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AGENCY FOR HEALTH CARE ADMINISTRATION vs MAGIC HANDS REHABILITATION CENTER, INC., 14-005044 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-005044 Visitors: 16
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: MAGIC HANDS REHABILITATION CENTER, INC.
Judges: JESSICA E. VARN
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Oct. 24, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 10, 2014.

Latest Update: Dec. 24, 2014
14005044_282_12242014_15102132_e


STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

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2014 DEC 16 .A I!: 05


Petitioner,


V.


MAGIC HANDS REHABILITATION CENTER, INC.,


Respondent.

                                                                          I

DOAH Case No. 14-5044


AHCA No. 2014008789

Certificate No. HCC10956

File No. 11461 Provider Type: HCC Exemption RENDITION NO.: AHCA- J • Q<f<:J -S-OLC


FINAL ORDER


Having reviewed the Administrative Complaint, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:


  1. The Agency has jurisdiction over the above-named Respondent pursuant to Chapter 408, Part II, and Chapter 400, Part X, Florida Statutes, and the applicable authorizing statutes and administrative code provisions.


  2. The Agency issued the attached Administrative Complaint and Election of Rights form to the Respondent. (Ex. 1) The parties have since entered into the attached Settlement Agreement, (Ex. 2).


Based upon the foregoing, it is ORDERED:


  1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement.


  2. The facility's Certificate of Exemption is deemed surrendered and is cancelled and of no further effect.


  3. Each party shall bear its own costs and attorney's fees. Any requests for administrative hearings are dismissed and the above-styled case is hereby closed.


  4. In accordance with Florida law, the Respondent is responsible for retaining and appropriately distributing all client records within the timeframes prescribed in the authorizing statutes and applicable administrative code provisions. The Respondent is advised of Section 408.810, Florida Statutes.


  5. In accordance with Florida law, the Respondent is responsible for any refunds that may have to be made to the clients.


    Filed December 24, 2014 3:10 PM Division of Adm1inistrative Hearings

    e    ,

  6. The Respondent is given notice of Florida law regarding unlicensed activity. The Respondent is advised of Section 408.804 and Section 408.812, Florida Statutes. The Respondent should also consult the applicable authorizing statutes and administrative code provisions. The Respondent is notified that the cancellation of an Agency license may have ramifications potentially affecting accrediting, third party billing including but not limited to the Florida Medicaid program, and private contracts.

ORDERED at Tallahassee, Florida, on this JS day of 2014.




, Secretary

h Care Administration

NOTICE OF RIGHT TO JUDICIAL REVIEW


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.


CERTIFICATE OF SERVICE


I CERTIFY that a true and correct of this Final Oi:as served on the below-named persons by the method designated on this ay of (2           :- 2014.


Richard J. Shoop, Agency Cler

Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3

Tallahassee, Florida 32308-5403

Telephone: (850) 412-3630


Jan Mills

Facilities Intake Unit

Agency for Health Care Administration (Electronic Mail)

Thomas Jones, Unit Manager Licensure Unit

Agency for Health Care Administration

(Electronic Mail)

Katrina Derico-Harris Medicaid Accounts Receivable

Agency for Health Care Administration

(Electronic Mail)

Arlene Mayo-Davis, Field Office Manager Local Field Office

Agency for Health Care Administration

(Electronic Mail)

Shawn McCauley

Medicaid Contract Management

Agency for Health Care Administration (Electronic Mail)

Daniel A. Johnson, Senior Attorney Office of the General Counsel

Agency for Health Care Administration

(Electronic Mail)

Division of Administrative Hearings (Electronic Mail)

Dagmar Llaudy, Esquire

Law Office of Dagmar Llaudy, P.A. 814 Ponce De Leon Blvd, Suite 513 Coral Gables, Florida 33134

(U.S. Mail)


NOTICE OF FLORIDA LAW


4Q8.804 License required; display.--


(}) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers or provides services that require licensure, without first obtaining from the agency a license authorizing the provision of such services or the operation or maintenance of such provider.


