Jul 8 2009 14:52 JUL-@8-2889 16:84 AGENCY HEALTH CARE ADMIN 856 921 4158 P3338 Certified Mail Receipt (7003 1010 0000 715 4702) STATE OF TLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY TOR HEALTH CARE ADMINISTRATION, Petitioncr, ATICA No.: 2009001632 VS. COMMUNITY HEALTHCARE CENTER UE PENSACOLA, INC., Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Ageney tor Health Care Administration (hereinafter “AHCA”), by and through che undersigned counsel, and files this Administrative Complaint. against Cemmumty Healthcare Center of Pensacola, Ine. (icreinafter “Coramunity Healthcare Center of Pensacola, Inc.”), pursuant to Section 120569, and 120.57, Fla. Stat. (2008), alleves: NATURE OF THE AC VION 1. This is an action to impose one (1) administyative fine agains! Community Telihcace Center of Pensacola, Inc. in the amount of Four Hundred and Thirteen Thousand Dollars (6413.00), based upon one (1) deticiency, pursuant to Section 483.09), Fla Srar. (2008) Jul 8 2009 14:52 TUL 88-2883 16:85 AGENCY HEALTH CARE ADMIN 856 921 4158 P.34/58 TURISDICTION AND VENTE 2. [his Agency has jurisdiction prisuant to 483, Part land Seccion 120.969 and 120.57, Fla. Star. (2008). 4 Venue lieg in Escambia County, Pensacola, Florida, pursnanr tw Section 19057 Fla Stac (2008); Rule 5845, Fla, Admin Code (2008) and Section 28.106.207, Fla. Stat. (2008) PARTIES 4 AHCA, is the regulatory authority responsible for licensure and enforcement of all applicalle statutes and rules governing clinieal laboratory, facilities pursuant to Chapter 483, -Parr 1, Fla. Gta, (2008) and Rule 5845, Fla. Aduiin. Code (2008). 5 Community Healthoare Center of Pensacola, Ti. is a for-profit corporation, ABQ Group + RH clinical labwatory facility i located at 6770 North Ninth Avenue, Pensacola, Flonda 32504. Communiry Healchcare Center of Peneacola, Inc. is licensed as clinical Ialsoxatory facilities heense # 800003116; cerlificate number #60474, effective November 2.1, 2005 through November 20, 2007. Comumniry Healthcare Center of Pensacola, Inc was at all umes material horcto, licenged facility under ie licensing authority of AHCA, and required to comply with all applicable rules, and statutes. JUL-@8-2889 Jul 8 2009 14:52 16°65 AGENCY HEALTH CARE ADMIN 856 921 @158 COUN COMMUNITY HRALTHCARE CENTER OF PENSACOLA, INC. BASED ON RECORD REVIEW, OBSERVATIONS AN D INTERVIEW WITH THE FACILITY ADMINISTRATOR ON JANUARY 7, 2009, AT APPROXIMATELY 9:30 A.M., IT WAS DETERMINED THAT THE LABORATORY LICENSE AND HAD CONTINUED TO PERFORM LABORATORY TEST ING. STATE TAG LOOLCLINICAL LABORATORY TICENSE Section 483.091, Fla. Star. (2007) CLINICAL LABORATORY LICENSE 6. AHCA tealleses and incorporates parayaghs (1) through (5) as if fully set forth herein. 7. Om or about Tannary 7, 2009, AHUA conducted a biennial survey ai che Respondent's facility. AH'CA cited the Respondent based on the findings below, to wit: 8. On om about January 7, 2009, based on record review, observation, and inverview with the facility administratu: on January 7, 2009, at approximately 9-30 a.rn., it was determined that the laboratory had no: renewed the State of Florida clinical taborarary license and had continued to perform laboratory testing. 9. Review of state Hcensure records prior to the survey showed chat the facility's laboratory license, suinber BODOUSILS, had expired on November 20, 2007 and there was no pending application 10. Review of Rh testing, hematocti: testing records, and pregnancy testing records showed documentation of test results for patient rest iny that had been performed berween Muvember 20, 2007 and January 6, 2009 P. 35/58 Jul 8 2009 14:53 JUL-@8-2889 16:85 AGENCY HEALTH CARE ADMIN 856 921 4158 P. 36/58 i, Observation of the Florida Climeal Laboratory license on display in a frame in the laboratory showed that che license hac] expired on November 20, 2007. 