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AGENCY FOR HEALTH CARE ADMINISTRATION vs MACARENA ASSISTED LIVING FACILITY, INC., 17-003469 (2017)

Court: Division of Administrative Hearings, Florida Number: 17-003469 Visitors: 14
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: MACARENA ASSISTED LIVING FACILITY, INC.
Judges: JUNE C. MCKINNEY
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Jun. 15, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 17, 2017.

Latest Update: Jan. 24, 2018
17003729_282_01232018_17321797_e



STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION 2018 JAN 22 p 12: 26


ROCIO'S HOME FOREVER, INC.,


Petitioner,

vs.


STATE OF FLORIDA, AGENCY FOR

DOAH: 17-3729

AHCA NO.: 2016009494

LICENSE NO.: 12534 FILE NO.:11968652

,0

RENDITION NO.: AHCA- / 5 -60

PROVIDER TYPE: ASSISTED LIVING FACILITY


HEALTH CARE ADMINISTRATION

-S-OLC


Respondent.

                                                               I


FINAL ORDER


Having reviewed the Notice of Intent to Deny and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:


  1. The Agency issued the Petitioner the attached Notice of Intent to Deny Renewal Application for Rocio's Home Forever, Inc. (Ex. 1). The Election of Rights forms advised of the right to an administrative hearing.


  2. The parties have since entered into the attached Settlement Agreement (Ex. 2), which is adopted and incorporated by reference.


  3. The parties shall comply with the tenns of the Settlement Agreement.


  4. The Notice oflntent to Deny is upheld and the license shall expire on March 15, 2018. Prior to that date, the Petitioner may secure a bona fide purchaser for value and enter into an arm's length transaction for purposes of a Change of Ownership.


  5. Ada Linares, individua lly, agrees, she will not apply for or hold, any licensure administered by the Agency and will not own or operate, directly or indirectly , any business entity which holds licensure administered by the Agency or serve in the capacity as administrator , or financial officer for a period of no less than two years from the date of the Final Order in this case.


  6. In accordance with Florida law, the Petitioner is responsible for retaining and appropriately distributing all client records within the timeframes prescribed in the authorizing statutes and applicable administrative code provisions. The Petitioner is advised of Section 408.810, Florida Statutes.


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


    Filed January 24, 2018 8:00 AM Division of Administrative Hearings

  8. The Petitioner is given notice of Florida law regarding unlicensed activity. The Petitioner is advised of Section 408.804 and Section 408.812, Florida Statutes. The Petitioner should also consult the applicable authorizing statutes and administrative code provisions. The Petitioner 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.


ecretary

Care Administration

ORDERED in Tallahassee, Florida, on this 1,2.. day of_J 7----= ' 20lfi.



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 that a true and correct£OP,Y of this Final O r was served on the below-

named persons by the method designated on thi of     -----l. +:                   ,20


Richar oop, Agency-Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

Telephone (850) 412-3630



Facilities Intake Unit

Agency for Health Care Administration (Electronic Mail)

Central Intake Unit

Agency for Health Care Administration (Electronic Mail)

Teresita Vivo, Senior Attorney Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Gus Suarez, Esquire,

Attorney for the Petitioner, Ada Linares and Ernesto Serrano

The Health+Business Law Group 2525 Ponce De Leon Blvd.

Suite 300

Coral Gables, Florida 33134 (U.S. Mail)

Kristian S. Oldham, Senior Attorney Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Ada Linares, Administrator, President, and Co- Owner

Rocio's Home Forever, Inc. 11751 SW 172 Street

Miami, Florida 33177

(U.S. Mail)

Honorable June C. McKinney Administrative Law Judge

Division of Administrative Hearings (Electronic Mail)

Ernesto Serrano, Vice President and Co-Owner Rocio's Home Forever, Inc.

11751 SW 172 Street

Miami, Florida 33177 (U.S. Mail)


Docket for Case No: 17-003469
Issue Date Proceedings
Jan. 24, 2018 Settlement Agreement filed.
Jan. 24, 2018 Settlement Agreement filed.
Jan. 24, 2018 Agency Final Order filed. (17-3469)
Jan. 24, 2018 Agency Final Order filed (17-3729).
Oct. 17, 2017 Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 16, 2017 Joint Motion to Relinquish Jurisdiction filed.
Oct. 16, 2017 (Joint) Motion to Relinquish Jurisdiction filed.
Sep. 21, 2017 Macarena Asisted Living Facility, Inc. and Rocio's Home Forever, Inc.'s Request for Production filed.
Sep. 21, 2017 Macarena Assisted Living Facility, Inc. and Rocio's Home Forever, Inc.'s Request for Admissions filed.
Aug. 14, 2017 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for October 25 and 26, 2017; 9:30 a.m.; Miami and Tallahassee, FL).
Aug. 10, 2017 Unopposed Motion for Continuance filed.
Aug. 07, 2017 Response to Petitioner's Request for Admissions filed.
Aug. 04, 2017 Notice of Transfer.
Aug. 04, 2017 Order of Consolidation (DOAH Case Nos. 17-3469, 17-3729).
Aug. 03, 2017 Joint Motion to Consolidate and Transfer Case filed.
Jul. 03, 2017 Agency's First Request for Admissions filed.
Jun. 30, 2017 Notice of Scrivener's Error filed.
Jun. 27, 2017 Notice of Appearance (Rafael Gaitan) filed.
Jun. 26, 2017 Order of Pre-hearing Instructions.
Jun. 26, 2017 Notice of Hearing by Video Teleconference (hearing set for August 23 and 24, 2017; 9:00 a.m.; Miami and Tallahassee, FL).
Jun. 22, 2017 Joint Response to Initial Order filed.
Jun. 20, 2017 Notice of Appearance (Kristian Oldham) filed.
Jun. 15, 2017 Initial Order.
Jun. 15, 2017 Administrative Complaint filed.
Jun. 15, 2017 Request for Formal Hearing Involving Disputed Issues of Material Fact filed.
Jun. 15, 2017 Notice (of Agency referral) filed.

Orders for Case No: 17-003469
Issue Date Document Summary
Jan. 22, 2018 Agency Final Order
Jan. 22, 2018 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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