(2) A license must be displayed 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 whom it is issued and may not be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the licensee, provider, and location for which the license is issued.


408.812 Unlicensed activity. --


  1. A person or entity may not offer or advertise services that require licensure as defined by this part, authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency. A licenseholder may not advertise or hold out to the public that he or she holds a license for other than that for which he or she actually holds the license.


  2. The operation or maintenance of an unlicensed provider or the performance of any services that require licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed activity constitutes harm that materially affects the health, safety, and welfare of clients. The agency or any state attorney may, in addition to other remedies provided in this part, bring an action for an injunction to restrain such violation, or to enjoin the future operation or maintenance of the unlicensed provider or the performance of any services in violation of this part and authorizing statutes, until compliance with this part, authorizing statutes, and agency rules has been demonstrated to the satisfaction of the agency.

  3. It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after receiving notification from the agency, such· person or entity fails to cease operation and apply for a license under this part and authorizing statutes, the person or entity shall be subject to penalties as prescribed by authorizing statutes and applicable rules. Each day of continued operation is a separate offense.


  4. Any person or entity that fails to cease operation after agency notification may be fined $1,000 for each day of noncompliance.


  5. When a controlling interest or licensee has an interest in more than one provider and fails to license a provider rendering services that require licensure, the agency may revoke all licenses and impose actions under s. 408.814 and a fine of $1,000 per day, unless otherwise specified by authorizing statutes, against each licensee until such time as the appropriate license is obtained for the unlicensed operation.


  6. In addition to granting injunctive relief pursuant to subsection (2), if the agency determines that a person or entity is operating or maintaining a provider without obtaining a license and determines that a condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person or entity is subject to the same actions and fines imposed against a licensee as specified in this part, authorizing statutes, and agency rules.


  7. Any person aware of the operation of an unlicensed provider must report that provider to the agency.

    STATE OF FLORIDA

    AGENCY FOR HEALTH CARE ADMINISTRATION


    STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


    Petitioner,


    VS. AHCA No.: 2014008789

    Exemption No.: HCC10956

    MAGIC HANDS REHABILITATION CENTER, INC.,


    Respondent.

                                                                         I


    ADMINISTRATIVE COMPLAINT


    COMES NOW, the Petitioner, State of Florida, Agency for Health Care Administration ("the Agency"), by and through its undersigned counsel, and files this Administrative Complaint

    ' against the Respondent, Magic Hands Rehabilitation Center, Inc. ("the Respondent"), pursuantto Section 120.569 and 120.57, Florida Statutes (2014), and alleges:

    NATURE OF THE ACTION


    This is an action to revoke the Respondent's health care clinic Certificate of Exemption.


    PARTIES


    1. The Agency is the state agency that oversees the licensure and regulation of health care clinics in Florida pursuant to Chapters 408, Part II, and 400, Part X, Florida Statutes (2014); and Chapter 59A-33, Florida Administrative Code. "The Legislature finds that the regulation of health care clinics must be strengthened to prevent significant cost and harm to consumers. The purpose of this part is to provide for the licensure, establishment, and enforcement of basic standards for health care clinics and to provide administrative oversight by the Agency for Health Care Administration." § 400.990(2), Fla. Stat. (2014).

    2. The Respondent applied for and was issued a Certificate of Exemption to operate


      a health care clinic located at 7392 NW 35th Terrace, Unit 310, Miami, Florida 33122.


      EXHIBIT 1

      Certificate of Exemption from Licensure for Health Care Clinics


    3. Under Florida law, "clinic" means an entity where health care services are provided to individuals and which tenders charges for reimbursement for such services, including a mobile clinic and a portable equipment provider. Fla. Stat. § 400.9905(4) (2014).

