STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,
2020 NOV 11 A 9: 3 I
Petitioner, AHCA Nos. 2016008295
2020012273
V.
License No. 12400962
THE BRIDGES NURSING AND REHABILITATION, LLC d/b/a THE HOME ASSOCIATION,
File No. 62936
Respondent.
I
THE BRIDGES NURSING AND
REHABI LITATION, LLC d/b/a THE HOME ASSOCIATION,
Petitioner,
V.
AHCA No. 2017001824
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,
Respondent.
./
RENDITION NO.: AHCA- :.,,.
7 Cf I -S-OLC
THIS CAUSE came on for consideration before the Agency for Health Care Administration ("the Agency"), which finds and concludes as follows:
The Agency served The Bridges Nursing and Rehabilitation, LLC d/b/a The Horne Association ("The Horne Association") the attached Administrative Complaint (Ex. 1). Additionally, the Agency issued the attached Notice of Intent to Deny for Renewal Application ("NOi") letter. (Ex. 2) to The Horne Association. The Parties have since entered into the attached Settlement Agreement (Ex. 3), which is adopted and incorporated by reference.
The Horne Association shall pay the Agency one million eight hundred and seventy thousand seven hundred ninety-eight dollars and forty-eight cents ($1,870,798.48) in administrative fines and fees by making a payment on the effective date of the Horne Association's reorganization plan in the amount of one million dollars ($1,000,000.00), and by thereafter making quarterly payments of ninety thousand dollars ($90,000.00) until the Agency has received the sum total owed.
Filed December 2, 2020 1:48 PM Division of Administrative Hearings
The Administrative Complaint seeking license revocation and the Notice of Intent to Deny the license renewal application are withdrawn in accordance with the tenns of the Settlement Agreement.
ORDERED in Tallahassee, Florida, on this l .2_ day of _N_I)_ --------' 2020.
, Deputy Secretary
h Care Administration
NOTICE OF RIGHT TO JUDICIAL REVIEW
A party that is adversely affected by this Final Order is entitled to seek 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 HEREBY CERTIFY tha a true and orre ofthis Finamer w sserved on the below- named persons by the method designated on this j1!!: day of , 2020.
'
Ric . Shoop, gency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3
Tallahassee, Florida 32308
Telephone (850) 412-3630
Jan Mills Facilities Intake Unit Agency for Health Care Administration (Electronic Mail) | Central Intake Unit, Agency for Health Care Administration (Electronic Mail) |
Bernard Hudson, Unit Manager Long Term Care Unit Agency for Health Care Administration (Electronic Mail) | Pat Caufinan, Field Office Manager Local Field Office- Region 05 and 06 Agency for Health Care Administration (Electronic Mail) |
Katrina Derico-Harris Medicaid Accounts Receivable Agency for Health Care Administration (Electronic Mail) | Andrew Sheeran, Chief Litigation Counsel Office of the General Counsel Agency for Health Care Administration (Electronic Mail) |
Andrew Thomquest, Assistant General Counsel Office of the General Counsel Agency for Health Care Administration (Electronic Mail) | Michelle Vaughn, President Senior Care Group, Inc. 1240 Marbella Plaza Drive Tampa, Florida 33619 (U.S. Mail) |
Thomas M. Hoeler, Chief Facilities Counsel Office of the General Counsel Agency for Health Care Administration (Electronic Mail) | Steven A. Grigas, Esq. AkermanLLP Counsel for The Home Association steven.grigas@akerman.com (Electronic Mail) |
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,
vs.
Petitioner,
ACHA No.: 2016008295
License No.: 12400962
THE BRIDGES NURSING AND, REHABILITATION, LLC d/b/a THE HOME, ASSOCIATION
File No.: 62936
Provider Type: Nursing Home
Respondent.
ADMINISTRATIVE COMPLAINT
COMES NOW the Agency for Health Care Administration (hereinafter ··Agency"), by and through the undersigned counsel, and files this Administrative Complaint against The Bridges Nursing and Rehabilitation, LLC d/b/a The Home Association (hereinafter "·Respondent""), pursuant to §§120.569 and 120.57 Florida Statutes, and alleges:
NATURE OF THE ACTION
This is an action to revoke the Respondent's license to operate a skilled nursing facility.
