STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

2014 MAR I 9 P I: I.J1

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

FINAL ORDER

RENDITION NO.: AHCA· j t.f · Q-;i_ / 7-S-OLC

Having reviewed both the Amended Notice of Intent to Deny Renewal Application and an Amended Notice of Intent to Deny (both) dated May 3, 2013, 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 Petitioner pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions.

   
   

2. The Agency issued the attached Amended Notice of Intent to Deny Renewal Application and an Amended Notice oflntent to Deny and Election of Rights form to the Petitioner. (Composite Ex. 1) The parties have since entered into the attached Settlement Agreement. (Ex. 2)

Based upon the foregoing, it is ORDERED:

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

   
   

2. The Petitioner shall pay the Agency an administrative fine of $8,000.00. 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 365 days of rendition of this Final Order. Overdue amounts are subject to statutory interest and may be referred to collections. Please make checks payable to the "Agency for Health Care Administration", include the AHCA ten-digit number, and send to:

   
   

   Office of Finance and Accounting Revenue Management Unit

   Agency for Health Care Administration 2727 Mahan Drive, MS 14

   Tallahassee, Florida 32308

   
   

3. Each party shall bear its own costs and attorney's fees. Any requests for administrative hearings are hereby dismissed, and the above-styled case is hereby closed.

1

Filed March 20, 2014 10:27 AM Division of Administrative Hearings

ORDERED at Tallahassee, Florida, on this$ day of_--+-.µ......f.l.'_"'-_/4. ,2014.

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 correc y of this Final Order was served on the below-named persons by the method designated on thisll               of /11c:>-rc./1 , 2014.

p, Agency Clerk

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

Tallahassee, Florida 32308-5403

Telephone: (850) 412-3630

2

RICK SCOTT GOVERNOR

May 3, 2013

Better Health Care for all Floridians ELIZABETH DUDEK

SECRETARY

JUDYE. BROWN, ADMINISTRATOR

TROPICAL PARADISE VILLA ASSISTED LIVING AND

RETIREMENT

1593 BRICKYARD ROAD

CHIPLEY, FL 32428

                        RE: Case Number: 2013000806                                                                                                                           

AMENDED NOTICE OF INTENT TO DENY RENEWAL APPLICATION

Dear Ms. Brown:

It is the decision of this Agency that Tropical Paradise Villa Assisted Living and Retirement renewal application for the Assisted Living Facility license be DENIED.

The specific basis for this determination is applicant failure to meet minimum licensure standards pursuant to Sections 408.815(1) (b), (c) & (d), Florida Statutes, (F. S.). The facility was cited between August 13, 2012 and November 7, 2012, with one uncorrected unclassified deficiency*, five uncorrected Class II deficiencies, and two uncorrected Class III deficiencies.

On August 13, 2012, complaint survey 2012008210 was conducted. One unclassified deficiency cited in Limited Mental Health related to the facility admitting more than two mental health residents without the added specialty license. Two Class III deficiencies were cited in resident care and risk management and quality assurance.

A revisit to complaint survey 2012008210 was conducted on August 21, 2012. All cited deficiencies were wicorrected which include one unclassified deficiency and two Class III deficiencies.

On October 2, 2012, a second revisit to complaint survey 2012008210 was conducted. One Class III deficiency in risk management and quality assurance was corrected. One Class III deficiency cited in resident care was upgraded to a Class II deficiency. The Class II deficiency was cited in relation to the facility failure to ensure residents were free from financial exploitation. One unclassified deficiency remained uncprrected in Limited Mental Health.

A third revisit to complaint survey 2012008210 was conducted on November 7, 2012. One Class II deficiency in resident care and one unclassified deficiency in LMH remained

·uncorrected.

•

On October 2, 2012, the biennial survey was conducted. Three Class III deficiencies were cited in resident care, medication, and physical plant.

2727 Mahan Drive,MS#34

Tallahassee, Florida 32308

Visit AHCA online at ahca.myflorida.com

EXHIBIT 1

Tropical Paradise Villa Assisted Living and Retirement May 3, 2013

Page#2

A revisit to the biennial survey was conducted on November 7, 2012. One Class III deficiency was corrected in physical plant. Two Class III deficiencies were uncorrected in medication and

---resident care.

Therefore the renewal is denied in accordance. with Chapter 408, Part II; and Sections 429.14(1)(a)(h) & (k), F. S.