    4. Under Florida law, the term "clinic" does not apply to a sole proprietorship, group practice, partnership, or corporation that provides health care services by licensed health care practitioners under chapter 457, chapter 458, chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, chapter 466, chapter 467, chapter 480, chapter 484, chapter 486, chapter 490, chapter 491, or part I, part III, part X, part XIII, or part XIV of chapter 468, ors. 464.012, and that is wholly owned by one or more licensed health care practitioners, or the licensed health care practitioners set forth in this paragraph and the spouse, parent, child, or sibling of a licensed health care practitioner if one of the owners who is a licensed health care practitioner is supervising the business activities and is legally responsible for the entity's compliance with all

      federal and state laws. However, a health care practitioner may not supervise services beyond the scope of the practitioner's license, except that, for the purposes of this part, a clinic owned by a licensee ins. 456.053(3)(b) which provides only services authorized pursuant to s. 456.053(3)(b) may be supervised by a licensee specified in s. 456.053(3)(b). Fla. Stat. § 400.9905(4)(g) (2014). Such an entity may claim to be exempt from licensure and may be eligible for a Certificate of Exemption from the Agency.

    5. Under Florida law, a facility becomes a "clinic" when it does not qualify for an exemption, provides health care services to individuals and bills third party payers for those services. F.A.C. 59A-33.006(4).

      Facts


    6. On December 19, 2013, Respondent was issued a Certificate of Exemption from licensure, number HCC10956, based upon Respondent identifying itself as solely owned by

      Peter J. Maffetone, a licensed health care practitioner.


    7. On August 22, 2014, Peter J. Maffetone gave testimony during a recorded sworn statement.

    8. On that date, under oath, Peter J. Maffetone testified that he does not now, nor has he ever owned or had a financial interest in Respondent, Magic Hands Rehabilitation Center, Inc.

    9. Respondent does not qualify for a Certificate of Exemption due to the fact that Peter J. Maffetone does not possess ownership.

      Sanction


    10. Under Florida Law, any person or entity providing health care services which is not a clinic, as defined under Section 400.9905, may voluntarily apply for a certificate of exemption from licensure under its exempt status with the agency on a form that sets forth its name or names and addresses, a statement of the reasons why it cannot be defined as a clinic, and other information deemed necessary by the agency. § 400.9935(6), Fla. Stat. (2014).

    11. Under Florida Law, the applicant for a certificate of exemption must affirm,


      without reservation, the exemption sought pursuant to Section 400.9905(4), F.S., and the qualifying requirements for obtaining and maintaining an exempt status; the current existence of applicable exemption-qualifying health care practitioner licenses; qualified ownership, qualified certifications or registration of the facility or owners; federal employer identification number; services provided; proof of legal existence and fictitious name, when the entity and name are required to be filed with the Division of Corporations, Department of State; plus other satisfactory proofrequired by form adopted by this rule. F.A.C. 59A-33.006(6).

    12. Under Florida Law, facilities that claim an exemption, either by filing an application for a certificate of exemption with the Agency and receiving a certificate of exemption, or self-determining, must maintain an exempt status at all times the facility is in

      operation. F.A.C. 59A-33.006(2).

    13. Under Florida Law, when a change to the exempt status occurs to an exempt facility or entity that causes it to no longer qualify for an exemption, any exempt status claimed or reflected in a certificate of exemption ceases on the date the facility or entity no longer qualifies for a certificate of exemption. In such case, the health care clinic must file with the Agency a license application under the Act within 5 days of becoming a health care clinic and shall be subject to all provisions of the Act applicable to unlicensed health care clinics. Failure to timely file an application for licensure within 5 days of becoming a health care clinic will render the health care clinic unlicensed and subject the owners, medical or clinic directors and the health care clinic to sanctions under the Act. F.A.C. 59A-33.006(3).

    14. As demonstrated by the facts outlined herein, Respondent no longer qualifies for a Certificate of Exemption pursuant to§ 400.9905(4)(g), Fla. Stat. (2014).

    15. Therefore, Respondent is now required to be licensed as a clinic pursuant to


      F.A.C. 59A-33.006 and Chapters 408, Part II, and 400, Part X, Fla. Stat.