PARTIES
The Agency is the licensing and regulatory authority that oversees skilled nursing facilities (also called nursing homes) and enforces the state statutes and rules governing such facilities. Ch. 408, Part II, Ch. 400, Part II, Fla. Stat.; Ch. 59A-4, Fla. Admin. Code. The Agency is authorized to deny, suspend, or revoke a license, and impose administrative fines pursuant to sections 400.121, and 400.23, Florida Statutes, assign a conditional license pursuant to subsection 400.23(7), Florida Statutes, and assess costs related to the investigation and prosecution of this case pursuant to section 400.121, Florida Statutes
The Respondent was issued a license by the Agency to operate a skilJed nursing facility located at 1203 East 22nd Avenue, Tampa, Florida 33605, and was at all times material required to comply with the applicable statutes and rules.
COUNTI
Failure to Timely Pay Quality Assessment Fines
Under Florida law, the agency may seek any of the following remedies for failure of any nursing homes facility provider to pay its assessments timely: ... (b) suspension or revocation of the nursing home facility license. § 409.9082(7), Fla. Stat. (2015).
Pursuant to Florida law,
Providers are subject to the following monetary fines pursuant to Section 409.9082(7), F.S., for failure to timely pay a quality assessment:
For a facility's first offense, a fine of $500 per day shall be imposed until the quality assessment is paid in full, but in no event shall the fine exceed the amount of the quality assessment.
For any offense subsequent to a first offense, a fine of $1,000 per day shall be imposed until the quality assessment is paid in full, but in no event shall the fine exceed the amount of the quality assessment. A subsequent offense is defined as any offense within a period of five years preceding the most recent quality assessment due date.
An offense is defined as one month's quality assessment payment not received by the 20th day of the next succeeding calendar month.
In the event that a provider fails to report their total number of resident days as defined in Section 409.9082(1)(c), F.S., by the 20th day of the next succeeding calendar month, the fines in paragraphs (a)-(c) apply and the maximum amount of the fines shall be equal to their last submitted quality assessment amount but in no event shall the total fine exceed the amount of the quality assessment.
In addition to the aforementioned fines, providers are also subject to the non-monetary remedies enumerated in Section 409.9082(7), F.S. Imposition of the non-monetary remedies by AHCA will be as follows:
For a third subsequent offense, AHCA will withhold any medical assistance reimbursement payments until the assessment is recovered.
For a fourth or greater subsequent offense, AHCA will seek
suspension or revocation of the facility's license.
Rule 59G-6.010(4) & (5), F.A.C., (2016). (emphasis added).
Respondent's facility has been assessed Quality Assessment Fees, but has not been paying them in a timely manner starting in April 2015.
Respondent has failed to pay these fees by the 20th of the succeeding calendar month four or more times.
WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, seeks to revoke Respondent's license to operate a skilled nursing facility
COUNT II
Termination from Medicaid Program
Under Florida law, in addition to the grounds provided in authorizing statutes, grounds that may be used by the agency for denying and revoking a license or change of ownership application include any of the following actions by a controlling interest: .. . (e) the applicant, licensee, or controlling interest has been or is currendy excluded, suspended, or terminated from participation in the state Medicaid program, the Medicaid program of any other state, or the Medicare program. § 408.815(I)(e), Fla. Stat. (2015). (emphasis added).
Pursuant to Florida law, in addition to any other remedies provided by law, the agency may deny each application or suspend or revoke each license, registration, or certificate of entities regulated or licensed by it: if the applicant, licensee, or a licensee subject to this part which shares a common controlling interest with the applicant has failed to pay all outstanding fines, liens, or overpayments assessed by final order of the agency or final order of the Centers for Medicare and Medicaid Services ("CMS'"), not subject to further appeal, unless a repayment plan is approved by the agency.§ 408.831(l)(a), Fla. Stat. (2015).