*The unclassified deficiency comprises 86 separate days of providing unlicensed mental health

1----------;;ierviees:-te-morethan two-individttttl.s, inelttding up to ten such-ret!isi..-1,de.,..r-+<r.t.s...a'"t...,.o...,n"".c.e... -----------

EXPLANATION OF RIGHTS

Pursuant to Section 120.569, Florida Statutes, (F.S.) you have the right to request an administrative hearing. In order to obtain a fonnal proceeding before the Division of Administrative Hearings under Section 120.57(1), F.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.

SEE ATTACHED ELECTION OF RIGHTS FORM

Sincerely,

Shaddrick A;'· aston, Assisted Living Unit

Bureau of Long Tenn Care Services SH/spicerp

Copy to: Tallahassee Field Office - 02

LTCOC District 02

Jan Mills, General Counsel Office

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION RE: TROPICAL PARADISE VILLA ASSISTED LIVING AND RETIREMENT CASE NUMBER: 2013000806

ELECTION OF RIGHTS

This Election of Rights form is attached to a proposed Notice of Intent to Deny of the Agency for Health Care Administration (ARCA). The title may be Notice of Intent to Impose a Fine, Administrative Com laint, or some other notice of intended action b AHCA.

An Election of Rights must be returned by mail or by fax within twenty-one (21) days of the day you receive the attached Notice of Intent to Impose a Fine, Administrative Complaint or any other proposed action by AHCA.

If an Election of Rights with your selected option is not received by AHCA within twenty­ one (21) days from the date you received this notice of proposed action, you will have given up your right to contest the. Agency's proposed action and a final order will be issued.

(Please reply using this Election of Rights form unless you, your attorney or your representative prefer to reply according to Chapter 120, Florida Statutes (2006) and Rule 28, Florida Administrative Code.)

Please return your ELECTION OF RIGHTS to:

Agency for Health Care Administration Attention: Agency Clerk

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

Phone: (850) 412-3630 Fax: (850) 921-0158

PLEASE SELECT ONLY l OF THESE 3 OPTIONS:

OPTION ONE (1)     I admit to the allegations of facts and law contained in the

Notice of Intent to Impose a Fine, Administrative Complaint, or other notice of intended ction by AHCA and I waive my right to object and have a hearing. I understand that by giving up my right to a hearing, a final order will be issued that adopts the proposed agency action and imposes the proposed penalty, fine or action.

OPTION TWO (2) I admit to the allegations of facts and law contained in the

Notice ·of Intent to Impose a Fine, Administrative Complaint, or other proposed action by AHCA, but I wish to be heard at an informal proceeding (pursuant to Section 120.57(2), Florida Statutes) where I may submit testimony and written evidence to the Agency to show that the proposed administrative action is too severe or that the fine should be reduced.

OPTION THREE (3) I dispute the allegations of facts and law contained in the

Notice of Intent to Impose a Fine, Administrative Complaint, or other proposed action by

AHCA, and I request a formal hearing (pursuant to Section 120.57(1), Florida Statutes) before

an Administrative Law Judge appointed by the Division of Administrative Hearings.

PLEASE NOTE: Choosing OPTION THREE (3), by itself, is NOT sufficient to obtain a formal hearing. You also must file a written petition in order to obtain a formal hearing before the Division of Administrative Hearings under Section 120.57(1), Florida Statutes.. It must be. received by the Agency Clerk at the address above within twenty-one (21) days of your receipt of this proposed administrative action. The request for formal hearing must conform to the requirements of Rule 28-106.2015, Florida Administrative Code, which requires that it contain:

1. Your name, address, and telephone number, and the name, address, and telephone number of

   your representative or lawyer, if any.                                                                                                                   

2. The. file number of the proposed action.

3. A statement of when you received notice of the Agency's proposed action.

4. A statement of all disputed issues of material fact. If there are none, you must state that there are none.

Mediation wider Section 120.573, Florida Statutes, may be available in this matter if the Agency agrees.

License type: Assisted Living Facility License number: 11939

Licensee Na1ne: TROPICAL PARADISE VILLA ASSISTED LIVING AND RETIREMENT

Contact person:                                                                                                                           

Name Title

Address:                                                                                                                                     

Street and number City Zip Code

Telephone No.                                                _ Fax No.------------

Email (optional)                             _

I hereby certify that I am duly authorized to submit this Notice of Election of Rights to the Agency for Health Care Administration on behalf of the licensee referred to above.

