Formal Administrative Hearing arises out of a notice from AHCA indicating that United’s renewal application for its adult day care center license is denied (the “Notice of Intent ta Deny"). A copy of the Notice is attached hereto. The stated grounds for denial of United’s license renewal application is that United’s Medicaid Provider Agreement has been terminated effective February 9, 2005. Dl. STATEMENT OF SUBSTANTIAL INTEREST 7. United’s substantial interests will be in Florida. IV, STATEMENT OF DISPUTED ISSUES OF MATERTAL FACTS 8. The parties dispute whether any legally sufficient grounds for the denial of iis license renewal application exist. V. STATEMENT OF FACTS WARRANTING REVERSAL OR MODIFICATION OF DOH’S PROPOSED ACTION’ 9. The stated grounds for denying United’s license renewal application simply do not exist. Therefore, the Notice of Intent to Deny should be retracted in full. fee e.@ - ‘ VI. STATEMENT OF STATUTORY SUPPORT .— 10. Florida statutes chapters 400 and 409 are applicable to this dispute. However, until more specific information is received from AHCA, it is impossible to identify exactly which individual statutes will support Petitioner’s position. : . VI. STATEMENT OF RELIEF 11. The facts presented in the hearing will demonstrate that the Notice af Intent to Deny United’s license renewal application are legelly insufficient, WHEREFORE, Petitioner, United Adult Day Care, Inc., requests the follawing relief: ° A. That this matter be forwarded to the Division of Administrative Hearing pursuant to § 120.57(1), Florida Statutes; eny, and, B. The rescission of the Notice of Intent to C. That attorney's fees and cost¢ be aWarded/to Respondent. * hn Respectfully submitted this ad day of Feb oyu VY cee eee 1 a eee fant sb be CERTINICATE OF SERVICE '. THEREBY CERTIFY that a true and correct copy of the foregoing was faxed this