Under Section 400.121, Florida Statutes, in pertinent part, "the agency may deny
an application, revoke or suspend a license, and impose an administrative fine, not to exceed $500 per violation per day for the violation of any provision of this part, part II of chapter 408, or applicable rules, against any appJicant or licensee for the following violations by the applicant, licensee, or other controlling interest: ... (b) an adverse action by a regulatory agency against any other licensed facility that has a common controlling interest with the licensee or applicant against whom the action under this section is being brought. If the adverse action involves solely the management company, the applicant or licensee shall be given 30 days to remedy before final action is taken. If the adverse action is based solely on the actions of a controlling interest, the applicant or licensee may present factors in mitigation of any proposed penalty based upon a showing that such penalty is inappropriate under the circumstances." § 400.121(1)(b), Fla. Stat. (2015).
Under Florida law, "controlling interest is defined as '·(a) The applicant or licensee;
(b) A person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the applicant or licensee; (c) A person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the management company or other entity, related or unrelated, with which the applicant or licensee contracts to the man·age the provider. The term does not include a voluntary board member.'· § 408.803(7), Fla. Stat. (2015).
On or about May 4, 2016, Maplewood Care Center, a nursing home facility located in Tulsa, Oklahoma, has its Medicaid provider agreement terminated for cause by CMS.
Additionally, the Oklahoma Health Care Authority terminated Maplewood Care Center's SoonerCare General Provider Agreement.
Senior Care Group, Inc. is listed as a controlling interest of Maplewood Care
Center.
Senior Care Group, Inc. is also listed as a controlling interest of The Bridges Nursing and Rehabilitation, LLC.
WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, seeks to revoke Respondent's license to operate a skilled nursing facility.
CLAIM FOR RELIEF
WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, seeks to enter a final order that:
I. Renders findings of fact and conclusions oflaw as set forth above.
2. Grants the relief set forth above.
Respectfully Submitted,
Andrew B. Thomquest, Assistant General Counsel Florida Bar No. 0104832
Office of the General Counsel
Agency for Health Care Administration 2727 Mahan Drive, MS #3
Tallahassee, Florida 32303
Telephone: 850-412-3679
Facsimile: 850-922-9634 andrew.thornquest@ahca.myflorida.com
NOTICE OF RIGHTS
Pursuant to Section 120.569, F.S., any party has the right to request an administrative hearing by filing a request with the Agency Clerk. In order to obtain a formal hearing before the Division of Administrative Hearings under Section 120.57(1), F.S., however, a party must me a request for an administrative hearing that complies with the requirements of Rule 28- 106.2015, Florida Administrative Code. Specific options for administrative action are set out in the attached EJection of Rights form.
The Election of Rights form or request for hearing must be filed with the Agency Clerk for the Agency for Health Care Administration within 21 days of the day the Administrative Complaint was received. If the Election of Rights form or request for hearing is not timely received by the Agency Clerk by 5:00 p.m. Eastern Time on the 21st day, the right to a hearing will be waived. A copy of the Election of Rights form or request for hearing must also be sent to the attorney who issued the Administrative Complaint at his or her address. The Election of Rights form shall be addressed to: Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 3, Tallahassee, FL 32308; Telephone (850)
412-3630, Facsimile (850) 921-0158.
Any party who appears in any agency proceeding has the right, at his or her own expense, to be accompanied, represented, and advised by counsel or other qualified representative. Mediation under Section 120.573, F.S., is available if the Agency agrees, and if available, the pursuit of mediation will not adversely affect the right to administrative proceedings in the event mediation does not result in a settlement.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Administrative Complaint and Election of Rights form were served to the below named persons/entities by the method designated
on this 13th day of September, 2016.
