STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

FIL.ED

AHCA

AG D-JCY CLERK

zooq NOV - S A 8: I 7

Petitioner,

vs.

LISENBY HOME CARE, INC.,

Respondent.

FRAES No.: 2009002407 DOAH No. ; 09-3527

RENDITION NO.: AHCA-09- I I 'l D -5-OLC

FINAL ORDER

Having reviewed the Notice of Intent to Impose Fine dated March 3, 2009, attached hereto and incorporated herein (Ex. 1), and all other matters of record, the Agency for Health Care Administration ("the Agency") has entered into a Settlement Agreement (Ex. 2) with the Respondent and being otherwise well-advised in the premises, finds and concludes as follows:

ORDERED:

1. The attached Settlement Agreement is approved and adopted as part of this Final Order, and the parties are directed to comply with the terms of the Settlement Agreement.

2. Each party shall bear its own costs and attorney's fees.

   
   

3. The Respondent shall remit to the Agency, within ninety (90)

   
   

   days of this Final Order, the sum of Two Thousand Dollars ($2,000.00).

   
   

4. A check should be made payable to the "Agency for Health Care

   
   

   1

   Filed November 9, 2009 11:58 AM Division of Administrative Hearings.

   
   

   Administration." The check, along with a reference to this case number, should be sent directly to:

   Agency for Health Care Administration Office of Finance and Accounting Revenue Management Unit

   2727 Mahan Drive, MS # 14

   Tallahassee, Florida 32308

   
   

5. Unpaid amounts will be subject to statutory interest and may be collected by all methods legally available.

6. The above-styled case is hereby closed.

DONE and ORDERED this s3 day o tJ-?t?<: ,2009,

in Tallahassee, Leon County, Florida.

Care Administrat1

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.

Copies furnished to:

Ann Lisenby Parmer Lisenby Home Care, Inc. 412 North Cove Blvd.

Panama City, Florida 32401

(U. S. Mail)

Shaddrick A. Haston Assistant General Counsel

Agency for Health Care Administration

2727 Mahan Drive, Bldg #3, MS #3

Tallahassee, Florida 32308

(Interoffice Mail)

Jan Mills

Agency for Health Care Administration 2727 Mahan Drive, Bldg #3, MS #3

Tallahassee, Florida 32308 (Interoffice Mail)

Finance & Accounting

Agency for Health Care Administration 2727 Mahan Drive, Bldg #2

Mail Stop Code #14 Tallahassee, Florida 32308 (Interoffice Mail)

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named person(s) and entities by U.S. Mail, or the method designated, on this _6ay of /}6 , 2009.

Richard Shoop, Agency Clerk

Agency for Health Care Administration 2727 Mahan Drive, Building #3

Tallahassee, Florida 32308-5403

(850) 922-5873

Ce1t1f1ecl Article Number

SENDERS RECORD

CHARLIE CRIST GOVERNOR

March 3, 2009

ANN LISENBY PARMER LISENBY HOME CARE, INC. 412 N COVE BLVD PANAMA CITY, FL 32401

JFlORl AAGENCY F,OR HIcAl.lCH CARE AOMAINISlllATION

Better Health Care for all Floridians

oqJ521

CASE #: 2009002407

NOTICE OF INTENT TO IMPOSE FINE

Pursuant to Section 400.474 (6) (f), Florida Statutes (F.S.), a fine of $5,000 is hereby imposed for failure to submit the home health agency quarterly report within 15 days after the quarter ending September 30. As required in section 400.474(6) (f), F.S., the agency shall impose a fine of$ 5,000.

TO PAY NOW, PAYMENT SHOULD BE MADE WITHIN 21 DAYS AND MAil.ED WITH A COPY OF THIS NOTICE OF INTENT TO:

Agency for Health Care Administration Finance and Accounting, Revenue Section OMCManager

2727 Mahan Drive, MS #14

Tallahassee, FL 32308

Include License Number: 20651096 and Case Number: 2009002407 in check memo field.

EXPLANATION OF RIGHTS

Pursuant to Section 120.569, F.S., you have the right to request an administrative hearing. In order to obtain a formal proceeding before the Division of Administrative Hearings under Section 120.57(1), F.S., your request for an administrative hearing must conform to the requirements in Section 28-106.201, Florida Administrative Code (F.A.C), and must state the material facts you dispute.

SEE ATTACHED ELECTION OF RIGHTS FORM.

Agency for Health Care Administration

By: Anne Menard, Manager Home Care Unit

cc: Agency Clerk, Mail Stop 3 Legal Intake Unit, Mail Stop 3

2727 Mahan Drive,MS#34

Tallahassee. Florida 32308

Visit AHCA online at http://ahca.myfl ·

•

I

EXHIBIT

I

No Theme Page 1 ofl

HOME HEALTH AGENCY QUARTERLY REPORT

For the Quarter July 1 to September 30, 2008

Send an e-mail with this information to home.ti_ alth@ahca.myflorida.com by 5 p.m. on Wednesday, October 15, 2008 to avoid a $5,000 fme.

NAME OF HOME HEALTH AGENCY Lisenby home Care,

Inc LICENSE# 20651096

STREET ADDRESS & CITY: 412 N. Cove Blvd, Panama City, Fl 32401

On September 30, 2008, there were _3_ insulin-dependent diabetic patients receiving insulin injection services from my home health agency.

