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AGENCY FOR HEALTH CARE ADMINISTRATION vs SOUTH FLORIDA HOME SERVICES, INC., 20-003325 (2020)

Court: Division of Administrative Hearings, Florida Number: 20-003325 Visitors: 20
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: SOUTH FLORIDA HOME SERVICES, INC.
Judges: ROBERT S. COHEN
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jul. 23, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 29, 2020.

Latest Update: Dec. 25, 2024
20003325_282_11062020_15044335_e


STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINIST RATION,


Petitioner,


vs.


SOUTH FLORIDA HOME SERVICES, INC. ,


Respondent.

I

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION ,


DOAH Case Nos.: 20-3325

20-3326

AHCA Case Nos.: 2020008651

2020010276

Facility Type: Assisted Living

License No.: 9352

AHCA No.: 11953555



vs.

Petitioner,

Case Nos.: 2020008710

2020008655

Facility Type: Assisted Living


VIDA NUEVA #1 CORP.,


Respondent.

I STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,



vs.

Petitioner ,

Case Nos.: 2020013459

2020013465

Facility Type: Assisted Living


VIDA NUEVA #1 CORP.,

RENDITION NO.: AHCA- 2-o • 7 9 -S-OLC


Respondent.

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

FINAL ORDER


Having reviewed the Administrative Complaints, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:


  1. The Agency issued the attached Administrative Complaints and Election of Rights form to South Florida Home Services, Inc. ("SFHS"), as well as an Administrative Complaint and Election of Right form to Vida Nueva #1 Corp. ("VN#l ")


    Filed November 6, 2020 3:04 PM Division of Administrative Hearings

    (Composite Ex. 1). The parties have since entered into the attached Settlement Agreement (Ex. 2), which is adopted and incorporated by reference into this Final Order.


  2. All right, title and interest in its assisted living facility license (license number 9352) by SFHS is relinquished effective as of October 31, 2020.


  3. VN#l 's assisted living facility license (license number 10840) shall be deemed surrendered and canceled effective December 31, 2020 without further action by any party, unless change of ownership licensure has been granted to a third-party applicant prior thereto.


  4. SFHS shall pay the Agency one hundred ninety-three dollars and eighty-seven cents ($193.87) by December 31, 2020, or prior to the issuance of a change of ownership licensure for VN#l, whichever shall first occur. VN#l shall pay the Agency administrative fines of thirty-eight thousand two hundred fifty dollars eight cents ($38,250.08) plus survey fees of two hundred twenty-six dollars thirty-five cents ($226.35) for a total assessment of thirty-eight thousand four hundred seventy-six dollars and forty-three cents ($38,476.43) to the Agency by December 31, 2020 or prior to the issuance of a change of ownership licensure for VN#l, whichever shall first occur. A check made payable to the "Agency for Health Care Administration" and containing the AHCA ten-digit case numbers should be sent to:


    Central Intake Unit

    Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 61

    Tallahassee, Florida 32308


  5. An additional administrative fine of $2,749.92 is imposed upon VN#l payable directly to Resident #3 or Resident #3's estate as a resident refund pursuant to Section 429.24(3)(a), Florida Statutes.


  6. VN#l shall provide the Agency a written confirmation and documentation of the resident's refund. The refund due to Resident #3 shall be paid to said resident by VN#l by December 31, 2020 or prior to the issuance of a change of ownership licensure for VN#l, whichever shall first occur. The written confirmation and documentation shall be submitted to the Agency's counsel of record and Assisted Living Unit verifying the refund for the resident. The Assisted Living Unit contact information is:


Assisted Living Unit

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 30

Tallahassee, Florida 32308

ORDERED at Tallahassee, Florida, on this 2_ day of /Vov ,2020.


reta •S

for Health Care Administration


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 correct copy o Final OrdeM, serve_d oyhe below­

named persons by the method designated on this ay of 4,----"c,..,..£..C = ' 2020.



op, Agenc

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)

Nicola L. C. Brown Assistant General Counsel

Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Gisela Iglesias

Assistant General Counsel Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Shaddrick A Haston, Esq.

Counsel for South Florida Home Services, Inc.; Vida Nueva #1 Corp.; and,

Ileana Paez, Individually Ullman Bursa Law

3812 Coconut Palm Drive Tampa, Florida 33619 (Electronic Mail)

Arlene Mayo-Davis, Field Office Manager Local Field Office

Agency for Health Care Administration (Electronic Mail)


Docket for Case No: 20-003325
Issue Date Proceedings
Dec. 18, 2020 Notice of Service of Petitioner's First Request for Admissions, First Request for Production of Documents, and First Set of Interrogatories to Respondent filed. (FILED IN ERROR)
Nov. 06, 2020 Settlement Agreement filed.
Nov. 06, 2020 Agency Final Order filed.
Sep. 29, 2020 Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
Sep. 28, 2020 Unopposed Motion to Relinquish Jurisdiction filed.
Aug. 05, 2020 Order of Pre-hearing Instructions.
Aug. 05, 2020 Notice of Hearing by Zoom Conference (hearing set for October 13 and 14, 2020; 9:00 a.m.; Tallahassee).
Aug. 05, 2020 Order of Consolidation (DOAH Case Nos. 20-3325, 20-3326)
Aug. 03, 2020 Joint Response to Initial Order filed.
Jul. 28, 2020 Notice of Service of Petitioner's First Request for Admissions, First Request for Production of Documents, and First Set of Interrogatories to Respondent filed.
Jul. 28, 2020 Initial Order.
Jul. 23, 2020 Petition for Formal Hearing filed.
Jul. 23, 2020 Administrative Complaint filed.
Jul. 23, 2020 Notice (of Agency referral) filed.

Orders for Case No: 20-003325
Issue Date Document Summary
Nov. 03, 2020 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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