    16. Under Section 400.995, Florida Statutes, in addition to the requirements of Part II of Chapter 408, the Agency may deny the application for a license renewal, revoke and suspend the license, and impose administrative fines of up to $5,000 per violation for violations of the requirements of this part or rules of the agency. § 400.995(1), Fla. Stat. (2014). Each day of continuing violation after the date fixed for termination of the violation, as ordered by the agency, constitutes an additional, separate, and distinct violation. § 400.995(2), Fla. Stat. (2014).

    17. Under Section 400.9915(2), Florida Statutes, in addition to any administrative fines imposed pursuant to this part or Part II of Chapter 408, the Agency may assess a fee equal to the cost of conducting a complaint investigation. § 400.9915(2), Fla. Stat. (2014).

WHEREFORE, the Agency seeks to revoke the Respondent's health care clinic Certificate of Exemption.

CLAIM FOR RELIEF


The Petitioner, State of Florida, Agency for Health Care Administration, respectfully seeks a final order that:

  1. Makes findings of fact and conclusions of law in favor of the Agency as set forth


    above.


  2. Imposing the sanctions and relief as set forth above.

RESPECTFULLY SUBMITTED on this /o/ dp.y of September, 2014.


on, Senior Attorney

No. 0091175

i

the General Counsel

Agenc I for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

Telephone: (850) 412-3658

Facsimile: (850) 922-6484 Daniel.Johnson@ahca.myflorida.com


NOTICE OF RIGHTS


Pursuant to Section 120.569, F.S., any party has the right to request an administrative hearing by filing a request with the Agency Clerk. In order to obtain a formal hearing before the Division of Administrative Hearings under Section 120.57(1), F.S., however, a party must file a request for an administrative hearing that complies with the requirements of Rule 28-106.2015, Florida Administrative Code. Specific options for administrative action are set out in the attached Election of Rights form.


The Election of Rights form or request for hearing must be filed with the Agency Clerk for the Agency for Health Care Administration within 21 days of the day the Administrative Complaint was received. If the Election of Rights form or request for hearing is not timely received by the Agency Clerk by 5:00 p.m. Eastern Time on the 21st day, the right to a hearing will be waived. A copy of the Election of Rights form or request for hearing must also be sent to the attorney who issued the Administrative Complaint at his or her address. The Election of Rights form shall be addressed to: Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 3, Tallahassee, FL 32308; Telephone (850)

412-3630, Facsimile (850) 921-0158.



Any party who appears in any agency proceeding has the right, at his or her own expense, to be accompanied, represented, and advised by counsel or other qualified representative. Mediation under Section 120.573, F.S., is available if the Agency agrees, and if available, the pursuit of mediation will not adversely affect the right to administrative proceedings in the event mediation does not result in a settlement.


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the Administrative Complaint and


(-

,Election of Rights form were served to the persons named below by the method designated on this / day of September, 2014.


Magic Hands Rehabilitation Center, Inc. 7392 NW 35th Terrace, Unit 310

Miami, Florida 33122


Tho s Jones, Unit Manager Health Care Clinic Licensure Unit

Agency for Health Care Administration (Electronic Mail)

Peter J. Maffetone, Registered Agent Magic Hands Rehabilitation Center, Inc. 3031 Lakeview Blvd.

Delray Beach, Florida 33445

91 7199 9991 7033 2246 4269

Peter J. Maffetone, Registered Agent Magic Hands Rehabilitation Center, Inc. 7392 NW 35th Terrace, Unit 310

Miami, Florida 33122

91 7199 9991 7033 2246 4245

Peter J. Maffetone, Registered Agent Magic Hands Rehabilitation Center, Inc. 6300 South Dixie Highway, Suite 205 West Palm Beach, Florida 33405

91 7199 9991 7033 2246 4252


STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


Re: Magic Hands Rehabilitation Center, Inc. AHCA No. 2014008789


ELECTION OF RIGHTS


This Election of Rights form is attached to an Administrative Complaint. The Election of Rights form may be returned by mail or by facsimile transmission, but must be filed with the Agency Clerk within 21 days by 5:00 p.m., Eastern Time, of the day that you received the Administrative Complaint. If your Election of Rights form with your selected option (or request for hearing) is not timely received by the Agency Clerk, the right to an administrative hearing to contest the proposed agency action will be waived and an adverse Final Order will be issued. In addition, please send a copy of this form to the attorney of record who issued the Administrative Complaint.


