STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

, I.- .' i l r-1)

!... C.

/.l.HCA

AGE N C Y CLERK

WILFREDO AND ANTIONETTA LLANES,

ZOil OCT - 8 A 9: I b ·

Appellant/Petitioner,

V.

AGENCY FOR HEALTH CARE ADMINISTRATION,

DCA NO.: 4D12-2816 AHCA NO.: 12-2129-000

RENDITION NO.: AHCA- i 3 · 'f68 -S-MOO

Appellee/Respondent.

- - - - - - - - - - - - - - - -I

AGENCY FOR HEALTH CARE ADMINISTRATION,

Petitioner,

V. AHCA NO.: 12-2305-000

AMWIL ASSISTED LIVING, INC.,

Respondent.

- - - - - - - - - - - - - - - -I

AGENCY FOR HEALTH CARE ADMINISTRATION,

Petitioner,

V.

AMWIL ASSISTED LIVING, INC.,

Respondent.

                                                                              I

AMWIL ASSISTED LIVING, INC.,

DOAH NO.: 12-2248

AHCA NO.: 2012003838

LICENSE NO. 9975

FILE NO. 11965644 PROVIDER TYPE: ALF

Petitioner,

V. DOAHNO.: 12-1958

AHCA NO.: 2012003675

AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

                                                                             I

Filed October 18, 2013 11:17 AM Division of Administrative Hearings

AGENCY FOR HEALTH CARE ADMINISTRATION,

Petitioner,

V. AHCA NO.: 20120033301

AMWIL ASSISTED LIVING, INC.,

Respondent.

                                                                             I

ANN-WAY ASSISTED LIVING, INC.,

Petitioner,

V.

AHCA NO.: 13-0493-000

AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

                                                                             I

ANN-WAY ASSISTED LIVING, INC.,

Petitioner,

V.

AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

                                                                             I

ANN-WAY ASSISTED LIVING, INC.,

Appellant/Petitioner,

V.

AGENCY FOR HEALTH CARE ADMINISTRATION,

Appellee/Respondent.

                                                                             I

AHCA NO.: 13-0507-000

DCA NO.: 5Dl2-4258 AHCA NOS: 2012003081

2012008505

1 This agency action is a moratorium on admissions issued in a separate order and not attached to this Final Order.

ANN-WAY ASSISTED LIVING, INC.,

Petitioner,

V. AHCA NO.: 2012013663

AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

                                                                             I

FINAL ORDER

Having reviewed the attached Notices of Intent to Deny, Notices of Intent to Deem Applications Incomplete and Administrative Complaints, 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 parties pursuant to Chapter 409, Florida Statutes, Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions.

   
   

2. The Agency issued the attached Notices of Intent to Deny with Election of Rights forms and Administrative Complaints with Election of Rights forms. (Composite Exhibit 1). The Election of Rights forms 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 below shall comply with the terms of the Settlement Agreement.

As to Amwil Assisted Living, Inc.:

1. The Administrative Complaint (AHCA No. 2012003838) against Amwil Assisted Living, Inc., is UPHELD and its license is SURRENDERED.

   
   

2. An administrative fine of $21,500.00 is imposed against Amwil Assisted Living, Inc., but is STAYED and the Agency will not attempt to collect the administrative fine in accordance with the terms of the settlement agreement.

   
   

3. The Notice oflntent to Deny (AHCA No. 2012003675) the renewal application of Amwil Assisted Living, Inc., is UPHELD.

   
   

4. 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.

   
   

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

   
   

6. 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.

   
   

   As to Ann-Way Assisted Living, Inc.:

   
   

7. The Administrative Complaints (AHCA Nos. 2012003081 and 2012008505)2 continue to be UPHELD and Ann-Way Assisted Living, Inc. continues to be responsible for payment of the previously imposed amount of $5,750.00. The license revocation action against Ann-Way Assisted Living, Inc., imposed in the Final Order is VACATED and withdrawn to permit the change of ownership application process.

   
   

8. The Notice oflntent to Deny (AHCA No. 2012013663) the renewal application of Ann-Way Assisted Living, Inc., is SUPERSEDED in accordance with the terms of the Settlement Agreement to permit the change of ownership process.

   
   

9. If full payment has been made, the cancelled check acts as receipt of payment and no further payment is required. If full payment has not been made, payment is due within 10 days of the Final Order. Overdue amounts are subject to statutory interest and may be referred to collections. A check made payable to the "Agency for Health Care Administration" and containing the AHCA ten-digit case number should be sent to:

Office of Finance and Accounting Revenue Management Unit

Agency for Health Care Administration 2727 Mahan Drive, MS 14

Tallahassee, Florida 32308

ORDERED in Tallahassee, Florida, this 2_ day of                                      ,2013.

Secretary

Care Administration

2 This Final Order amends the original final orders that were entered on October 15, 2012.

CERTIFICATE OF SERVICE

c::?ch ,

I CERTIFY that a true and correct cop going was servew:i:i-ow named addressees by the method designated on this K      day of 2013.

Richard Shoop, Agency Clerk

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

Tallahassee, Florida 32308-5403

Telephone: (850) 412-3630

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: 12-001958

Orders for Case No: 12-001958