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AGENCY FOR HEALTH CARE ADMINISTRATION vs PETTIHOME GROUP, LLC, D/B/A TRANSITIONAL HOME CARE, 11-003393 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-003393 Visitors: 4
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: PETTIHOME GROUP, LLC, D/B/A TRANSITIONAL HOME CARE
Judges: STUART M. LERNER
Agency: Agency for Health Care Administration
Locations: West Palm Beach, Florida
Filed: Jul. 13, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 30, 2012.

Latest Update: Feb. 21, 2012
11003393AFO


STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Petitioner,

{·:--\ LED

AHCA

AGEHC'!' CLERK

ti\! FEB 20 A q: S\.


DOAH No. 11-3393


V.


PETITHOMME GROUP, LLC, d/b/a TRANSITIONAL HOME CARE,


Respondent.

                                                                               I


FINAL ORDER

AHCA No. 2011006130


License No. 299991937


File No. 19964497


Facility Type: Home Health Agency

RENDITION NO.: AHCA-12-(() £,.-'.)\ -5-OLC


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, 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 Election of Rights form advised of the right to an administrative hearing.


  3. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED:

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


  5. The Respondent's home health agency is VOLUNTARILY RELINQUISHED to the Agency for Health Care Administration no later than March 3, 2012.


  6. 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.


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


    1

    Filed February 21, 2012 1:03 PM Division of Administrative Hearings

  8. 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 _l!l day of  J.                                    ( , 2012.




k, Secretary

1th 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 correct -WPY of this Fin l Order was served on the below-named persons by the method designated on this of uec/ , 2012.


Richar p, Agency

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

Tallahassee, Florida 32308-5403

Telephone: (850) 412-3630

Jan Mills

Anne Menard, Unit Manager

Facilities Intake Unit

Home Care Unit

Agency for Health Care Administration (Electronic Mail)

Agency for Health Care Administration

(Electronic Mail)

Andrea M. Lang, Senior Attorney Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Arlene Mayo-Davis, Field Office Manager Local Field Office

Agency for Health Care Administration

(Electronic Mail)

Katrina Derico-Harris

Jay Adams, Esquire

Medicaid Accounts Receivable

Broad and Cassel

Agency for Health Care Administration

P.O.Box11300

(Electronic Mail)

Tallahassee, Florida 32302


(U.S. Mail)

Shawn McCauley

Medicaid Contract Management Agency for Health Care Administration

(Electronic Mail)

Stuart M. Lerner, Administrative Law Judge Division of Administrative Hearings (Electronic 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: 11-003393
Issue Date Proceedings
Feb. 21, 2012 Settlement Agreement filed.
Feb. 21, 2012 Agency Final Order filed.
Feb. 02, 2012 Transmittal letter from Claudia Llado forwarding Petitioner's proposed exhibits, to the agency.
Jan. 30, 2012 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 26, 2012 Motion to Remand and Response to Motion for Sanctions filed.
Jan. 20, 2012 Petitioner's Proposed Exhibits (exhibits not available for viewing)
Jan. 19, 2012 Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by January 30, 2012).
Jan. 19, 2012 Motion to Remand and Response to Motion for Sanctions filed.
Jan. 18, 2012 Motion for Sanctions filed.
Jan. 13, 2012 Notice of Filing Agency's (Proposed) Exhibits filed.
Jan. 11, 2012 Notice of Taking Deposition Duces Tecum (of Y. Petithomme and N. St. Juste) filed.
Jan. 09, 2012 Agency Pre-hearing Statement filed.
Dec. 16, 2011 Notice of Service of Discovery Answers filed.
Dec. 07, 2011 Order on Petitioner`s Motion to Compel Discovery and for Sanctions.
Dec. 07, 2011 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 23, 2012; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Dec. 06, 2011 Motion for Continuance and Response to Motion to Compel filed.
Dec. 05, 2011 CASE STATUS: Motion Hearing Held.
Dec. 02, 2011 Motion to Compel Discovery and for Sanctions filed.
Sep. 14, 2011 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 9, 2011; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Sep. 13, 2011 Unopposed Motion to Reschedule Final Hearing filed.
Aug. 11, 2011 Notice of Service of Agency's First Set of Interrogatories and Request for Production of Documents to Respondent filed.
Jul. 20, 2011 Order of Pre-hearing Instructions.
Jul. 20, 2011 Notice of Hearing by Video Teleconference (hearing set for September 20, 2011; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Jul. 19, 2011 Response to Initial Order filed.
Jul. 14, 2011 Initial Order.
Jul. 13, 2011 Notice (of Agency referral) filed.
Jul. 13, 2011 Petition for Formal Administrative Hearing filed.
Jul. 13, 2011 Administrative Complaint filed.

Orders for Case No: 11-003393
Issue Date Document Summary
Feb. 20, 2012 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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