The Issue The issue to be resolved in this proceeding is whether Petitioner, a family day care center owner/operator, committed violations of the Florida Statutes and the Florida Administrative Code, as alleged by Respondent, sufficient to justify Respondent's imposition of civil penalties upon Petitioner's license.
Findings Of Fact On October 26, 2000, Petitioner was notified by Respondent's representative that she was in violation of Section 402.302(7)(d), Florida Statutes, by "being over ratio" by having more than ten children in her care. Petitioner signed an acknowledgement of the notification. On October 30, 2000, Petitioner was formally notified by mail that she was over ratio. In the letter, Petitioner was notified that another violation would result in the imposition of an administrative fine. On July 16, 2002, Clark Henning, a day care licensing counselor for Respondent, made a routine inspection of Petitioner’s facility and determined that 13 children were present. On July 22, 2002, Respondent sent a certified letter to Petitioner advising her that she continued to be over ratio and that any future violations would result in the imposition of an administrative fine. Petitioner signed the certified mail receipt. On August 22, 2002, Henning made an unannounced inspection of Petitioner’s facility and observed that 14 children were in the facility. In accordance with requirements of Section 402.302(7), Petitioner is licensed to provide care to children solely in her home. During the course of his July 16, 2002 inspection, Henning observed that Petitioner was providing day care services in an out-building unattached to her home. At that time, Petitioner signed an acknowledgement of notification that Petitioner was prohibited from rendering care in an out- building. On July 18, 2002, Henning made an unannounced inspection of Petitioner's facility and noted that day care services continued to be provided in the out-building. On July 22, 2002, Respondent sent a certified letter to Petitioner advising her that if she continued to render day care services in the out-building, future violations would result in the imposition of an administrative fine. Petitioner signed the certified mail receipt. On August 22, 2002, Henning made an unannounced inspection of Petitioner’s facility and saw that the out-building was continuing to be used for day care. Section 402.302(3), Florida Statutes, requires that any person providing child care must first be properly background screened. On July 16, 2002, during his routine inspection of Petitioner’s facility, Henning observed an adult female, Molly Hilbert, providing care for the children. On July 16, 2002, Petitioner signed an acknowledgement of notification that Molly Hilbert had not been background screened. On July 22, 2002, Respondent sent a certified letter to Petitioner advising her that having Molly Hilbert in her employ without a background screening would, in the event of any future violations, result in the imposition of an administrative fine. Petitioner signed the certified mail receipt. In the course of his August 22, 2002 unannounced inspection of Petitioner’s facility, Henning observed Hilbert working with three children.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, and the candor and demeanor of the witnesses, it is RECOMMENDED that a final order be entered imposing an administrative penalty of $100 upon Petitioner's license for each of the three violations alleged in the Administrative Complaint for a total of $300. DONE AND ENTERED this 21st day of January, 2003, in Tallahassee, Leon County, Florida. DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 21st day of January, 2003. COPIES FURNISHED: Edward T. Cox, Jr., Esquire Department of Children and Family Services 1601 West Gulf Atlantic Highway Wildwood, Florida 34785-8158 Lillie Shells Shell's Family Day Care Home 9340 County Road 231 Wildwood, Florida 34785 Paul F. Flounlacker, Jr., Agency Clerk Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204B Tallahassee, Florida 32399-0700 Josie Tomayo, General Counsel Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204 Tallahassee, Florida 32399-0700
The Issue Whether the named Respondent is guilty of an unlawful employment practice to wit: race, religion, national origin, and retaliation.