1? The administrator stated that the lshoratoty did nor have a new state dimucal laboratory license aud did not realize they aad not renewed the Tlorida license. The administrator étated that the facility lad not received the renewal letter priar ro the expiration of the: license and had not received the “failed ro renew" letter trom the Agency for Health Care Administratiun following axpitauon of the license Plan of Correction must be completed by Pebruary 21, 2009 13. ‘Lhe regulatory provision of the Flovida Stavutes and Agency Rules (2008), chat ate pertinent io this alleged violation read as follows: 483,091 Clinical laboratory license A clinical laboratory may not send a specimen drawa within this state to any clinical laboratory ourside the etaté for examination unless the out-of-state laboratory las obtained a license from the agency. A new license anay be secured for: the new location hefene the acrual change, if the contemplated change coraplies with chu part, part IL of chayne: 408, and the applicable rules. +s 4 483.221 Administrative fines. In determining the penalty to be imposed, the Agency must comsitler, inter alia, the seventy of the violarion, aclivus taken by the licensee to correct the violation, any previous violations by Jirensee, and the financial benefit co the licensee of commitung or continuing the violation. soe ow JUL-@8-2889 16°86 AGENCY HEALTH CARE ADMIN Jul 8 2009 14:53 409.804 License required; display.— (1) 1 is unlawful to provide cervices that require licensue, or operate Or maintain a provider thar offers or provides services that require licensure, without first obtaming from the agetwy a license authorising the provision of such services or the operation or maintenance of such provider, (2) A license must be cheplayed in a conspicuous place readily visible to clients who enter at the address that appears on the license and is valid only in the hands of the licensee to whim it is issued and may not be sold, assigned, ur otherwise transferred, voluntarily or involuntarily. The heenge is valid only far the licensee, provider, and location for which the license is issued. 48 408.612 Unlicensed activity.— (5) Tr is unlawful tor any Person or entity to own, operate, OF maintain an unlicensed provider. Tf after receiving notification from the agruey, such person oF entity fails to cease operation and apply for a license under this part and authorising statutes, dhe prison or entity shall be subject to penalties as prescribed by authorizing statures and applicable rules. Each day of continued operation ta 4 scparate offence. (5) When a controlling interest or licensee las am interest in more than one provider and fails to license a provider rendering services that require licensure, de agency may .evoke all licenses and impose actions under s. 408.814 and a fine of $1,000 per day, unless otherwise specified by authorizing stamites, against each Hicensee unril sud: time as the appropriate license is obcained fur (he unlicensed operation. 15. Despite being unlicetises], Respondent continued to conduct laboratory resting and continued to reap the fmoncial benefit of conducting said testing. 2 16. The vinlarion alleged hecein constituces a deficiency, and warrants + fine of $413,000. lv. The Respondent's hisrory of failing wo timely renew ito license, coupled with aw 856 921 @158 P.ar/se Jul 8 2009 14:53 JUL-@8-2889 16:86 AGENCY HEALTH CARE ADMIN 856 921 4158 P.38/38 Respondent's perlcumance of unlicensed clinics. laboraroy lesting vesulting in financial gain im tha face of Agency nor'firaion advising of the expizaticn of the heense snd che consequences of unhcensed activity, serve an a asig for the instant action and are. ime ulig, 2 consideration of the Petitioner in detemining the penaley cought herein. 18. Unlicensed laboratory testing is resting without Agency oversight and may result in subscandurd lahowatory protocols and results which place the health and welfare of Respondent's patients in danger. 