Andrew B. Thornquest, Assistant General Counsel Florida Bar No. 0104832
Office of the General Counsel
Agency for Health Care Administration 2727 Mahan Drive, MS #3
Tallahassee, Florida 32308
Telephone: 850-412-3679
Facsimile: 850-922-9634 andrew.thornquest@ahca.myflorida.com
Pat Caufman, Field Office Manager Local Field Office- Region 6 Agency for Health Care Administration (Electronic Mail) | Steven A. Grigas, Respondent's Counsel Akerman LLP 106 E. College Avenue, Suite 1200 Tallahassee, Florida 32301 (Electronic Mail ) |
Bernard Hudson, Unit Manager Long Tenn Care Unit Agency for Health Care Administration (Electronic Mail) |
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
Re: The Bridges Nursing and Rehabilitation, LLC d/b/a The Home Association
ACHA No. 2016008295
ELECTION OF RIGHTS
This Election of Rights form is attached to an Administrative Complaint. It may be returned by mail or facsimile transmission, but must be received by the Agency Clerk within 21 days, by 5:00 pm, Eastern Time, of the day you received the Administrative Complaint. If your Election of Rights form or request for hearing is not received by the Agency Clerk within 21 days of the day you received the Administrative Complaint, you will have waived your right to contest the proposed agency action and a Final Order will be issued imposing the sanction alleged in the Administrative Complaint.
(Please use this fonn unless you, your attorney or your representative prefer to reply according to Chapter I 20, Florida Statutes, and Chapter 28, Florida Administrative Code.)
Please return your Election of Rights fonn to this address: Agency for Health Care Administration
Attention: Agency Clerk
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308
Telephone: 850-412-3630 Facsimile: 850-921-0158
PLEASE SELECT ONLY 1 OF THESE 3 OPTIONS
OPTION ONE (1) I admit to the allegations of fact and conclusions of law alleged
in the Administrative Complaint and waive my right to object and to have a hearing. 1 understand that by giving up the right to object and have a hearing, a Final Order will be issued that adopts the allegations of fact and conclusions oflaw alleged in the Administrative Complaint and imposes the sanction alleged in the Administrative Complaint.
OPTION TWO (2) I admit to the allegations of fact alleged in the Administrative
Complaint, but 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 agency action is too severe or that the sanction should be reduced.
OPTION THREE (3) I dispute the allegations of fact alleged in the Administrative
Complaint and 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 21 days of your receipt of this proposed agency action. The request for fonnal hearing must confonn to the requirements of Rule 28- 106.2015, Florida Administrative Code, which requires that it contain:
The name, address, telephone number, and facsimile number (if any) of the Respondent.
The name, address, telephone number and facsimile number of the attorney or qualified representative of the Respondent (if any) upon whom service of pleadings and other papers shall be made.
A statement requesting an administrative hearing identifying those material facts that are in dispute. Iftherc are none, the petition must so indicate.
A statement of when the respondent received notice of the administrative complaint.
A statement including the file number to the administrative complaint.
Mediation under Section 120.573, Florida Statutes, may be available in this matter if the Agency agrees.
Licensee Name:
Contact Person: _ Title:
Address:-------------------------------
Number and Street City Zip Code
Telephone No. Fax No. _
E-Mail (optional)
I hereby certify that I am duly authorized to submit this Election of Rights fonn to the Agency for Health Care Administration on behalf of the licensee referred to above.
Signed: Date: _
Printed Name: --------- . Title: _
RICK SCOTT GOVERNOR
fcbruary 16, 2017
Warren Keene, Ad111i11is1rn1or
Home Association, The 1203 E 22nd Ave Tampa. FL 33605
SENDERS RECORD
File Numbl·r: 6293(1
License Number; 12400962 Provider Type: Nuri-ing Home
JUSTIN M. SENIOR
SECRETARY
CERTIFIED
RE: Complaint Number 20170018241203 E 22nd Ave, T11n1pa
It is the decision of this Agency that the Horne Association renewal application for the Nursing Home license be DENIED.
The Specific Basis for this determination is:
Due to Senior Care Group, Inc.'s Sll\jX:nsion from the Medicaid program of Oklahoma, and for failure 10
timely pay quality m,sessment fines for a fourth or greater time. The stutulory references related to the
rt:', vout1i(1n action are the fol!owi ng: Srcrions 408.8 I 5( I )(e), 408.831{i )(a), and 409.9082(7), Sta1U1es (2016), and Rule 59G-6.010(4) & (5), Florida Administrative Code (2016).