Findings Of Fact Petitioner is a Pakistani citizen, female, and a practicing Muslim. Petitioner came to the United States in July 2003, and was employed by Alachua Nursing and Rehabilitation Center, a nursing home. As a practicing Muslim, Petitioner wore her traditional Pakistani robes to work on Fridays so that she could go to her mosque in her off-duty hours. At some point, Carl Young, a white male American, was hired as administrator of the facility. Petitioner's unrefuted testimony was that, at various times, Mr. Young said to her, "Oh, I hope you're not a terrorist"; "I'll kill you"; and "Shut up." On one occasion, Mr. Young told her about her robes, "You look like a terrorist. You have to stop wearing that." In March 2004, Steve Strawn, whom Petitioner believed to be one of the people buying the nursing home, told Petitioner she should make an application for employment to the purchasing entity or she could not stay employed after May 1, 2004. Petitioner claims Steve Strawn and Shelby Parker, whom Petitioner also believed to be buying the nursing home, took over the nursing home on February 1, 2004, but she had no solid information to corroborate that belief. The after-filed authorization for Ms. Bennett's representation of Respondent in this proceeding shows Ms. Shelby Parker as the "Director" of "The Manor at Gainesville." Petitioner claimed to have made her new employment application before May 1, 2004, but she had no copy of her application to put in evidence, and it is not clear to what corporate entity she applied. On or about March 29, 2004, Petitioner filed an internal grievance against Mr. Young. At Mr. Strawn's instruction, Petitioner was interviewed by third parties concerning her complaint. (See Finding of Fact 11.) On April 6, 2004, Integrity Health Care Systems, Inc., wrote Global Compliance Services concerning its investigation of Petitioner's foregoing allegations against Mr. Young. There is no competent evidence to explain the relationship of either of these entities to the Alachua Nursing and Rehabilitation Center or to The Manor at Gainesville. It appears that Petitioner did not provide the page of this exhibit (P-1), giving a final conclusion of the Integrity Health Care investigators, but most of their report points to Mr. Young's "shut up" incident being the only allegation of Petitioner against Mr. Young corroborated by the investigators. At some point, Mr. Young told Petitioner that there had been a complaint of abuse against her by three patients and he was putting her on leave. The Department of Children and Family Services investigated this complaint and returned a report that no indicators of abuse by Petitioner could be found. Petitioner testified, without refutation, that Mr. Young allowed her to return to work, and when she returned to work, on April 13, 2004, he fired her because she had complained against him to management. Petitioner certainly has not worked at the nursing home since May 1, 2004 and probably not since April 13, 2004. Alachua Nursing and Rehabilitation Center was renamed The Manor at Gainesville, effective May 1, 2004. Ms. Bennett did not know what corporate entity initially appointed Carl Young administrator or what corporate entity he worked for from February to May 2004. She did not know if he had been appointed under a Bankruptcy Court Order. She was unsure whether Mr. Young had worked for The Manor at Gainesville after May 1, 2004. Respondent offered Exhibit R-1, an Allocation Agreement, to which Petitioner objected. The exhibit is clearly hearsay (an out-of-court statement offered for the truth of its contents). It was considered here only pursuant to Section 120.57(1)(c), Florida Statutes, to explain or supplement other evidence. The Allocation Agreement was entered in facilitation of a transfer of property on or about May 1, 2004, between Healthcare Properties, Inc., a Florida S-corporation (Purchaser), The Manor at Gainesville, Inc., a Florida S Corporation (Lessee), and Marshall Preston Sweeney, an individual as court-appointed receiver. It states: Effective as of the Transfer Date, Lessee, at its sole discretion, may hire any or none of the former Nursing Home employees ("Employees") who complete a job application. Neither Purchaser nor Lessee shall be responsible for the Employees' accrued wages, salaries, sick leave, vacation time, and other benefits that have accrued and are due to the Employees as of 11:59 p.m. on the day immediately preceding the Transfer Date. Neither Purchaser nor Lessee shall be responsible for any claims, liabilities, losses, damages, demands, causes of action, suits (whether actual, pending, threatened, or suspected) or liability costs or expenses of any kind relating to any and all Employees and/or employment matters including, without limitation, Employee claims, employment discrimination, harassment, back pay, accrued time off, qui-tam issues, garnishments, and COBRA issues, or any other Employee or employment issues (herein referred to as "Employment Issues") that occurred or accrued prior to the Transfer Date. Neither Purchaser nor Lessee shall have any responsibility for any Employment Issues arising for such Employment Issues occurring on or after the Transfer Date for its own employees. Receiver shall identify all actual, pending, threatened, or suspected Employment Issues in the attached Schedule 2. No pending threatened or suspected employment issues are identified in the document. The document recites that due to failure to meet debts, a foreclosure resulted in the Purchaser tendering the highest and best bid on the Alachua Nursing and Rehabilitation Center nursing home property, and that the Purchaser will take title to the real property, lease the nursing home, and hold the state nursing home license. The Allocation Agreement was signed by Steve Strawn, as President of Healthcare Properties, Inc., Purchaser. Mr. Strawn also signed as President of the Lessee, The Manor at Gainesville, Inc. Marshall Preston Sweeney, the receiver, also signed the Allocation Agreement.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED: that the Florida Commission on Human Relations enter a final order dismissing Petitioner's Charge of Discrimination and Petition for Relief. DONE AND ENTERED this 10th day of May, 2005, in Tallahassee, Leon County, Florida. ELLA JANE P. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 10th day of May, 2005. COPIES FURNISHED: Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Noreen Abrar 309 Southwest 16th Avenue, No. 157 Gainesville, Florida 32601 Angi R. Hill Kimnie Bennett The Manor At Gainesville, Inc. 1000 Southwest 16th Avenue Gainesville, Florida 32601
The Issue The issue for determination in this case is whether Petitioner should be granted an exemption from disqualification for purposes of the re-issuance of his wife's license as a family day care home operator.