19, ‘fhe violanion alleged herein constinutes a deficiency, and warrants 2 fine of $413,000 WHEREFORE, AHCA demands the following relief: 1. Enter factual and Jepal findings a3 ser forch in the allegations of this administrative complaint. ‘4. Impose a fine in the amount of $413,000. CLAIM FOR RELIEF WHEREFORE, the Petitioner, State of Tletida Agency for Health Care Administration requests the following relief: f. Make facrual and legal findings in taver of the Agency on Count T 2. Impose upon Community Healrhcate Center of Pensacola, Inc. an administraive fine in the amount of $413,000 for the violation cited above. 3. Grant such other teliet aa the court deems as just and proper. JUL-@8-2889 Jul 8 2009 14:53 16°66 AGENCY HEALTH CARE ADMIN 856 921 @158 Respondent is notified chat it has aright to request an administrative hearing pursuant to Secrinn 120.569, Florida Starutes (2008). Specific uptions for administrative action are set put in tha attached Election of Rights (one page) and explained in the atached Explanation of Rights (ane page). All requests for hearing shall be made to the Avency for Health Cate Administration, anil delivered to the Agency for Health Care Administration, Building 3, MSC #3, 2727 Mahan Drive, Tallahassee, Florida 32308; Michael ©. Mashis, Senior Attormey- HESPONDENT 18 FURTHER NOTIFED THAT THE FAILURE TO REQUEST A HEARING WITHIN 21 DAYS OF RECEIFL OF THIS COMPLAINT WILL REASULT IN AN ADMISSION OF THR FACTS ALLEGED IN THE COMPLAINT AND THE ENTRY OF 4 FINAL ORDER BY TIE AGENCY. a” doy of Det Respecctully Sulunitred this a dowof eek 2009, Leon County, Tallahassce, Florida. ha a Michael ©. Mathis Fla. Bar. No. 0325570 Counsel of Petitioner, Agency for Tlealth Care Adhuinistration , Bldg 3, MSC a3 2727 Mahan Drive Tallahassee, Florida 37108 (850) 922-5874 (office) (850) 921-0156 (fax) CERTIFICATE OF SERVICE - Mee A AE Bh ae L HEREBY CERTIFY thar a rrue aud couect copy of the foregoing has been, served by certified mail on Lae? day of _ Ter, 2009 1 Warren Do Taylor, Administrator, Cormmunaty Healtheare Center of Pensacola, Inc. 6770 North Ninch Avenue, Pensacola, Florida 32504, _ Aetuatoroes. Michael O. Mathis, Esq. P.39/58 Jul 8 2009 14:54 JUL-@8-2889 16:86 AGENCY HEALTH CARE ADMIN 856 921 4158 P.4@/58 SLATE OF PLUKUTA AGENCY FOR HEALTH CARE ADMINIS1 RATION RE: Case Name: COMMUNITY HEALTHCARE CENTER OF PENSACOLA, INC. CASE NO: 2009001632 ELECTION OF RIGUTS This Flection of Rights form is attached to a pri yposed administrative action by the Agency for Health Care Admimstration (AHCA). The lille may he Notice of Intent to Deny, Natice of Intent to Tmpose a Late Kee, Notice of Intent to Impose a Late Fine, Administrative Complaini, ur some other notice of intended action by AHCA. An Election of Rights must be returned by mail or by fax within 2] days of the day you receive the allached Notice of fntent to Deny, Notice uf Intent 1o Jygpose a Late Fee, Notice of Intent to Impose a Late Tine, Administrative Complaint on any other proposed action by AHCA. Tf an electinn of rights with your sclected option is nut received by ANCA within twenty-our (21) days fiom the date you recerved a notice of proposed action by AHCA, you will have given up your rivht to contest the Agency's proposed action and a final order will be issued, PLEASE RATURN YOUR ELECTION OF RIGHTS TO Agency fix, Health Care Administration, Attention: Agency Clerk 2727 Maban Drive, Mail btop #3 Tallahassee, Florida 32308. Phone: 850-922-5873 Fax: 850 921-0158. PLEASE SELECT ONLY1 OF THESE 3 OPTIONS OPTION ONE (1) L admit to the allegations of facts and Jaw contained in the Notice of Intent to Deny, the Notice of Intent to Levy a Late Fee, the Notice of Intent to Levy a Late Fine, the Administrative Complaint, or other wotice of intended action by AHCA and 1 waive my right to object or to have a hearing. | understand that by giving up my tight to a hearing, a final order will be issued thal adopts the proposed agency action and imposes the penalty, fine or action. : OPTION TWO (2) _ L admit to the allegations of facts contained in the Notice of Intent tu Deny, the Notice of Intent to Levy 4 Late Fee, the Notice of Intent to Levy a Late Fine, the Administrative Complaint, or other proposed action by AHA, but] wish ty be heard at an informal proceeding (pursuant to Seution 120.57(2). Florida