EXPLANATION OF RIGHTS
Pursuant 10 Se,·tiun 120.569, F.S., you have the right to request an administrative hearing. In order to obtain a formal proceeding before rhe Division of Administrative Hearings under Section 120.57( l), F.S., your request for an administrative hearing must conform to the requirements in Seel ion 28-106.20 l, Florida Administrative Code (F.A.C), and must state the material facts you dispute.
SEE ATTACHED ELECTION AND EXPLANATION OF RIGHTS FORMS.
K,thlectJf
If you have any questions or need further assistance, please call Kathleen Munn at (850} 412-4427 ore- mail al
u M:magcr
Long Term Care Unit
Agency for Health Care Administration
cc: Legal Intake Unit, MS# 3
2727 Mahan Drive • MS#33 Tallahassee, FL 32308 AHCA.MyFlorlda.com
EXHIBIT 2
Facebook.com/AHCAFlorida Youtube.com/AHCAFlorlda Twitter.com/AHCA_FL SlldeShare.net/AHCAFlorida
Horne A sol'iation. The J--ehrt1ary 16, 20 l 7
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADl\11NISTRATION
RE: Home Associulion, The Case Number: 2017001824
.ELECTION OF RIGHTS
This l:.h:ction of Right form is ttltacht>d to a proposed Notice of Intent 10 Dee1n Jncompkte and Withdraw from Further Review of the Agt:ncy for Health Care Administration (AHCAJ. The title may be Notice of Intent to Deem lncom1>ll·tc and Withdraw from .Furthn RL·,kw or some other notice of inkndcd action by AHCA.
An Elel'tion of Righl!i must he returned by mail or by fax within 21 duys of' the da\' you receive the attached Notice of Intent to Deem lncompleh: and Withdraw from Furthl'r Review or any other proposed action IJ)' AHCA.
Jf an Eh.·ction of Rights with your selected option is not n•ct•h·cd by AHCA within twenty-one (21) days from the date you received this notice of proposed ;1etion, you will have given up your right to contest the Agcncy'_i, propo ed action and a final order will be isstH:d,
(Pk;N reply usl!1!! this l:lt:crn)u...9.i..Hi.g!iL !(q n; uuless you, youi allorrn:y or yom n:pre l:nwtive prcft:r to reply
acrnrding to Clwp!t:r 120, Florid,i St:itutc·s (2006) and Ruic; 28, Florida Adrnini,Matin: Code.)
Please return your ELECTION Of· RJGHTS IO
Agency for Health Care Administration Allention: Agency Clerk
2727 Mahan Drive, Mail Stop #3
Tallahassee, florida 32308
Phone: (850) 412-3630 Fax: (850) 921-0 I 58
OPTJON ONE (I)
I admit to the allegations of facts and Jaw contained in the Notice of Intent to Deem
Incomplete and Withdraw from .Further Revie", or other notice of inlended action by AHCA and I waive my right to object and have a hearing. 1 understand that by giving up my right lo a hearing. a final order will be issued that adopt the proposed agency action and imposes the proposed penalty, fine or action.
OPTJON TWO (2) I admit to the allegations of facts contained in the Notirl' of Intent to Deem
Incomplete and Withdra" from l•urthcr Review, or other proposed action by AHCA, but I wish to be heard at an informal proceeding (pur u m! to Section 120.57(2), Horidu Statutes) where I may submit
testimony and written evidence to the Agency to show that the propoi.ed administmtive action is too severe or that the fine should be reduced.
OPTION THREE (3) I dispute the allegations of fact contained in the Notice of Intent to Deem
lncomplch.• and \\'ithdraw from Further Rcl-'iew or other proposed action by AHCA, and I request a formal hearing tpunuant to Section 120.57( I). Florida Statutes} before an Administrative Law Judge appointed by the Division of Administrative Hearing:-;.