Findings Of Fact In 1994, Elizabeth Rohr, wife of Petitioner, Claus Rohr, made application to the Pinellas County Licensing Board for a child day care license. Petitioner, as a family member over 12 years of age residing with the operator, was required to undergo a background screening as part of the licensure proceedings. At the time of his wife's initial application for licensure in 1994, Petitioner and his wife disclosed to the Pinellas County Licensing Board that in 1981 Petitioner had been convicted of possession of Diazepam, a controlled substance, which was a disqualifying offense. The background screening conducted by the Pinellas County Licensing Board in 1994 confirmed Petitioner's conviction of possession of Diazepam, a controlled substance in Broward County, Florida, on March 9, 1981. Due to an error in the reporting procedures from the Florida Department of Law Enforcement and the Federal Bureau of Investigation, the background screening conducted in 1994 by Respondent, Department of Children and Family Services, the successor agency to the Department of Health and Rehabilitative Services, did not reveal Petitioner's 1981 conviction for possession of a controlled substance. Subsequently, Elizabeth Rohr was mistakenly approved for a child day care license. In 1998 During a routine five-year background re- screening of Elizabeth Rohr's license, Respondent discovered Petitioner's 1981 conviction. Petitioner thereafter made application for exemption from disqualification, which as indicated above, was denied by Respondent. During the pendency of these proceedings, Petitioner's wife has retained her license on the condition that Petitioner could not be present at the times of the operation of the day care center. Respondent's denial of Petitioner's request for exemption is based not only on Petitioner's 1981 conviction for possession of Diazepam, but also on Petitioner's conduct subsequent to his 1981 conviction. Specifically, the letter of denial of exemption cites Petitioner's 1992 adjudication for driving under the influence (DUI), and Petitioner's 1997 adjudication for aggravated assault on a law enforcement officer, fleeing and eluding, reckless driving, and DUI. Petitioner is a recovering alcoholic with a history of substance abuse problems. In addition to his 1981 conviction for possession of Diazepam, law enforcement records indicate that on April 20, 1980, Petitioner was arrested for DUI, possession of marijuana, possession of drug paraphernalia, and resisting arrest. Law enforcement records further reflect that on March 14, 1981, Petitioner was arrested for disorderly conduct, and on May 5, 1981 Petitioner was arrested for DUI and driving while his license was revoked. In March of 1992 Petitioner was arrested and convicted of driving with a suspended license, and on March 22, 1992, Petitioner was arrested and incarcerated for violation of the terms of his probation in the 1981 conviction for possession of Diazepam. On December 4, 1996, Petitioner was arrested by Detective Anthony Russo of the Pinellas Park Police Department for speeding, DUI, aggravated assault on a law enforcement officer, fleeing, and eluding. Detective Russo testified at hearing that Petitioner was stopped for speeding and was observed to be intoxicated. Petitioner attempted to flee, and during the course of flight Petitioner engaged in a high-speed chase, driving without lights, and running a stop sign. At one point during this incident Petitioner made a U-turn and turned his vehicle toward Detective Russo. Petitioner entered pleas of nolo contendere to DUI, reckless driving, fleeing and eluding a law enforcement officer, and aggravated assault on a law enforcement officer. Petitioner was released from probation on these charges in July of 1998. In addition to these incidents, Petitioner was arrested on August 27, 1996, for domestic battery. This arrest arose from what Petitioner's wife described at hearing as a "dry drunk" episode during which Petitioner outwardly manifested signs of alcoholic behavior although he had not consumed any alcohol. At this time Petitioner engaged in an altercation with his seventeen-year-old daughter which escalated into a physical confrontation with his wife. During this incident Petitioner's wife feared for her children's safety and locked them in a room. With the concurrence of his wife, the charges of domestic violence against Petitioner were ultimately dismissed. Subsequent to his arrest in December 1996, Petitioner has made significant rehabilitation efforts. He has regularly attended Alcoholics Anonymous (AA) meetings