Signed:                                    Date:                                            

Print Name: Title:                                               

RICK SCOTT GOVERNOR

May 3,2013

Better Health Care for all Floridians ELIZABETH DUDEK

SECRETARY

JUDYE. BROWN, ADMINISTRATOR

TROPICAL PARADISE VILLA ASSISTED LIVING AND RETIREMENT

1593 BRICKYARD ROAD

CHIPLEY, FL 32428

RE: Case Number: 2012009693

AMENDED NOTICE OF INTENT TO DENY

Dear Ms. Brown:

It is the decision of this Agency that Tropical Paradise Limited Mental Health application for the Assisted Living Facility license to be DENIED.

The specific basis for this determination is the applicant's failure to meet minimum licensure standards pursuant to Sections 408.815(l)(a)(b) &( c), Florida Statutes, (F. S.).

On August 13, 2012, the biennial and a complaint survey 2012008210 were conducted. Two Class III deficiencies were cited in resident care and risk management and quality assurance. One unclassified deficiency was cited in limited mental health licensing related to the facility's failur to obtain a limited mental health license prior to admitting more than two mental health residents and on that date the facility was issued a Noticed to Cease and Desist Unlicensed Activity. On August 21, 2012, a monitoring visit revealed that the facility continued provide unlicensed services to mental health residents and had failed to comply with a Noticed to Cease and Desist Unlicensed Activity. On October 2, 2012 and November 7, 2012, additional unannounced monitoring visits were conducted. As the result of the four Agency monitoring visits, the Agency established that Tropical Paradise provided unlicensed mental health services to more than two people on each of 86 days after receiving the Notice to Cease and Desist providing those unlicensed services. Therefore the limited health application is denied in accordance with Chapter 408, Part II; and Sections 429.075 (1), and 429.14(1)(a)(h)G) & (k), Florida Statutes.

EXPLANATION OF RIGHTS

Pursuant to Section 120.569, Florida Statutes, (F.S.) you have the right 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 an administrative

2727 Mahan Drive,MS#34

Tallahassee, Florida 32308

Visit AHCA onllne at ahca.myflorida.com

Tropical Paradise May 3, 2013

Page#2

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.

SEE ATTACHED ELECTION OF RIGHTS FORM

Sincerely,

Shaddric . aston, Manager Assisted Living Unit

Bureau of Long Term Care Services SH/spicerp

Copy to: Tallahassee Field Office - 02

LTCOC District 02

Jan Mills, General Counsel Office

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

RE: TROPICAL PARADISEVILLA ASSISTED LIVING AND RETIREMENT

CASE NUMBER: 2012009693

ELECTION OF RIGHTS

This Election of Rights fonn is attached to a proposed Notice of Intent to Deny of the Agency for Health Care Administration (AHCA). The title may be Notice of Intent to Impose a Fine, Administrative Complaint, or some other notice of intended action by AHCA.

An Election of Rights must be returned by mail or by fax within twenty-one (21} days of the day you receive the attached Notice of Intent to Impose a Fine, Administrative Complaint or any other proposed action by AHCA.

If an Election of Rights with your selected option is not received by AHCA within twenty­ one (21) days from the date you received this notice of proposed action, you will have given up your right to contest the Agency's proposed action and a final order will be issued.

(Please reply using this Election of Rights form unless you, your attorney or your representative prefer to reply according to Chapter 120, Florida Statutes (2006) and Rule 28, Florida Administrative Code.)

Please return your ELECTION OF RIGHTS to:

Agency for Health Care Administration Attention: Agency Clerk

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

Phone: (850) 412-3630 Fax: (850) 921-0158

PLEASE SELECT ONLY 1 OF THESE 3 OPTIONS:

OPTION ONE (I)       I admit to the allegations of facts and law contained in the

Notice of Intent to Impose a Fine, Administrative Complaint, or other notice of intended action by AHCA and I waive my right to object and have a hearing. I understand that by giving up my right to a hearing, a final order will be issued that adopts the proposed agency action and imposes the proposed penalty, fine or action.

OPTION TWO (2) I admit to the allegations of facts and law contained in the

Notice of Intent to Impose a Fine, Administrative Complaint, or other proposed action by AHCA, but I wish to be heard at an informal proceeding (pursuant to Section 120.57(2), Florida Statutes) where I may submit testimony and written evidence to the Agency to show that

the proposed administrative action is too severe or that the fine should be reduced.