Home Association. The
February I 6. 20 l 7
Page #2
PLEASE NOTE: Choosing OPTION THREE 0), by itself, is NOT sufficient to obtain a formal hearing. You also must file a written petition in onkr In ohtain a formul hearinp. heforL' !he Diviidon of Administraliw 1 learings u1Hkr Suhsection 120.57( I). Florid., Stillutes. It must he received hy the Agt'ncy Clerk a1 the addre s ahO\e within 21 da 'S nf receipt of lhi-.; proposeJ udminislralive action. The request for fornml hearing must conform lo the rcquircmems of Rule 28-I06.20l, FloriJa Administrative Code, which ref!uire that ii contain:
The name anu ...H..ldress of t·ach agency affected and each agency's file or identification number. if
known;
2. Your name, address, and telephonL' number, and the nmne, address, and tch!phone number or your
reprt!senlillive or lawyer, if any:
1 An t">.pli1na1ion of how your ,t1bs1anti11I inleresls will he affected hy the Agency's proposed acrion;
A statement of when anu how you recci ved notii.:c of !he Agency's propo)..cd action;
A stakn1l!nt of all disputed issues of nmterial fol.'L If there nre none, you must state 1hat there are none:
A concise statement of the ultimate facts 11llcgcJ, including the specific fuels you contend warrant reversal or modification nf th!.'. Agency's proposed action;
A statement of the spL cific rules or statutes you claim rcyuire rcwrsal or n1odification or th1:
Agency's proposed action; and
A slatemcnt or the relief you are scd;ing, staling L'>-actly w·hat ac:1ion you wish 1he Agency to take
with respect to its proposed action.
t '.\frdiat ion undt'r Sect inn l 20.."i7J, Florida Statutes, nuy he nv,!ilahk in this matter if the Agency agrees. l Licens Type: Nursing Home License Numher: 12400962
Licensee Name: Home A!-.!,ociation, The
Conlacl Person:
Name Tille
City
Telephone Nhr.: Fax Nbr.:
I herehy certify that I am duly authorized to :-.ubmit 1his Notice of Election of Rights to the Agt!ncy for Health Care Administration on behalf of the licen ee referred to above.
Signed.,_: _ Date:
Prinl
AGENCY
OFlrLORIUA
HEALTH CARE ADMINISTRATION
STATE OF FLORIDA, AGENCY FOR HEALTII CARE ADM1NIS1RATION,
Petitioner,
v.
THE BRIDGES NURSING AND REHABILITATION, LLC d/b/a THE HOME ASSOCIATION,
Respondent.
AHCA Nos.: 2016008295
2020012273
Lir.eme No.: 12400962
File No.: 62936
TIIB BRIDGES NURSING AND REHABILITATION, LLC d/b/a THE HOl\1E ASSOCIATION,
Petitioner,
v. AHCA No.: 2017001824
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,
Respondent
SETTLEM}(;NT AGREEMENT
State of Florida, Agency for Health Care Administration ("the Agency"), and The Bridges Nursing and Rehabilitation, LLC dlb/a The Home Association ("the Home Association").pursuant to Section 120.57(4), Florida St.atutes, enter into this Settlement Agreement ("Agreement'') and agree e.s follows:
WHEREAS, the Horne Association is a Killed nursing facility, commonly referred t.o as
a nursing home, was licensed pursuant to Chapter 408, Part Ill and Chapter 400, Part IL Florida
Statutes, and Chapter 59A-4, Florida Administrative Code; and
EX:HIBll" 3
WHEREAS, the Agency has jurisdiction by virtue of being the licensing and reguJatocy authority over the Home Association; and
WHEREAS, the Agency issued an Administrative Complaint (ARCA #2016008295) alleging two (2) licensure violations on September 13, 2016. The first violation aHeged was that the Home Association had been assessed Quality Assessment Fees, but had not been making timely
payments starting in April of 2015 and continued for more than four successive payments. The
second v.iolation alleged was that the Home Association's one hundred percent (100%) controJling interest, Senior Care Group, Inc. was the one hundred percent (100%) controlling interest of an entity that was terminated from the Medicaid pmgrem of another state. The Agency sought to revoke the Home Associations license to operate ll skilled nursing facility due to the two allege<! licensure violations; and
WHEREAS, The Home Association has continued to timely submit renewal applications
to renew its license to operate a nursing home facility; and
WHEREAS, the Agency subsequently sent the Home Association a Notice of Intent to Deny for Renewal ("NOI") letter (ABCA #2017001824) on February 16, 2017 based on the allegation that its controlling interest Senior Care Group, Inc. had been the controlling interest of an entity that was terminated for cause from the Medicaid pl'ognm1 of Oklahoma, and had failed to timely pay quality assessment fines for a fourth or greater time; and