and has maintained his sobriety for more than eighteen months. Petitioner has also maintained steady employment with an optical lens company and has received a raise in salary in March of 1998. Additionally, Petitioner is enrolled in a Microsoft certification program at St. Petersburg Junior College, and has received a cumulative grade point average of 3.19 on a 4.0 scale. Petitioner and his wife are active members of St. Andrews Lutheran Church and regularly participate in church youth activities. Petitioner's current AA sponsor testified that Petitioner is making progress in his twelve-step program, and she has not observed any relapses on Petitioner's part. Relapses are not uncommon in persons suffering from alcoholism, and Petitioner has experienced relapses several times during his prior attempts to cope with his substance abuse problems. As indicated above Elizabeth Rohr has been licensed, although mistakenly, to operate a child day care center beginning in 1994. There have been no complaints nor any incidents of misconduct on the part of Petitioner and his wife reported to the Respondent during that time. Christopher Witts, who has taken his daughter to Mrs. Rohr's day care center for four years, testified that he was aware of Petitioner's past problems and has no apprehension in utilizing Mrs. Rohr's day care services for his daughter, which he considers excellent.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that Respondent enter a Final Order upholding the denial of Petitioner's request for exemption at this time. DONE AND ENTERED this 22nd day of September, 1998, in Tallahassee, Leon County, Florida. RICHARD A. HIXSON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of September, 1998. COPIES FURNISHED: James Deakyne, Jr., Esquire Deakyne & James 216 Mirror Lake Drive, North St. Petersburg, Florida 33701 Frank H. Nagatani, Esquire Department of Children and Family Services 11351 Ulmerton Road, Suite 100 Largo, Florida 33778 Gregory D. Venz, Agency Clerk Department of Children and Family Services 1317 Winewood Boulevard Building Two, Room 204 Tallahassee, Florida 32399-0700
The Issue The issue presented is whether Respondents' foster home license should be revoked.
Findings Of Fact Respondents have been licensed by Petitioner to operate a foster home since August 1994. At all times material hereto, Mercedes and Topacio Hernandez were foster children who resided in Respondents' home. Mercedes was born on October 3, 1986, and Topacio was born on August 31, 1988. On March 1, 1996, Darlise Baron, a protective investigator for Petitioner, picked up Mercedes and Topacio from school and took them home. When she picked them up, they and their clothes were dirty. When they arrived at Respondents' home, Baron allowed the girls to play outside in the dirt while she waited for a Spanish-speaking police officer to arrive to assist her with her investigation. After Baron and the police officer entered Respondents' home, Baron inspected the kitchen area. The refrigerator contained "hardly any food", and the cabinets contained only a "couple of cans of vegetables." Respondent Ana Diaz explained to Baron that the girls received their breakfasts and lunches at school and the family had their evening meals catered. Baron noted that Mercedes was "average weight" and Topacio was "small for her weight". It is assumed from Baron's description that Topacio was overweight. Baron noticed a slide lock on the outside of the girls' bedroom door. The lock was the type where one merely raises the knob and slides the lock over. The lock was not a "dead bolt" lock. What Baron did not notice was that there were such slide locks on the outside of all the bedroom doors in Respondents' home. The purpose of the locks was to prevent Respondents' granddaughter from entering any of the bedrooms unattended. That toddler was the child of Respondents' daughter who also resided with Respondents. Baron determined that Mercedes and Topacio were not in immediate danger. She determined that the children did not need to be removed from Respondents' home. On March 4, 1996, Brenda Boston, a foster care unit supervisor for Petitioner, visited Respondents' home. She checked the sheets on the girls' bed: the top sheet was clean but the bottom sheet was soiled. In her view, the girls' bedroom was untidy because there were some packed boxes in the room. Boston checked the refrigerator and found it empty but there was a box of food in the freezer. The cupboards were also empty. Respondent Ana Diaz explained that their food was catered and showed Boston containers of warm food on