STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AGENCY FOR HEALTH CARE )

ADMINISTRATION, )

)

Petitioner, )

)

vs. ) Case No. 97-3114

)

ADDUS HEALTHCARE, INC., )

)

Respondent. )

)

RECOMMENDED ORDER

On September 30, 1997, a formal administrative hearing was held in this case by televideo before J. Lawrence Johnston, Administrative Law Judge, Division of Administrative Hearings. (The Administrative Law Judge was in a specially-equipped hearing room in Tallahassee, along with an AHCA witness, and the other hearing participants were in a specially-equipped hearing room in Tampa, Florida. The two hearing rooms were connected by televideo.)

APPEARANCES

For Petitioner: Thomas W. Caufman, Esquire

Agency for Health Care Administration 7827 North Dale Mabry Highway

Tampa, Florida 33614

For Respondent: Patricia Zaleski, Administrator

Addus Healthcare, Inc.

8001 North Dale Mabry Highway, Suite 701-B Tampa, Florida 33614

STATEMENT OF THE ISSUE

The issue in this case is whether the Respondent should be

fined $1,900 for failing to timely apply to renew its home health agency license.

PRELIMINARY STATEMENT

On or about June 4, 1997, the Petitioner, the Agency for Health Care Administration (AHCA), filed an Administrative Complaint, AHCA No. 06-97-178-HHA, fining the Respondent, Addus Healthcare, Inc., $1,900 for allegedly failing to timely apply to renew its home health agency license. The Respondent responded through its corporate counsel that circumstances excused its late filing and requested formal administrative proceedings.

The matter was referred to the Division of Administrative Hearings (DOAH) on July 9, 1997, and a televideo final hearing was set for September 30, 1997.

The Respondent's corporate counsel did not appear at the final hearing; instead, the Respondent's Tampa facility's new administrator, Patricia Zaleski, appeared for the Respondent. The AHCA called its one witness, and had AHCA Exhibit 1 admitted in evidence. Zaleski testified for the Respondent.

Neither party ordered the preparation of a transcript of the final hearing. The parties were given ten days to file proposed recommended orders. Neither party filed a proposed recommended order.

FINDINGS OF FACT

1. The Respondent, Addus Healthcare, Inc., is a Florida licensed home health care agency. It held a license that was due

   to expire on May 31, 1997.

   
   

2. The Respondent did not apply for renewal of its license until April 21, 1997, at the earliest. The renewal application was filed-stamped on April 23, 1997, but the envelope it came in could not be located, so there was a question as to the precise filing date. However, the verification on the renewal application was notarized on April 21, 1997, so it could not have been filed before then.

3. In accordance with its procedures for facilitating and expediting license renewals, AHCA mailed the Respondent a renewal application form on March 17, 1997. The renewal application form was mailed to the Respondent's address as indicated in the AHCA licensure files--8001 North Dale Mabry Highway, Suite 501-E. However, the Respondent had moved to Suite 701-B without notifying the AHCA. This delayed the arrival of the renewal application form until March 27, 1997.

4. After the arrival of the renewal application form at the facility's actual location, further delay resulted because the facility was without an administrator at the time. A slight additional delay resulted because of a discrepancy between the license number on the form and the Respondent's actual license number. (Several telephone calls resolved this problem.) It then took several days to compile the information necessary to complete and file the application.

   CONCLUSIONS OF LAW

5. Section 400.471(5), Florida Statutes (1995), provides in pertinent part:

   Sixty days before the expiration date, an application for renewal must be submitted to the Agency for Health Care Administration under oath on forms furnished by it

   . . . .

6. Florida Administrative Code Rule 59A-8.0086(1) provides:

   The AHCA shall deny an initial or renewal application for license, or impose a fine,

   * * *

   (e) if the applicant fails to comply with other provisions of the statute, Chapter 400, Part IV, F.S., or this rule. (emphasis added)

   
   

7. Florida Administrative Code Rule 59A-8.0086(4) provides:

   Failure to file an application within the time frames specified in this rule shall result in an administrative fine in the amount of $100 per day, each day constituting a separate violation. In no event shall such fines aggregate more than $5,000.

   
   

8. The Respondent concedes that its license renewal application was not timely filed. The Respondent primarily blames AHCA and suggests that its failure to timely file should be excused. But the evidence was that the primary cause of the delay in the Respondent's receipt of the renewal application form was the Respondent's failure to properly notify the AHCA of the change of location of its facility and its failure to have, or cover for the absence of, an administrator for its facility. It is concluded that these circumstances do not excuse the Respondent or mitigate the amount of the fine to be imposed in this case.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that the Agency for Health Care Administration

enter a final order finding the Respondent, Addus Healthcare,

Inc., guilty as charged and imposing a fine in the amount of

$1,900.

RECOMMENDED this 24th day of October, 1997, in Tallahassee, Leon County, Florida.

J. LAWRENCE JOHNSTON 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 24th day of October, 1997.

COPIES FURNISHED:

Michael J. Dioguardi Corporate Counsel

10 West Kinzie

Chicago, Illinois 60610

Patricia Zaleski, Administrator Addus Healthcare, Inc.

8001 North Dale Mabry Highway, Suite 701-B Tampa, Florida 33614

Thomas W. Caufman, Esquire

Agency for Health Care Administration 7827 North Dale Mabry Highway

Tampa, Florida 33614

Sam Power, Agency Clerk

Agency for Health Care Administration Fort Knox Building 3, Suite 3431

2727 Mahan Drive

Tallahassee, Florida 32308

Jerome W. Hoffman, General Counsel Agency for Health Care Administration 2727 Mahan Drive

Tallahassee, Florida 32308

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 97-003114

Orders for Case No: 97-003114