OPTION THREE (3) I dispute the allegations of facts and law contained in the

Notice of Intent to Impose a Fine, Administrative Complaint, or other proposed action by

AHCA, and I request a formal hearing (pursuant to Section 120.57(1), Florida Statutes) before an Administrative Law Judge appointed by the Division of Administrative Hearings.

PLEASE NOTE: Choosing OPTION THREE (3), by itself, is NOT sufficient to obtain a formal hearing. You also must file a written petition in order to obtain a formal hearing before the Division of Administrative Hearings under Section 120.57(1), Florida Statutes. It must be received by the Agency Clerk at the address above within twenty-one (21) days of your receipt of this proposed administrative action. The request for formal hearing must conform to the requirements of Rule 28-106.2015, Florida Administrative Code, which requires that it contain:

1. Your name, address, and telephone number, and the name, address, and telephone number of your representative or lawyer, if any.

he t1le number of the proposed action.

1. A statement of when you received notice of the Agency's proposed action.

2. A statement of all disputed issues of material fact. If there are no1;1e, you must state that there are none.

   
   

   Mediation under Section 120.573, Florida Statutes, may be available in this matter if the Agency agrees.

   
   

   License type: Assisted Living Facility License number: 11939

   
   

   Licensee Name: TROPICAL PARADISE

   Contact person:                                                             _

   
   

   Address:

   Name

   Title

   
   

   City Zip Code

   Street and number

   Telephone No.                                                _ Fax No.------------

   Email (optional)                             _

   
   

   I hereby certify that I am duly authorized to submit this Notice of Election of Rights to the Agency for Health Care Administration on behalf of the licensee referred to above.

   
   

   Signed:                                       Date:                                           

   
   

   Print Name:                                         Title:                                               

   STATE OF FLORIDA

   AGENCY FOR HEALTH CARE ADMINISTRATION

   
   

   LARRY BROWN d/b/a TROPICAL PARADISE VILLA ASSISTED LIVING AND RETIREMENT,	DOAH Nos. 13-4641
   Petitioner,	13-4672
   	AHCA Nos. 2013000806
   V.	2012009693
   	2012012276
   STATE OF FLORIDA, AGENCY FOR	2012012285
   HEALTH CARE ADMINISTRATION	2013000374
   	2013000452
   Respondent.	2012012284

   -----------------------'/

   SETTLEMENT AGREEMENT

   
   

   The Respondent, State of Florida, Agency for Health Care Administration (hereinafter "the Agency"), and the Petitioner, Larry Brown d/b/a Tropical Paradise Villa Assisted Living and Retirement (hereinafter "the Petitioner"), pursuant to Section 120.57(4), Florida Statutes, each individually, a "party," collectively as "parties," enter into this Settlement Agreement ("Agreement") and agree as follows:

   WHEREAS, the Petitioner is an applicant for a renewal assisted living facility license and an initial limited mental health license pursuant to Chapters 408, Part II, and 429, Part I, Florida Statutes, and Chapter 58A-5, Florida Administrative Code; and

   WHEREAS, the Agency has jurisdiction by virtue of being the licensing and regulatory authority over the licensure sought by the Petitioner; and

   WHEREAS, the Agency issued the Petitioner an Amended Notice of Intent to Deny Renewal Application dated May 3, 2013, and a Notice oflntent to Deny its initial limited mental license application, also dated May 3, 2013, notifying the Petitioner of the Agency's intent to deny its respective applications for licensure; and

   WHEREAS, the Agency was also prepared to issued administrative complaints seeking

   the imposition oflicense revocation and/or administrative fines; and

   
   

   WHEREASi the parties have agreed that a fair, efficient, and cost effective resolution of

   
   

   this dispute would avoid the expenditure of substantial sums to litigate the dispute; and WHEREAS, the parties stipulate to the adequacy of considerations exchanged; and WHEREAS, the parties have negotiated in good faith and agreed that the best intere t of

   all the parties will be served by a settlement of this proceeding; and

   
   

   NOW THEREFORE, in consideration of the mutual promises and recitals herein, the parties intending to be legally bound, agree as follows:

   1. All recitals are true and correct and are expressly incorporated herein.

      
      

   2. Both parties agree that the "whereas" clauses incorporated herein are binding findings of the parties.

   3. Upon full execution of this Agreement, Petitioner agrees to waive any and all

      
      

      proceedings and appeals to which it may be entitled including, but not limited to, an informal proceeding under Subsection 120.57(2), a formal proceeding under Subsection 120.57(1), appeals under Section 120.68, Florida Statutes; and declaratory and all writs of relief in any court

      or quasi-court {DOAH) of competent jurisdiction; and further agrees to waive compliance with the form ofthe Final Order (findings of fact and conclusions of law) to which it maybe entitled. Provided, however, that no agreement herein, shall be deemed a waiver by either party of its

      --. · right to, judicial enforcement of this Agreement.

      t.