WHEREAS, the Agency conducted a life safety equipment survey on or about November 7, 2018 and is prepared to issue an Administrative Complaint (AHCA #2020012273) alleging three (3) uncorrected Class ill violations in the areas of Sprinkler System - Maintenance and Testing, Corridor- Doors, and Communicating openings individing fire barriers. AH together, the action could have resulted in the imposition of three thousand dollani ($3,000.00) in fines; and
REAS, The Home Association requested Ii formal hearing for both tbe issued administrative complaint and the NOJ lettel' by filing an election ofrights form and a petition for a fontllil hearing pursuant to§ 120.57(1), Fla. Stat.; and
WHEREAS. the Home Association filed a petition for relief under Chapter 1 l of the
Bankruptcy Code, pending in the Unjted States Bankruptcy Court for the Middle District of Florida
(the "Bankruptcy Court's); and
WHEREAS, the Home Association has filed a Chapter i 1 Plan of Reorganization ("Plan"), pursuant to which SeaCaost Elite Management, Inc. ("SoaCoast'') is providing financial support for the Home Association, and is obtaining the right to designate the board members of Senior Care GJ'oup, such that the membern of the Vaughan family shall have no control of Senim· Carr:; Group or its affiliates, including the Home Association; and
\VHEREAS, 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 patties stipulate to the adequacy of considerations exchanged; and WHEREASt the parties have negotiated. in good faith and agreed that the best interest of
all the parties will be served by a settlement of this prooeeding; and
NOW THEREFORE, in consideration of the mutual promises and recitals herein, the
parties intending to be legally bound, agree as follows:
All recitals herein are true and correct and are expressly incorporated herein.
All parties agree that the above ''whereas" clauses incorporated herein are binding
findings of the parties.
Upon full execution of this Agreement, the Home Association agrees t.o waive any and all appeals and proceedings to which it may be entitled including, but not limited t.o, an informal proceeding under Subsection 120.57(2), Florida Statutes, a formal proceeding under
Subsection 120.57(1), Florida Statutes, appeals under Section 120.68. Florida Statutes; and declaratory and all writs of relief in any court or quasi-court of competent jurisdiction; and agrees to waive compliance with the form of the Final Order (findings of fact: and conclusions of law) to which it may be entitled provided, however, that this agreement shall not be deemed a waiver by either party of its right to judicial enforcement of this Agreement.
Upon full execution of this Agreement, the Parties stipulate as follows:
11. Upon entry of a Final Order of the Agency referenced in paragraph 7 below, the Home Association agrees to pay the Agency the sum of one million eiglit hundred seventy thousand seven hundred ninety-eight dollars and forty--eight cents ($1,870,798.48) in full settlement of any obligations owod to the Agency b)1 making a payment on the Effective: Dt.k of the Home Association' bankruptcy Plan in the amount of one million dollars ($1,000J000.00), and by thereafter making quarterly payments of ninety thousand dollars ($90,000.00) until the Agency has received the sum total owed.
Upon the issuance of a Final Order e.doptilig this agreement the Agency shall
withdraw its revocation actions in its administrative complaint; and withdraw
its NOi letter.
Upon the issuance of a Final Order adopting this agreement, the Agency shall promptly resume its review of the Home Association's two (2) renewal applications. If the renewal applications are compl and in compliance of aU the requirements of Florida Statutes and Agency 1ul the license shall be issued. If there are still any outstanding legal issues. the Agency shall promptly notify the Provider of the issues. Nothing in this Agreement shall prohibit the Agency from again denying the application based upon any statute or rule, and
if applicable, an unsatisfactory !icensure survey. Should the application be denied, the Home Association shall be afforded all rights under Florida law to contest the denial.