Statutes) where I nay snbmit testimony and written evidence to he Agency to show that the proposed administralrve acticm is too severe or that the fine should be recced. OPTION TILREE (3) I do dispute the allegations of fact contained in the Notice of Intent to Deny, the Notice of Intent ra Levy a Late Fee, the Notice of Intent to Levy a Late Fine, the Administrative Complaint, or other proposed action by AHICA, and I request a formal hearing (pursuant to Section 120.57(1), Florida Statutes (2006) before an Administrative Law Judge appointed by (he Divisien of Administrative Hearings. Jul 8 2009 14:54 JUL-88-2889 16:8? AGENCY HEALTH CARE ADMIN S5a 921 f158 PLEASE NOTE; Choo | OF DLN LERGLE (4), DY MINE) 1 LL cuatanaway oy were = formal hearing, You mus file a written petition in oder to obtau a formal hearing before the Division of Administrative Hearings wnder Section 120.57(1), Mlorida Statutes. It must be received by the Agency Clerk at the address above within 21 days of receipt of this proposed administrative action. The request tor formal hearing must conform to the requirements of Rule 28-106.201, Flusida Administrative Code, which requites that it contain: t. The uame and address of each agency affecled aud cach ageney’s file or identification mumber, if known; 2. Your name, address, and telcphone number, and the name, addiess, and telephone numbet of your representative or lawyer, if any, 3. An explanation of how your substantial interests will be affected by the Agency’s proposed action; 4, (A statement of when and how you received notice of the Agency's proposed action! 5, A statement of all disputed issues of material fact. If there are none, you must state thal (here are none; A concise slatement of the ultimate taets alleged, ineluding the speci fic facts you contend warrant ieversal or modification of the Agency’s proposed action; 7. A statement of the specitic rules or statutes you claim require reversal or modification of the Agency’s proposed action; and &. A statement of the relief you ave seeking, stating exactly what action you wish the. Agency to lake wilh respect to its proposed action. Mediation under Section 120.374, Ficida Statutes, may be available in this matter if the Agency agrees. a Facility type: (ATF? musing home? medical aquipment? Other type?) Facility Name: __License number: Contact pergon(or attomey or represeailati ve). Name ~ Title Address: ; 7 Street and number City Zip Code Telephone No. ___Fax No. _ Email Signed: Date NOTE: If your facility is owned or operated by a business entity (corporation, LLC, et.) please, include 4 written, statement (iin one of the officers ot managers that you are the authorived. representative. If you are: one of the managers or officers, please slate which office you hold, Entity name: Name of office you hold: You, your attorney or representative may reply according Subsection 120.44 Plorida statutes (2006) and Rule 28, Florida Admomstrative Code or yon May use lus recommended form. P.41/58 JUL-@8-2883 16:@7 AGENCY HEALTH CARE ADMIN NAVON & LAVIN, P.A. Attocueys At Law 2699 Stirling Road * Suite B-100 Fort Lauderdale, Florida 33312 Andrew T. Lavin Sanmel D. Navon Scott E. Tuckman Zachary §, Lavin Daniel E. Lavin FACSIMILE TRANSMISSION TO: Michael ©. Mathis, Esq. FROM: ANDREW T. LAVIN, F8Q. (Gilda Finkelstein RE: Community Healtheare Center of Pensacola, Inc. vs. Jul 8 2009 14:55 856 921 @158 RECEIVED AGENCY GLERK JUL 08 2009 Agency tor Care fnintetration Telephone (954) 967-2788 Facsimile (954) 983-702) State of Florida Agency for Healthear: Administration. COMMENTS: Please see altached pleadings relative ta above matter. Thank you. DATE: July 6, 2009 Total Number of Pages Including Facsimile Transmittal: _27, NOTICE bACSIMITE NO: (850) ?2 1-0158 PILE NO: 1831.092 Seo SS SS P. 42/58 JUL-@3- : me eae9 tera? —. ., AGENCY HEALTH CARE ADMIN ane ‘geo 32! i538 P4358 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR ABCA No. 2009001632 HEALIH CARE ANMINISTRATION, Patitiancr, ¥. COMMUNITY HEALTHCARE CENTER OF