   4. Upon full execution of this Agreement, the parties agree to the following:

      
      

      1. The Petitioner shall remit to the Agency, within 365 days of the entry of a Final Order adopting this Agreement, an administrative fine in the sum Eight Thousand dollars ($8,000.00).

      2. The Amended Notices of Intent to Deny are withdrawn and the Agency shall

         
         

         2

         resume the processing of the Petitioner's renewal application for assisted living facility Iicensure and its initial application for limited mental health licensure.

   5. Venue for any action brought to interpret, challenge or enforce the terms of this Agreement or the Final Order adopting this Agreement shall lie solely in the Circuit Court in Leon Cou11.ty; Florida.

   6. By executing this Agreement, the Petitioner neither admits nor denies the factual allegations set forth in the Amended Notice of Intent to Deny.

   7. Upon full execution of this Agreement, the Agency shall enter .a Final Order adopting and incorporating the terms of this Agreement and closing the above-styled cases. The Petitioner reserves the right to request a formal hearing on the aJlegations in this case should the Agency attempt to use the allegations in any manner in the future.

   8. Each party shall bear its own costs and attorney's fees.

      
      

   9. This Agreement shall become effective on the date upon which itis fully executed

      by all the parties.

      
      

   10. The Petitioner for himself and for his related or resulting organizations, his successors or transferees, attorneys, heirs, and executors or administrators, discharges the

       Agency and its agents, representatives, and attorneys of all claims, demands, actions, causes of

       ..

       action, suits, damages, losses, and expenses, of any and every nature whatsoever, arising out of

       or in any way related to this matter and the Agency's actions, including, but not limited to, any

       l

       claims that were or may be asserted in any ,federal or state court or administrative forum, including any claims arising out of this Agreement, by or oh behalf of the Petitioner or related or resulting organizations.

   11. This Agreement is binding upon all parties and those identified in the above paragraph.of this Agreement.

       
       

       3

   12. In the event that Petitioner is or was a Medicaid provider, this Agreement does not prevent the Agency from seeking Medicaid overpayments or from imposing any sanctions pursuant to Rule 590-9.070, Florida Administrative Code. This Agreement does not prohibit the Agency from talcing action regarding the Petitioner's Medicaid provider status, conditions, requirements or contr ct.

   13. The undersigned have read and understand this Agreement and have authority to bind their respective principals to it. The Petitioner understands that be has the right to consult with his own counsel and has either done so or freely waived the right to do so. The Petitioner further understands that Agency counsel represents solely the Agency and that Agency counsel has not provided legal advice to, or influenced, the Petition wiUl re.spect to the decision to enter into this Agreement.

   14. This Agreem.Emt qntEµns the entire llilderstandings and agreements of the parti s.

       
       

       This Agreement supersedes any prior oral or written agreements between the parties. This Agreement may not be amended except in writing Any attempted assignment of this Agreement shall be void,

   15. All parties agree that a facsimile signature suffices for an original signature.

       
       

   16. The following representatives hereby acknowledge that they are duly authorized

.

to enter into this Agreement.

t

-·

----.... ..:, - . ·...:                   

.. ·

puty Secretary

He ce

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

Tallahassee, Florida 32308

Larry Brown, . er

Tropical Paradise Villas Assisted Living and Retirement

1593 Brickyard Road

Chipley, Florida 32428

4

General Counsel

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

I I

Tallahassee, Florida 32308 DATED: 3fi [v11

Theodore E. Mack, Esquire

Powell & Mack, P.A. 3700 Bellwood Drive

Tallahassee, Florida 32303 Counsel for Petitioner

1 /

DATED: 2--/;r// t

/

r

eral Counsel

Agen ealth Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee Florida 32308

--

t.

5

Docket for Case No: 13-004641

Orders for Case No: 13-004641