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
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:
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.
The parties have since entered into the attached Settlement Agreement (Ex. 2), which is adopted and incorporated by reference.
The parties shall comply with the tenns of the Settlement Agreement.
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.
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.
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.
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
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) |
Issue Date | Document | Summary |
---|---|---|
Jan. 22, 2018 | Agency Final Order | |
Jan. 22, 2018 | Agency Final Order |