The Issue Whether the doctrine of equitable tolling applies to excuse Respondent's failure to timely request administrative hearings regarding the Administrative Complaints filed against facilities 1, 2, and 3.
Findings Of Fact APD is the state agency charged with regulating the licensing and operation of group home facilities pursuant to section 20.197 and chapter 393, Florida Statutes. Angel Heart is a Florida registered corporation. Its corporate officers are Eartha Mays and Azjah Temple. Respondent's registered agent is Eartha Mays. The address for Azjah Temple, Eartha Mays, and the corporation is 18901 Southwest 106 Avenue, Suite A-111, Miami, Florida 33157. On January 23, 2020, APD filed ACs against the licenses of Angel Heart's group homes 1 through 4. According to the United States Postal Service, the ACs for group homes 1 through 3 were delivered to 18901 Southwest 106 Avenue, Suite A-111, Miami, Florida 33157, and signed for by Odra Kok at 12:06 p.m., on January 30, 2020. Odra Kok is the group home manager for Angel Heart's group home 3. On January 30, 2020, Ms. Kok happened to be in Respondent's administrative office and received and signed the certified mail receipts for the ACs related to group homes 1, 2, and 3. Ms. Kok placed the ACs on a table in the office and they were subsequently lost. Neither Ms. Mays nor Ms. Temple was in the office at the time Ms. Kok received the ACs. Angel Heart did not respond to the ACs for group homes 1, 2, and 3 within 21 days of January 30, 2020. On March 9, 2020, APD entered default final orders that revoked the licenses of group homes 1, 2, and 3. APD vacated the final orders in response to a motion filed by Respondent. Eartha Mays timely appealed the AC for group home 4. At the time the ACs were issued in January 2020, Angel Heart was already operating under a settlement agreement with APD regarding group homes 1 through 4 that resulted from one AC issued in May 2019 against all four group homes. The settlement agreement placed a number of requirements on Angel Heart, including attendance at quarterly meetings with APD officials to review compliance issues. The four identical ACs issued in January 2020 allege that Angel Heart failed to comply with certain terms of the settlement agreement. On February 5, 2020, one day after receiving the AC for group home 4, Eartha Mays emailed the AC to Kirk Ryon, APD's Regional Program Supervisor for South Florida, to get more information. Mr. Ryon did not inform Ms. Mays that three identical ACs had been issued for group homes 1 through 3. On February 14, 2020, Ms. Mays met with Kirk Ryon and other APD officials in person to conduct a quarterly meeting. The purpose of the quarterly meetings was to address any problems or complaints APD had with Angel Heart, including compliance issues. None of the APD officials at that meeting mentioned to Ms. Mays that there were a total of four ACs issued in January. On February 20, 2020, Ms. Mays filed her Request for Administrative Hearing with the APD Agency Clerk, Danielle Thompson, in response to the AC for group home 4. Although Ms. Thompson was aware of the existence of the other three ACs at the time of receiving the Request for Hearing on group home 4, Ms. Thompson did not call or correspond with Ms. Mays to inquire as to why she did not appeal the other three ACs. After filing her Request for Administrative Hearing, Ms. Mays emailed Trevor Suter, the APD attorney who authored all of the ACs, to make sure that her Request for Administrative Hearing had been received. Mr. Suter responded to that email later that same day, saying that he would make sure the clerk received it. Even though he had authored all four ACs, Mr. Suter did not call or correspond with Ms. Mays as to why she did not appeal the three other ACs. The allegations in all four ACs are identical as to Count I, and make no distinctions as to which allegations apply to which facility. Ms. Thompson found that the Request for Administrative Hearing filed by Angel Heart as to group home 4 was legally sufficient, including listing the facts alleged in the AC which were in dispute. Ms. Thompson testified that the only thing Angel Heart would have had to do to make the Request for Administrative Hearing applicable to all four ACs was to list the additional license numbers or style the title so it was clear that the appeal included all four group homes. Ms. Thompson explained that it is APDs standard procedure to give appellants who file timely, but legally deficient requests for hearing, multiple opportunities to amend their hearing requests to address deficiencies. Ms. Thompson will often call pro se appellants to advise of any deficiencies and permit them extra time to refile or amend their filing. Ms. Thompson indicated that as long as the petition for hearing was filed timely, she would allow appellants extra time to amend their petition even after the 21 days to appeal had expired.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Agency for Persons with Disabilities treat the pending Request for Hearing for group home 4 as an appeal of all four Administrative Complaints or, in the alternative, allow Angel Heart Support Services, Inc., an additional 21 days from the date of the Final Order to appeal the Administrative Complaints for group homes 1, 2, and 3. DONE AND ENTERED this 20th day of July, 2020, in Tallahassee, Leon County, Florida. S MARY LI CREASY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of July, 2020. COPIES FURNISHED: Michael Paul Gennett, Esquire Polsinelli, P.C. 1111 Brickell Avenue, Suite 2800 Miami, Florida 33131 (eServed) Trevor S. Suter, Esquire Agency for Persons with Disabilities 4030 Esplanade Way, Suite 315C Tallahassee, Florida 32399-0950 (eServed) Danielle Thompson Senior Attorney/Agency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 309 Tallahassee, Florida 32399-0950 (eServed) Barbara Palmer, Director Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 (eServed) Francis Carbone, General Counsel Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 (eServed)