PENSACOLA, INC. Respendeut. _! RESPONDENT'S MOTION TU DISMISS AND RESPONSE TO ADMINISTRATIVE COMPLAINT Respondent, COMMUNITY HEAT THCARE CENTER OF PENSACULA, INC (“Communily”). hereby teeponds to STATE OF FLORIDA AGENCY FOR HEALTHCARE ADMINISTRATION’: C'AHCA"), Administrative Complaint, and moves to dismiss the Administrative Complaint, for the following reasons: 1. Attached as Exbibit “A”, is Respondent Community’s Pettion for Founal Administrative Hearing before Division of Administration Hearings,(*Community’s Petition’), requesting 4 formal hearing on ARCA’s Complaint, Coummnity's Petition is hereby incorporated by reference. 2 AHCA’s Administrative Complaint must be rismissed for each of the following, Teasons: a The Adminictrative Complaint relies on 483.091, Fls.Srat., yel dues not Ts _———— ES include any allegations regarding #7 alleged violation therevl. SS ert quo. Jul 8 2009 : B8-2689 16:88 AGENCY HEALTH CARE ADMIN ‘geo 32! i538 P4458 b. ABCA's Petition relies upon §408.812, yer there ure no allegations that Communily operates more than one facility. c. The Administrative Complaint fails to allege that Community operated & laboratory at any time afler receiving noti¢e that its lshoratory license had expired. WHEREFORE, Comuuaity sccks the entry of an Orde dismissing the Administrative Complaint. Altematively, this serves a8 Community's response to the Administrative Complaint. CERTIFICATE OF SERVICE [HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via facsimile and regular U. 8. Mail this day of July, 2009, ta: Michael 0. Mathis, Esq. Health Care Administration, Building 3, MSC#3, 2727 Mahan Drive, Tallahassee, Florila 32308. MAVON & LAVIN, P.A. Attorceys for Petitioner 2699 Stirling Road, Suits B-100 Ft. Lauderdale, Florida 33312 954/967-2788 ~« Telephone 954/983-7021 - Pacsimil BY: ANDREW T. CAVIN FLORIDA BAR NO. 260827 ATL get aa eRsarstL AVINWSinis of Pi v. Gunnununity Heeldheans af Pentvesla (emondents Movign ca Ciauniga & Respende 10 Adminndball¥ Comptaint) wpe quo. Jul 8 200 : B8-2689 16:88 AGENCY HEALTH CARE ADMIN ° ‘geo 32! i538 P4558 STATE OF FLORIDA AGENCY POR HEALTHCARE ADMINISTRATION COMMUNITY JIEALTHCARE CENTER or ABCA No.: 2009001632 PENSACOLA INC. Patitioner, YY STATE OF PLORIDA, AGENCY FOR HEALTIT CARE ADMINISTRATION, Respondent. / PRTTTION FOR FORMAL ADMINISTRAJIVE HEARING BEFORE DIVISION OF ADMINISTRALION HEARINGS Patitioner, COMMUNITY HEALTHCARE CENTER OF PENSACOLA, INC., files this Petition to initiate a formal administration proseading te contest the intended agency action of The State of Florida, Agency for [Tealtheare Administration, and alleges a8 follows: cy FECTED 1. Feutioner COMMUNITY WEALTHCARE CENTER OF PENSACOLA INC. (“Community”), hereby potilions for & formal hearing before the Division of Administrative Hearings prenant to §120.57 (1), Kia. Stat. The vaguest for formal hearing is based upon the Administrative Complaint filed hy Stats of Florida, Agency for Tlealtheare Administration (“AHCA”), a copy of whieh is allached as Exhibit “A”. ATICA is located at 2727 Mwhan Drive, Mai] Stop #3, Tallahassee, Florida 32408, AHCA's Case number with respect to this matter is “AHCA No.: 2009001632", JUL-@8-2889 . Jul : 16:88 AGENCY HEALTH CARE ADMIN 8 2009 1456 PETITIONER'S CONTACT INFORMASION 2 Community is located as follows: Community Healthcare Center of Peneacole, Ine. 6770 North Ninth Avenue, Pensacele, Florida 32504. 3. Countnmnity’s counsel in this mutter is as follows: Andrew T. Lavin, Esquire Navon & Lavin, P.A. 2699 Stirling Road, Suite B- 190 Fort Landerdale, Flonda 34312 Telephone: (954) 967-2788 P ONER’S ST L RESTS 4. Commumity operatrs a clinie and operated a laboratory. Comuiunity is licensed by ACA. On January 7, 2009, ABCA inesected Community’y location and determined that while Community's clinical license wae in force and effeci, Commmunity’s laboratory licesse had expired. Couuaunity understood that it had renewed itp lieences. Upon being aivised thet Community"s laborutory license had expired, Community ceased providing lbaratory services, 5. Community’s