the kitchen counter. There were no snacks available for the girls at that time. While Boston was there, she observed the interaction among Mercedes, Topacio, and Respondents and found it to be good. She determined that the foster children were not in any immediate danger and left them in Respondents' home. Lee C. Hickey is a social worker who has been the case manager for Mercedes and Topacio since December 1995. She sees the girls on a weekly basis, at home, at school, or in therapy. She has observed the interaction among them and the other students and the interaction among them and Respondent Ana Diaz and has found those interactions to be positive. Although she testified that there were no books in the Diaz foster home for the girls to read, she did not testify as to when that situation occurred and for how long that situation continued to exist. She did testify, however, that Topacio was in the second grade at the time and could not read. On March 26, 1996, Carol Rodriguez, a counselor employed by Petitioner, visited the Diaz foster home. She observed the children's room to be neat. Although she noticed the slide lock on the bedroom door, she did not question its presence. During that visit, Respondent Ana Diaz indicated that she was not happy with the Department and wanted Mercedes and Topacio removed from the home. On March 29, 1996, Rodriguez spoke with Respondent Ana Diaz who told her that Petitioner needed to remove the children from the Diaz home that day because Respondent Alejandro Diaz needed surgery on an emergency basis and they were leaving for Columbia the next day. Respondents did not lock Mercedes or Topacio in their bedroom for punishment, did not require them to clean the house in order to eat, did not keep them from eating meals as a family, and did not hit or threaten them. The children missed several therapy appointments when Respondent Ana Diaz was unable to transport them to therapy. They did receive therapy, however, on February 14, 1996, two days after their father died following a terminal illness.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding Respondents not guilty and dismissing the charges filed against them. DONE AND ENTERED this 9th day of January, 1997, in Tallahassee, Florida. LINDA M. RIGOT Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 9th day of January, 1997. COPIES FURNISHED: Colleen Farnsworth, Esquire Department of Health and Rehabilitative Services 401 Northwest Second Avenue Miami, Florida 33128 Arthur Spiegel, Esquire 1800 Northwest Seventh Street Miami, Florida 33125 Richard Doran General Counsel 1317 Winewood Boulevard, Room 204 Tallahassee, Florida 32399-0700 Gregory D. Venz, Agency Clerk 1317 Winewood Boulevard Building Two, Room 204-X Tallahassee, Florida 32399-0700
Conclusions THE PARTIES resolved all disputed issues and executed a Stipulation and Agreement. The parties are directed to comply with the terms of the attached Stipulation and Agreement. Based on the foregoing, this file is CLOSED. DONE AND ORDERED this x gael, of , 20 13 , in Tallahassee, Leon County, Florida ~ OVA * 2 ELIZABETH DUDEK, SEGAETARY Agency for He<h Care Administration Page 1 of 3 Filed July 26, 2013 10:19 AM Division of Administrative Hearings CASE NO. 12-2245MPI C.1I. No. 12-2514-000 A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A 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 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. Copies furnished to: Old Cutler Retirement Home ATTN: Pamela Berryman 151 SE 15*® Road, Apt #1201 Miami, Florida 33129-1246 Email: pamelaaberryman@hotmail.com June C. McKinney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Agency for Health Care Administration Debora E. Fridie, Assistant General Counsel, MS #3 Agency for Health Care Administration Division of Health Quality Assurance Agency for Health Care Administration Home Care Unit, MS #34 Agency for Health Care Administration Bureau of Finance and Accounting, MS #14 Agency for Health Care Administration Bureau of Medicaid Program Integrity, MS#6 ATTN: Rick Zenuch, Bureau Chief Florida Department of Health Page 2 of 3 CASE NO. 12-2245MPI C.1. No. 12-2514-000 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order was furnished by United States Mail, interoffice mail, or email transmission to the above-referenced addressees this 29a oz Agency for Health Car Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308 Telephone No. (850)-412-3630 Fax No. (850) -921-0158 Page 3 of 3
The Issue The issue in this case is whether Petitioner's request for exemption for disqualification should be approved.
