Riverwood Nursing Center, LLC v. Agency for Health Care Administration
2011 Fla. App. LEXIS 3207
| Fla. Dist. Ct. App. | 2011Background
- Glenwood Nursing Center (Glenwood) was surveyed by AHCA for compliance with state and federal nursing home regulations.
- AHCA issued February 12, 2010 statements of deficiencies (state law and CMS-federal deficiencies).
- CMS issued an Imposition Notice of Immediate Jeopardy against Glenwood on February 16, 2010, with a hearing deadline of 60 days.
- Glenwood failed to file a written request for hearing by June 14, 2010; counsel later sought to belatedly file and requested an extension.
- AHCA dismissed Glenwood’s belated hearing request on June 18, 2010 for untimeliness but allowed amendment to explain timeliness; final dismissal with prejudice followed.
- Glenwood argued equitable tolling based on AHCA counsel’s representations and that the April 16, 2010 CMS letter constitutes a request for AHCA hearing.
- The court held Glenwood’s April 16 letter did not properly invoke AHCA hearing rights, and equitable tolling did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equitable tolling applies. | Glenwood contends AHCA's counsel tolled the deadline. | AHCA argues no tolling under Foley or Watson; clear 21-day deadline stood. | Equitable tolling does not apply. |
| Whether the June 15, 2010 hearing request was timely as an amendment/related back. | April 16 CMS letter and June 15 filing relate to an earlier request. | April 16 CMS letter cannot substitute for AHCA hearing request; filing not properly made with AHCA. | June 15 request was untimely and not a proper amendment or relation back. |
| Whether Glenwood properly filed a request for hearing with AHCA. | Copying CMS letter to AHCA field office sufficed to file. | Filing must be received by AHCA agency clerk; copying CMS did not satisfy filing requirements. | Glenwood failed to properly file with AHCA; dismissal affirmed. |
Key Cases Cited
- Foley v. Department of Health, 839 So.2d 828 (Fla. 4th DCA 2003) (equitable tolling when department’s attorney misled about hearing rights)
- Watson v. Brevard County Clerk of the Circuit Court, 937 So.2d 1264 (Fla. 5th DCA 2006) (equitable tolling not applied where late petition filed after deadline despite staff suggestion)
- Machules v. Department of Administrative Services, 523 So.2d 1132 (Fla.1988) (guideposts for equitable tolling doctrine)