On September 30, 2008 there were _36_ patients receiving home health services from my home health agency AND licensed hospice services.

On September 30, 2008, there were a total of_77_ patients receiving home health services from my home health agency.

The following professional nurses (RNs or LPNs), whose primary job responsibility is to provide home health services to patients, received remuneration from my home health agency in excess of $25,000 between July 1, 2008 and September 30, 2008. NONE

Name Florida License Number

Insert additional names and license numbers if necessary.

http://webmail.att.net/wm/en-US/toolbar/advnotheme.html 10/2/2008

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STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Petitioner,

vs. AHCA CASE NO. 2009002407

DOAH CASE NO. 09-3527

LISENBY HOME CARE, INC.,

Respondent.

SETTLEMENT AGREEMENT

Petitioner, State of Florida, Agency for Health Care Administration (hereinafter the "Agency"), through its undersigned representatives, and Respondent, Lisenby Home Care, Inc. (hereinafter "Petitioner"), pursuant to Section 120.57(4), Florida Statutes, each individually, a "party," collectively as "parties," hereby enter into this Settlement Agreement ("Agreement") and agree as follows:

WHEREAS, the Respondent is a home health agency licensed

pursuant to Chapter 400, Part III, Florida Statutes and the Chapter 59A-8, Florida Administrative Code; and

WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing authority over licensure of Respondent; and

impose a fine of $5,000.00 for its alleged failure to submit quarterly report; and

WHEREAS, the parties have agreed that a fair, efficient, and cost effective resolution of this dispute would avoid the expenditure of substantial sums to litigate the dispute; and

WHEREAS, the parties stipulate to the adequacy of considerations exchanged; and

WHEREAS, the parties have negotiated in good faith and agreed that the best interest of all the parties will be served by a settlement of this proceeding; and

NOW THEREFORE, in consideration of the mutual promises and recitals herein, the parties intending to be legally bound, agree as follows:

1. All recitals are true and correct and are expressly incorporated herein.

2. Both parties agree that the "whereas" clauses incorporated herein are binding findings of the parties.

3. Upon full execution of this Agreement, Respondent agrees to waive any and all proceedings and appeals to which it may be entitled including, but not limited to, an informal proceeding under Subsection 120.57(2), a formal proceeding under Subsection 120.57(1), appeals under Section 120.68, Florida Statutes; and declaratory and all writs of relief in any court or quasi-court (DOAH) of competent jurisdiction; and further

   
   

   agrees to waive compliance with the form of the Final Order (findings of fact and conclusions of law) to which it may be entitled. Provided, however, that no agreement herein, shall be deemed a waiver by either party of its right to judicial enforcement of this Agreement.

4. Upon full execution of this Agreement, the parties agree to the following:

   1. The Respondent shall remit to the Agency, within ninety

      
      

      (90) days of the entry of a Final Order adopting this Agreement, an administrative fee in the sum of Two Thousand Dollars ($2,000.00).

   2. The Agency releases and forever discharges Respondent, its successors, assigns, employees, agents, attorneys, independent contractors, officers, and shareholders from any claim that was raised in the Notice.

5. Venue for any action brought to interpret, challenge or enforce the terms of this Agreement or the Final Order entered pursuant hereto shall lie solely in the Circuit Court in Leon County, Florida.

6. By executing this Agreement, Respondent denies, and the Agency asserts the validity of the allegations raised in the Notice of Intent referenced herein.

7. Each party shall bear its own costs and attorney's fees.

   
   

   ..

   
   

8. This Agreement shall become effective on the date upon which it is fully executed by all the parties.

9. The Respondent for itself and for its related or resulting organizations, its successors or transferees, attorneys, heirs, and executors or administrators, does hereby discharge the Agency and its agents, representatives, and attorneys of all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, arising out of or in any way related to this matter and the Agency's actions, including, but not limited to, any claims that were or may be asserted in any federal or state court or administrative forum, including any claims arising out of this Agreement, by or on behalf of the Respondent or related or resulting organizations.

10. This Agreement is binding upon all parties herein and those

    
    

    identified in the aforementioned paragraph of this Agreement.

    
    

11. In the event that Respondent is or was a Medicaid provider, this settlement does not prevent the Agency from seeking Medicaid overpayments or from imposing any sanctions pursuant to Rule 59G-9.070, Florida Administrative Code. This agreement does not prohibit the Agency from taking action regarding Respondent's Medicaid provider status, conditions, requirements or contract. However, the Notice does not contain any allegations of Medicaid-related violations.

    ,

    
    

12. The undersigned have read and understand this Agreement and have authority to bind their respective principals to it.

13. This Agreement contains the entire understandings and agreements of the parties.

14. This Agreement supersedes any prior oral or written agreements between the parties. This Agreement may not be amended except in writing. Any attempted assignment of this Agreement shall be void.

15. All parties agree that a facsimile signature suffices for an original signature.

16. The following representatives hereby acknowledge that they are

Dudek

HQA, D puty Secretary

Agency for Health Care Administration

2727 Mahan Drive, Bldg 1

Tallahassee, Florida 32308

DATED: u/4a:dz

General Counsel

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Taliahassee, Florida 32308

I

DATED: J//3/o?

412 N. Cove Blvd

Panama City, Florida 32401

Shaddrick A. Haston Assistant General Counsel

Agency for Health Care Admin.

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

DATED: to/14 / D g

Docket for Case No: 09-003527

Orders for Case No: 09-003527