The assisted living administrator who tossed out several elderly patients is fighting her $12,500 fine. In the meantime, the state’s 45-day deadline to reimburse those families has expired with non payment.

The assisted living facility operator who forced elderly patients with dementia and Alzheimers to move out of her facility, giving them less than 36 hours’ notice, will fight the $12,500 fine levied on her last month by the Florida Agency for Health Care Administration.

Rudy’s Agape House administrator and owner Nancy Cushman has opted to take the case before the Florida Division of Administration Hearings, AHCA press secretary Shelisha Coleman said. AHCA is the state agency responsible for oversight on the state’s assisted living facilities.

“The case is in litigation,” Coleman said.

Cushman now faces an expanded Department of Children and Family Services investigation beyond the adult protection investigation initiated shortly after Cushman’s actions went public. DCF confirmed it knows of allegations that Cushman is adopting a child of an employee who lost custody of the child, in order to illegally keep them together.

“I spoke with our child welfare professionals regarding the situation and they are aware,” DCF Suncoast Region Communications Director Natalie Harrell said.

State statutes mandating confidentiality of child abuse investigations prevents the agency from commenting further, Harrell said. Reasons behind the mother’s loss of custody are unknown.

Cushman also may face additional legal and civil troubles related to the evictions. According to one resident’s relative, Jeanette Traylor, Cushman also has failed to meet a state regulation that requires her to refund the families within 45 days when a resident is forced to leave after having paid a month’s rent.

Cushman collected the rents from the families on March 1 knowing her eviction status and plans to move. Traylor is asking for reimbursement of pro-rated rent and bed and clothing reimbursement for bed bug infestation….

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