Findings Of Fact Upon completion of high school, J.D. was employed at Walt Disney World in the theme park. It was during her employment at Disney World that J.D. was arrested on April 13, 1990 and charged with possession of a baggie containing 1.5 grams of crack cocaine with intent to sell. J.D. pled nolo contendere to the charges and was placed on two-years probation during which she had to attend a drug treatment program. Having already completed high school, J.D. started going to school while on probation and while she was employed with Red Lobster as a cook and coordinator at night. J.D. held the job with Red Lobster from 1990 to 1993, when she relocated to Jacksonville, Florida. J.D. attended classes at the Orlando Vocational-Technical Center and was awarded a certificate for 56 hours of home health aide in March 1991 and an AIDS four-hour seminar. On March 13, 1992, J.D. was awarded a certificate for completion of care of the Alzheimers client; and on March 17, 1992, J.D. was awarded a certificate of completion of care for the stroke patient. J.D. also successfully completed the basic rescue course in CPR from the American Heart Association issued on March 21, 1992 and March 24, 1992; First Aid, Level 1 from the National Safety Council Orlando Vocational Tech on March 12, 1992; and satisfactorily completed on March 27, 1991 a 72-hour course for the home health aide with competency performance testing. By letter of February 1, 1992, J.D. was informed that she had successfully completed her substance abuse counseling with a discharge diagnosis of cocaine abuse in remission, prognosis fair, provided she follows recommendations; and the recommendations were (1) abstain from all mood-altering substances and (2) attend AA/NA meetings. On May 16, 1994, J.D. was arrested by the Orlando Police Department for possession of cannabis. On June 6, 1994, J.D. appeared before the court, waived her right to counsel, pled nolo contendere to the charge of possession, and was adjudged guilty. As stated above, J.D. relocated to Jacksonville, and a year later was hired on June 1, 1995, as a home health care aide by Living Centers Devcon Point West Cluster, a developmental services facility. J.D. worked with clients who were in need of assistance in their daily living activities, ranging in age from minors to adults. J.D.'s cared for eight clients who were physically disabled and unable to care for themselves. J.D. worked a shift from 2 p.m. to 10 p.m.; and her specific job duties included bathing, feeding, lifting clients from their beds and chairs, and assisting with toiletries, such as combing hair. J.D. received letters of support from her supervisors and co-workers. Mercedes Joyner, Program Supervisor, found J.D. to be a superb worker who demonstrated herself to be a loving, caring, sincere, and motivated individual, who has carried out all of her duties as a responsible person and conducted herself in a professional and respectful manner toward her co-workers and superiors. Sue Fleischmann, Facility Coordinator, found J.D. to be punctual, responsible, considerate and caring with the Developmentally Disabled Clients, and who worked well with her co-workers. Patricia Welch, a co-worker, found J.D. to be a reliable and compassionate person with whom it was outstanding to work. On October 17, 1995, the Petitioner completed a substance abuse course sponsored by Northeast Florida Safety Council, Inc.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is, RECOMMENDED: That the Petitioner be granted the exemption. DONE and ENTERED this 29th day of February, 1996, in Tallahassee, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of February, 1996. COPIES FURNISHED: J.D. (address of record) Roger L. D. Williams, Esquire Department of Health and Rehabilitative Services Post Office Box 2417 Jacksonville, Florida 32231-0083 Sandy Coulter, Acting Agency Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Kim Tucker, General Counsel Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700
Findings Of Fact The PROVIDER received the Notice of Termination/Exclusion dated February 9, 2012. The PROVIDER filed a petition requesting an administrative hearing. On April 16, 2012, the Agency rescinded the sanction contained within the February 9, 2012 correspondence, advising PROVIDER that PROVIDER had no further obligation to the Agency pursuant to the February 9, 2012 Sanction Notice.
Conclusions THIS CAUSE came before the undersigned for issuance of a Final Order on a Notice of Termination, dated February 9, 2012 (CI. No. 121622000). By the Notice of Sanction, the AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA” or “Agency”), informed the Respondent, KENDALL HOME HEALTH AGENCY, LLC, (“PROVIDER”), that the Agency excluding the Provider from participation in the Florida Medicaid program pursuant to Florida Statutes §409.913(14). The PROVIDER filed a petition with the Agency, requesting a formal administrative hearing. The Agency forwarded PROVIDER’S hearing request to the Division of Administrative Hearings (“DOAH”) for a formal administrative hearing. On April 16, 2012, the Agency issued correspondence to the PROVIDER, stating that the sanction for termination issued in its February 9, 2012 letter was rescinded, and PROVIDER had no further obligations pursuant to the February 9, 2012 correspondence. Filed June 5, 2012 9:57 AM Division of Administrative Hearings On April 23, 2012, the parties filed a Joint Motion to Dismiss based upon the February 9, 2012 correspondence from the Agency that rescinded the sanction at issue in this case. On April 24, 2012, DOAH closed its case file on this matter and relinquished jurisdiction to the Agency.