Nothing in this Agreement shall be interpreted as a derogation or expansion of the Agency's licensure responsibilities unde.i· law. No provision of this Agreement shall be interpreted as a commitment by either party to enter into an agreement for the transfer of the Home Association's licensure to a third party or a commitment of the Agency to grant licensure or recommend certification to any such change of ownership applicant.
The failure to comply with this Agreement shalJ constitute grounds for the deniJ.d of any friturr i-..ppHcation (n:.ncwaJ, ch&nge of O'WnershiJi, cap&city increase, or otherwise) filed by the Home Association or any change of ownership applicant
A Federal bankruptcy court order confirming the Home Association•s Plan, with tenns consistent wi1h the financial treatment contained herein, and approving this Agreement is a condition precedent to the entirety of paragraph 4 of this Agreement Should this condition not be met, this Agreement becomes null and void and the Agency's NOI and complaint prosecution actions shaJl proceed in due course, and the Home Association's election of rights will preswne to stand, wjthout any waiver of its due process rights.
S. Vonue for any action brought to intetpret, enforce or chailenge the terms of this Agreement and its corresponding Final Order shall lie solely in the Circuit Court of Florida, in and for Leon County) Florida.
By executing this Agreement, the Home Association does not admit the facts and
legal conclusions raised in the administrative complaints and the NOI referenced here and the Agency asserts the validity thereof. The Agency is not precluded from using the subject events for any puipose within the jurisdiction of the Agency other than the actions aJready sought in the administrative complaint and NOL Further, the Home Association acknowledges and agrees that this Agreement shall not preclude or estop any other federal, state or local agency or office from pursuing any cause of action or taking any action, even if sed on or arising from, in whole or in part, the facts raised in the administrative complaint or NOL
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 case.
Each party shall bear its o·wn costs and attorney's fees.
'.Ibc Home A.. sr,da!lon, foy rtself rnd it, 1 th1.ted m n:,i,u!tjng orgr..ni7.ations, successors, transferees, attorneys, heil's, and executors or administrators, discharges the State of Florida, Agency for Health Care Administration, and its agents, representatives, and attorneys, of and from 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 claims that were or may be asserted in any federaJ or state court or administrative forum, including any claims arising out of this agreement. by or on behalf of the Home Association or its related or resulting organizations.
This Agreement is binding upon all parties and those persons and entities that are
identified in the above paragraph.
· In the event that the Home Association was a Medicaid provider at the time of the occurrences alleged in the administrative complaint and NOI letter, this Agreement does not prevent the Agency from seeking Medicaid oveipayments not included in the original charging documents related to the subject issues or from imposing any further sanctiol18 pursuant to Rule
Page6 of8
590-9.070, Florida Administrative Code, 111is Agreement does not settle any pending or potential Federal actions again.st the Home Associntion. This Agreement does not prohlbit the Agency from taking any action regarwag the Home Association' Medicaid provider status, conditionsi requirements or contract, if applicable.
The Home Association agrees that if any funds to be paid under this Agreement tn the Agency are not timely paid as set forth in this Agreement1 the Agency may dednct the amounts assessed against the Home Association in the Final Order, or any portion thereof, owed by the Home Association to the Agency from any present 01· futut-e fund.s owed to the Home Association by the Agency, and that the Agency shaH bold a lien against present and future funds owed to the Home Association by the Agency for said amounts until paid.
l3, The undersigned hsve mac: and understand thfo Agreement and have the 1n1thority to bind their respective principals to it The Home Associatio through its representatives, has the legal capacity to execute this Agreement The Home Association understands that it has the right to consult with jts own independent counseJ and has knowingly and freely entered into this Agreement. The Home Association understands that Agency counsel repl'esents only the Agency and that Agency counsel has not provided any legal advice to, or influenced, the Home Association, or its representatives in their decision to enter into this Agreement
This Agreement contains the entire understandings and agreements of the parties. 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.
All parties agree that a facsimile signatrue suffices for an original signature.
The following representatives acknowledge that they are duly authorized to enter into this Agreement.
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| Issue Date | Document | Summary |
|---|---|---|
| Nov. 17, 2020 | Agency Final Order | |
| Oct. 20, 2020 | Agency Final Order | |
| Aug. 14, 2017 | Agency Final Order |
