Riverwood Nursing Center, LLC v. Agency for Health Care Administration

58 So. 3d 907, 2011 Fla. App. LEXIS 3207, 2011 WL 831136
CourtDistrict Court of Appeal of Florida
DecidedMarch 10, 2011
DocketNo. 1D10-3723
StatusPublished
Cited by3 cases

This text of 58 So. 3d 907 (Riverwood Nursing Center, LLC v. Agency for Health Care Administration) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riverwood Nursing Center, LLC v. Agency for Health Care Administration, 58 So. 3d 907, 2011 Fla. App. LEXIS 3207, 2011 WL 831136 (Fla. Ct. App. 2011).

Opinion

ROWE, J.

The appellant, Riverwood Nursing Center, LLC, d/b/a Glenwood Nursing Center (Glenwood), appeals a final order from the Agency for Health Care Administration (AHCA), dismissing Glenwood’s request for an administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes (2010), as untimely. Glenwood asserts that AHCA erred by dismissing its request on two grounds: (1) Glenwood’s hearing request was not untimely because the filing deadline was equitably tolled; and (2) Glenwood’s hearing request merely amended, or related back to, an earlier request. For the reasons that follow, we affirm.

Facts and Procedural History

Glenwood is a nursing home that elected to participate in the Medicare and Medicaid programs subject to regulation by AHCA and the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS). AHCA is the state agency charged with administering the Florida Medicaid program and licensure and regulation of nursing homes in Florida. As part of AHCA’s regulatory function, it conducts on-site surveys and inspections, and it investigates complaints at nursing homes to determine compliance with Florida laws governing nursing home operation, maintenance, patient care, and state regulations. AHCA also conducts these surveys on behalf of CMS to report compliance with federal laws and regulations governing nursing homes. At the conclusion of the survey, AHCA prepares a re[909]*909port, called a “statement of deficiencies,” which identifies any violations of state law, and federal Medicare/Medicaid laws, observed by the AHCA surveyor. Every violation, or deficiency, is identified in a statement of deficiencies that references the statute or regulation violated, followed by AHCA’s factual findings supporting the reported deficiency. AHCA reports the results of the survey to both CMS and the subject nursing home and requests that the nursing home respond with a plan of correction to remedy the statements of deficiencies — whether based on state or federal law.

AHCA conducted a survey of Glenwood beginning February 5, 2010. On February 12, 2010, AHCA produced two statements of deficiencies concerning Glenwood: one for AHCA to declare deficiencies arising from state law violations and another for CMS to declare deficiencies arising from federal law violations. On February 16, 2010, CMS sent Glenwood an Imposition Notice of Immediate Jeopardy because Glenwood was not in substantial compliance with the federal Medicare/Medicaid participating requirements. The CMS notice listed the remedies sought and imposed fines, and provided that if Glenwood wished to appeal, it was required to file a written request for hearing within 60 days of receipt of the notice. A copy of the CMS notice was sent to the Florida “State Survey Agency,” which is AHCA.

On April 16, 2010, Glenwood sent CMS a letter requesting a hearing and disputing several federal deficiencies. The letter also stated that Glenwood was disputing the state law deficiencies. Glenwood copied an AHCA field office manager on its letter to CMS, but did not provide a copy to the AHCA agency clerk.

On May 21, 2010, AHCA filed an administrative complaint against Glenwood citing the nursing home with deficiencies relating to the February 5, 2010, survey, seeking the revocation of its nursing home license, and imposing conditions, fines, and fees. AHCA e-mailed a copy of the administrative complaint to the law firm of Glen-wood’s counsel. AHCA served the Glen-wood facility by certified mail on May 24, 2010. Attached to the complaint was an Election of Rights form expressly stating that Glenwood was required to file a written request for hearing within 21 days of receipt of the complaint, making the deadline June 14,2010.

However, Glenwood did not file the request for hearing before the June 14, 2010, deadline. Instead, on June 15, 2010, with knowledge that the deadline had expired, Glenwood’s counsel contacted AHCA’s counsel of record, who agreed to accept the belated request for hearing no later than June 18, 2010. Later that day, Glen-wood’s counsel contacted the AHCA agency clerk and asked the clerk to “hold up on any action on this case” since he had “spoken to [AHCA’s counsel] about an extension for the request for hearing.” Glen-wood’s counsel then filed the request for hearing on the afternoon of June 15, 2010.

On June 18, 2010, AHCA issued an order of dismissal without prejudice determining that Glenwood’s request for hearing was untimely, but permitting Glenwood to file an amended hearing request to explain why its untimely hearing request should be accepted as timely. On July 2, 2010, Glenwood filed a response to the order, requesting leave to amend and resubmit its hearing request. In the response, Glenwood asserted that (1) its June 15, 2010, request for hearing should be accepted as timely because the representation by AHCA’s general counsel that the request for hearing would be accepted through June 18, 2010, equitably tolled the filing deadline; and (2) because Glen-wood’s April 16, 2010, letter addressed to [910]*910CMS requesting a hearing with CMS noted that Glenwood was challenging the state law statement of deficiencies, and therefore, AHCA was on notice of Glen-wood’s challenge to the agency’s action. On July 12, 2010, AHCA issued a Final Order of Dismissal with Prejudice which (1) denied Glenwood’s request for hearing because it was untimely and because Glen-wood’s failure to submit a timely request was not subject to equitable tolling; and (2) revoked Glenwood’s license to operate a nursing home and imposed an administrative fine of $25,000. This appeal follows.

Analysis

Glenwood urges this court to reverse AHCA’s Final Order of Dismissal with Prejudice, raising two issues on appeal. First, Glenwood argues that its untimely request for hearing filed on June 15, 2010, should have been accepted by AHCA because the deadline was equitably tolled by the representation made by AHCA’s office of general counsel that AHCA would accept Glenwood’s filing after the deadline had expired. Second, Glenwood asserts that its April 16, 2010, request for hearing addressed to CMS in which it referenced it was challenging the state law statements of deficiencies should be recognized as its initial request for an administrative hearing with AHCA, and therefore, Glenwood’s June 15, 2010, request for hearing was not untimely because it was merely an amendment to, or related back to, its earlier request. For the reasons that follow, we conclude that Glenwood failed to timely and properly request a hearing under Chapter 120.

We address Glenwood’s equitable tolling argument first. The doctrine of equitable tolling has generally been applied in three circumstances: (1) when a party “has been misled or lulled into inaction,” (2) when a party “has in some extraordinary way been prevented from asserting his rights,” or (3) when a party “has timely asserted his rights mistakenly in the wrong forum.” Machules v. Dep’t of Admin., 523 So.2d 1132, 1134 (Fla.1988). None of these circumstances are present here. Glenwood has not argued that it was misled or lulled into inaction, nor has it argued that it was in some extraordinary way prevented from asserting its rights, or that it timely asserted its rights mistakenly in the wrong forum. Rather, Glenwood claims the deadline for filing its request for hearing should have been equitably tolled because of the representations by AHCA’s counsel that Glenwood’s late filing would be accepted by the agency after the filing deadline had already expired.

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Bluebook (online)
58 So. 3d 907, 2011 Fla. App. LEXIS 3207, 2011 WL 831136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riverwood-nursing-center-llc-v-agency-for-health-care-administration-fladistctapp-2011.