substantial interest shall he affected by AHICA’s proposed action inasmuch ax ANCA is seeking the imposition ofa fine of $413,000.00 against Community. If this unwarranted, substantial fine is imposed, Community shail not he able to continue te operate or to provide healthcare to ilx patients. STATEMENT REGARDING PETITIONER'S RECEIPT. OF NOTICE 6. Community first leatned that its laboratory licens® expiradion January 7, 2009, during am ANCA visit. Cammumity first learned of AHCA’s proposed fine on a about June 16, 2.009, when it received a copy of AHCA’s Administrative Complaint. DISPUTED IRSUES OF MATERIAL FACT 856 921 @158 P. 46/58 h The following is 4 atatoment of all disputed issues of material fact: Jul & 2009 14:55 JUL-@3- : -2689 16:88 _ AGENCY HEALTH CARE ADMIN 856 921 4158 } P.47/58 WO wy ewe se ee ne a Community denies that it sent specimens drawn in Florida to o cliniea) laboratory outside the State which is not licensed by the State of Florida. be Community disputes thar it opaated a laboratory at any time after being notified that its lahnvatory license had expired. a Community maintains in good faith that itunderstood thatit had renewed and. had an active Jaboratory License doting all relevant times, a. Cornenunity does not have an interest un more than one provider. Ahernarively, Community disputes the eaicululion and amount of the fine. ty STATEMENT OFEACTS WARBANTING REVERSAL OF AGENCY’S PROPOSED ACTION 8. AHCA’s Petition deserihes the nature of the action as follows: ‘This is an action to impare one (1) alninistrative fine against Community Healthcare Center of Pensacols, Tnc. in the amount of Four Hundred and Thirteen Thousané Dollars (#413,000), pased wpon one (1) doficienoy, pursuant to Section 483 091, Fla Stat. (2008) (emphasis added). ED §483,091 Fla Stal. provides: ‘Actinical laboratory may not send @ specimen drawn within this stats to any clinical laboratory outside the state for cxomination unless the out-of state laboratory has obtained u license from the agency. A new licenge may be secured for he new lucation betore the actual change, if the sontemplated ehange complies with thie par, part Tl of chapter 408, and the applicable rules, 10, AHCA's Petition docs not include any factual allepotions regarding Community's alleged violation of §483.091. ih this regard, there arc no allegations that Community sends any specimens to a clinical laboralory outside the State of Florida. Further, there are ne allegations that Jul & 2009 14:55 JUL-G8-2089 16:49 AGENCY HEALTH CARE ADMIN 856 921 @158 P.46/58 Accordingly, AHCA's Petition is deficient and must be dismissed. V1. Further, while improperly relying on §483 091, AHCA’s Petition includes allegations that Community has operated a laborarory after its laboratory license expired. Crmmunity had no knowledge that its laborulory License expired until January 7, 2009, when advised by AHCA of the expiraliun ofthe license. Community understood that its renewal ofits clinic license served to rericw™ its laboratary License. Upon being advised otherwise, Community ceased performing any laboratory services, and applied to renew its laboratory license. 12 Pursuant ta AIICA’s Petition, ACA seeks ihe imposition Of & $413,000.00 fine pursuant to §408.812 (3) & (5) Fila.Stat, which provides: (3) It is unlew/ul for any person or sntity to own, operate, or fnaintain an unlicensed provider. Uf after receiving notification from the avency, such porson or entity fails tagetse operation ond apply for a license under this pert and authorizing statutes, the person of entity shal] be qubject to-penaltise ag proscribed by auth oriving statutes and applicable rules, Bach day of continued oporation is a separate offense (emphasis added). (5) When a controlling interest or licensee hi st in. aviderand fails tw License a provider tendering services that require licensure, the agency may revoke all iconsos and impove 2efions under $. 