Conclusions THE PARTIES resolved all disputed issues and executed a settlement agreement, which is attached and incorporated by reference. The parties are directed to comply with the terms of the attached settlement agreement. Based on the foregoing, this file is hereby CLOSED. DONE AND ORDERED on this “a” day of Deste , 2013, in Tallahassee, Florida. ye Dudek, cle t Agency for Health Care Administration Agency for Health Care Administration v. Maxim Health Care Services, Inc. Final Order — Page 1 of 3 Filed October 24, 2013 3:15 PM Division of Administrative Hearings 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: Michael J. Glazer, Esquire Jennifer F. Hinson, Esquire AUSLEY & McMULLEN 123 S. Calhoun Street, P.O. Box 391 Tallahassee, Florida 32301 melazer@ausley.com jhinson@ausley.com (Via Electronic Mail) Tracie L. Hardin, Esquire Agency for Health Care Administration 2727 Mahan Drive Building 3, Mail Station 3 Tallahassee, Florida 32308 (Electronic Mail) Agency for Health Care Administration Bureau of Finance and Accounting 2727 Mahan Drive Building 2, Mail Station 14 Tallahassee, Florida 32308 (Electronic Mail) Bureau of Health Quality Assurance 2727 Mahan Drive, Mail Stop 9 Tallahassee, Florida 32308 (Electronic Mail) Richard Zenuch, Bureau Chief Medicaid Program Integrity 2727 Mahan Drive Building 2, Mail Station 6 Tallahassee, Florida 32308 (Electronic Mail) Eric W. Miller, Inspector General Medicaid Program Integrity 2727 Mahan Drive Building 2, Mail Station 6 Tallahassee, Florida 32308 (Electronic Mail) Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (Electronic Mail) Florida Department of Health Medical License #ME0060415 (Via Email Only) Agency for Health Care Administration v. Maxim Health Care Services, Inc. Final Order - Page 2 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the above named addressees by U.S. Mail, or the method designated, on this the ZZ “day of LASDf2S 2013. Agency Clerk State of Florida Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 412-3630/(850) 921-0158 FAX Agency for Health Care Administration v. Maxim Health Care Services, Inc. Final Order — Page 3 of 3
Conclusions Having reviewed the Administrative Complaint, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows: 1. The Agency has jurisdiction over the above-named Respondent pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions. 2. The Agency issued the attached Administrative Complaint and Election of Rights form to the Respondent. (Ex. 1) The Election of Rights form advised of the right to an administrative hearing. 3. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED: 1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement. 2. Upon full execution of this Agreement, the Administrative Complaint is withdrawn. ORDERED at Tallahassee, Florida, on this 2 day of July, » 2013. udek, Secreta hare) dministration Filed July 2, 2013 1:59 PM Division of Administrative Hearings
Other Judicial Opinions 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 eo" this Final Order was served on the below-named persons by the method designated on this 7 ry of ¢ ) a , 2013. Richard Shoop, Agency Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone: (850) 412-3630 Jan Mills Facilities Intake Unit (Electronic Mail) Nelson E. Rodney Michael C. Trutt, Administrator Office of the General Counsel City of Angels Home Health Care, LLC Agency for Health Care Administration 13170 S.W. 128" Street, Suite 200 (Electronic Mail) Miami, Florida 33186 (U.S. Mail) Edward T. Bauer Dagmar Llaudy, Esquire Administrative Law Judge Law Office of Dagmar Llaudy, P.A. Division of Administrative Hearings 814 Ponce de Leon Blvd, Suite 513 (Electronic Mail) Coral Gables, Florida 33134
Conclusions THIS CAUSE came on for consideration before the Agency for Health Care Administration (‘the Agency”), which finds and concludes as follows: 1. The Agency issued the Petitioner (“the Applicant”) the attached Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review (Ex. 1). The parties entered into the attached Settlement Agreement (Ex. 2), which is adopted and incorporated by reference. 2. The parties shall comply with the terms of the Settlement Agreement. If the Agency has not already completed its review of the application, it shall resume its review of the application. The Applicant shall pay the Agency an administrative fee of $50.00 within 30 days of the entry of this Final Order. A check made payable to the “Agency for Health Care Administration” containing the AHCA number(s) should be sent to: Agency for Health Care Administration Office of Finance and Accounting Revenue Management Unit 2727 Mahan Drive, MS# 14 Tallahassee, Florida 32308 3. Any requests for an administrative hearing are withdrawn. The parties shall bear their own costs and attorney’s fees. This matter is closed. DONE and ORDERED in Tallahassee, Florida, on this | ¥ day of N. > lerber , 2011. retary are Administration Filed November 22, 2011 9:57 AM Division of Administrative Hearings
Other Judicial Opinions 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 copy of this Final Order was served on the below- named persons/entities by the method designated on this_/s day of LV lenfel ,2\1. Jan Mills Facilities Intake Unit Agency for Health Care Administration (Interoffice Mail) Richard Shoop, Agency Clen Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone (850) 412-3630 Shaddrick Haston, Manager Assisted Living Licensure Unit Agency for Health Care Administration (Interoffice Mail) Finance and Accounting Revenue Management Unit Agency for Health Care Administration (Interoffice Mail) Lafeta L. Coleman Myrtice Angels Senior Home Care, LLC 1061 Division Street Jacksonville, Florida 32209 (U.S. Mail) Carlton Enfinger, Esq. Office of the General Counsel Agency for Health Care Administration (nteroffice Mail) F. Scott Boyd Administrative Law Judge Division of Administrative Hearings (Electronic Mail)
