STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Petitioner,

V.

DOAH No. 21-0038

AHCA Nos. 2020009252

LOVING ANGELS ASSISTED LIVING, INC.,

Respondent.

I

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Petitioner,

V.

LOVING ANGELS ASSISTED LIVING, INC.,

Case No. 20-567PH

AHCA No. 2020014968

RENDITION NO.: AHCA- 2 \ - 3 '---\41 -S-OLC

Respondent.

I

FINAL ORDER

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

1. The Agency issued the attached Administrative Complaints and Election of Rights forms to the Respondent. (Ex. 1) The Election of Rights form 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 into this Final Order.

   
   

   Based upon the foregoing, it is ORDERED:

   
   

2. The findings of fact and conclusions of law set forth in the Administrative Complaint are adopted and incorporated by reference into this Final Order.

   
   

3. An administrative fine of ($5,297.16) is imposed upon the Respondent. Pursuant to Section 429.24(3)(a), Florida Statutes, one-half of the administrative fine shall be remitted to the Resident or his or her estate, and the other half of the administrative fine shall be remitted to the Agency to be deposited in the Health Care Trust Fund, to be used for the purpose specified in Section 429.18, Florida Statutes.

   
   

   Filed April 9, 2021 3:09 PM Division of Administrative Hearings

4. Within 60 days of the service date of this Final Order, the Respondent shall remit directly to each Resident or the Resident's estate the amounts due as follows:

   
   

   A. Resident #1 - $642.96

   B. Resident #2 - $1,037.85

   1. Resident #3 - $580.68

   2. Resident #4 - $387.09

   
   

5. The Respondent shall provide the Agency a written confirmation and documentation of the resident refunds. The written confirmation and documentation shall be submitted to the Agency's counsel of record and Assisted Living Unit verifying the refund for each 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

   Facsimile: (850) 922-1984

   
   

6. In addition, within 60 days of the service date of the Final Order, the Respondent shall pay the Agency half of the administrative fine in the amount of ($2,648.58). Unpaid amounts are subject to statutory interest and may be collected by all means allowed by law. A check made payable to the "Agency for Health Care Administration" containing the above-referenced case number(s) should be sent to:

Central Intake Unit

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

Tallahassee, Florida 32308

ORDERED in Tallahassee, Florida, on this '"2(, day of-' ' 2021.

, Deputy Secretary

th 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 HEREBY CERTIFY that a true an o ct copy of t l Order was served on the below- named by the method designated on this$._ y of ,f1,.-rc., ·· '2021.

Richard J. 1oop, Age

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

Tallahassee, Florida 32308

Telephone: (850) 412-3630

Docket for Case No: 21-000038

Orders for Case No: 21-000038