408,814 and afine of § 1,000 per day, unloss otherwise specified by authorizing statutes, agsinat each licensee until such time os the appropriate license is chtained for the unlicensed operation (c.uphasis added). : 13, Community is aot subject to any fines, because: a. Community does net operate mane than one provider, £0 that §408.812(5) Elg.Stat, relied upon by AHCA is not apphonbls, and b. Cormmunity did not operate after its laboratory after receiving notification from AHCA that its laboraiory license had expired. SS — a Jul 8 2009 14: JUL-8-2089 16:89 AGENCY HEALTH CARE ADMIN soo 321 i538 P.49/58 404" RELEVANT STATUTES 14, The statutes which require reversal or moditeation of AHCA's proposed action are cited above, a8 follows: §483.091; §408.812 (3) &() 43. Community requeste the referral of this mattor ta the Division of Administrative Heariugs for formal hewring with respect te ATICA’s Petition. Community requests the dismiszal of ATICA’s Petition, and altematively, the deal of the relief sanght thereon. WHEREFORE, Community requests: a, AHICA forward the Petition to the Division of Administrulive Hearings for a formal administration procacding, b. The Division dismige AHCA's Petition or deny the requested relief, and c. For such other relief as is deemed appropriate. CERTIFICATE OF SERVICE { HEREBY CERTIFY that a te gnd correct copy of the foregoing hee been furnished via facsimile and regutar 1). §, Mail this aay of July, 2009, ta: Michael O. Mathis, Esa. Heslth Care Administration, Building 3, MSC#3, 2727 Mahan Drive, Vallabessee, Flurida 32308. NAVON & LAVIN, PA. Anornoys for Petitioner 1609 Stirling Road, Suite B-100 Ft Lauderdale, Florida 33312 954/967-2788 = Telephone 934/983-7021 - Facsimile BY: on ANDREW T. ©. FT.ORIDA BAR NOr 260827 ATUegt ‘WeyordocnL AVI af Fh Comaniity re of Pesacola (Tetlsen for Font! minis trate) mearing. wpe 8 2009 14:57 Jul P.S@/S8 SENDER: COMPLETE ris SEC TON BB Complee dams 1,2, and 3 Alsc compiste B, Data cf Delivery 6-15-24 A Reosived by [Peas Arn! Geach Ha Felis 0 tam 4 if Rasits livery Is desired. item 4 if Aasincted Delivery 4 t oA yoo name and acdrass on the reverse C. Signature OC age a) sa taal ve cam return the card lo you. ag a . od is Aitach ‘his card to the baz< cf the mapisce, xX CA- sop i 2 a orer tre ‘ronl ‘fapace permis. am 9 ae gal = Taoylor Geen WF-YES, entar delivery aldress ii Wee i ' F co dammus! Yasttheork of Yenraceds | TL. a yt wide Necth Chah nein Dp gl Sasa —— Vansacer ‘? Cerifed Mar = 1 Express Mal rere Betis Li pecisterea 1 Reiurn Flaceip! tor Merchandise Re “le iin Eirouod Nal Ocec. of % nracele, “ % Reshicled Deiwery? (dre ree) D ver Arie uber (ey fer semen le} 7003 MOLG oono 97135 37Ce 1e2595-DI.N-AN62 eceapl FS Fon 3414, duly 1988 Dotestic Return Aeceip' U.S. Postal Services. CERTIFIED MAIL. RECEIPT Domestic Mal Only: No insurance Coverage Previosg) Fer delivery (vor malign visit our website at werw.us35.c0mr, AMBEFICIAL USE AGENCY HEALTH CARE ADMIN 70094 1040 0000 4715 37oe2 16:89 Sey eva so far Irciustcrs JUL-@8-2889 TOTAL FP.5a

Docket for Case No: 09-003585

Issue Date	Proceedings
Nov. 20, 2009	(Agency) Final Order filed.
Oct. 07, 2009	Order Closing File. CASE CLOSED.
Sep. 01, 2009	Order Continuing Case in Abeyance (parties to advise status by September 30, 2009).
Aug. 31, 2009	Joint Motion to Extend Stay filed.
Aug. 06, 2009	Order Placing Case in Abeyance (parties to advise status by September 1, 2009).
Jul. 29, 2009	Notice of Substitution of Counsel (filed by T. Hoeler) filed.
Jul. 29, 2009	Areed Motion for Stay filed.
Jul. 20, 2009	Petitioner's Response to ALJ's Initial Order filed.
Jul. 16, 2009	(Respondent's) Response to Initial Order filed.
Jul. 09, 2009	Initial Order.
Jul. 08, 2009	Administrative Complaint filed.
Jul. 08, 2009	Respondent's Motion to Dismiss and Response to Administrative Complaint filed.
Jul. 08, 2009	Petition for Formal Administrative Hearing Before Division of Administration Hearings filed.
Jul. 08, 2009	Election of Rights filed.
Jul. 08, 2009	Notice of Appearance (filed by A. Lavin).
Jul. 08, 2009	Notice (of Agency referral) filed.

Orders for Case No: 09-003585

Issue Date	Document	Summary
Nov. 18, 2009	Agency Final Order