(Please use this form unless you, your attorney or your qualified representative prefer to reply according to Chapter120, Florida Statutes, and Chapter 28, Florida Administrative Code.) The address for the Agency Clerk is:


Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Building #3, Mail Stop #3

Tallahassee, Florida 32308

Telephone: 850-412-3630 Facsimile: 850-921-0158


PLEASE SELECT ONLY 1 OF THESE 3 OPTIONS


OPTION ONE (1)    I waive the right to a hearing to contest the allegations of fact

and conclusions of law contained in the Administrative Complaint. I understand that by giving up my right to a hearing, a final order will be issued that adopts the proposed agency action and imposes the fine, sanction or other agency action.


OPTION TWO (2)   I admit the allegations of fact contained in the Administrative

Complaint, but wish to be heard at an informal hearing (pursuant to Section 120.57(2), Florida Statutes) where I may submit testimony and written evidence to the Agency to show that the proposed administrative action is too severe or that the fine, sanction or other agency action should be reduced.


OPTION THREE (3) I dispute the allegations of fact contained in the

Administrative Complaint and request a formal hearing (pursuant to Section 120.57(1), Florida Statutes) before an Administrative Law Judge appointed by the Division of Administrative Hearings.


PLEASE NOTE: Choosing OPTION THREE (3), by itself, is NOT sufficient to obtain a formal hearing. You also must file a written petition in order to obtain a formal hearing before the Division of Administrative Hearings under Section 120.57(1), Florida Statutes. It must be received by the Agency Clerk at the address above within 21 days of your receipt of this proposed agency action. The request for formal hearing must conform to the requirements of

Rule 28-106.2015, Florida Administrative Code, which requires that it contain:


  1. The name, address, telephone number, and facsimile number (if any) of the Respondent.

  2. The name, address, telephone number and facsimile number of the attorney or qualified representative of the Respondent (if any) upon whom service of pleadings and other papers shall be made.

  3. A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate.

  4. A statement of when the respondent received notice of the administrative complaint.

  5. A statement including the file number to the administrative complaint.


Licensee Name:                                                                                                                                               


Contact Person:                                                                          Title:                                                        


Address:

Number and Street City Zip Code


Telephone No.                                                             Fax No.                                                      _


E-Mail                                                                                                                                                


I hereby certify that I am duly authorized to submit this Election of Rights to the Agency for Health Care Administration on behalf of the licensee referred to above.


Signed:                                                                                                     Date:                                           


Print Name:                                                                                             Title:                                           


STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Petitioner,


  1. DOAH Case No.: 14-5044

    AHCA No.: 2014008789

    MAGIC HANDS REHABILITATION CENTER, INC.,


    Respondent.


    _....;/



    SETTLEMENT AGREEMENT


    Petitioner, State of Florida, Agency for Health Care Administration (hereinafter the "Agency"), through its undersigned representatives, and Respondent, Magic Hands Rehabilitation Center, Inc. (hereinafter "Respondent"), 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 was issued a health care clinic Certificate of Exemption pursuant to Chapter 400, Part X, Fla. Stat. (2014), and Chapter 59A-33, Fla. Admin. Code; and

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

    WHEREAS, the Agency served the Respondent with an administrative complaint dated September 19, 2014, notifying the party of the Agency's intent to revoke the Respondent's health care clinic Certificate of Exemption pursuant to Chapters 408, Part II, Sections 400.9905, 400.995, 400.9915 and 400.9935, Fla. Stat. (2014) and R. 59A-33.006, Fla. Admin. Code;


    EXHIBIT 2


    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 consideration 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 withdraw its request for an administrative proceeding; 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's certificate of exemption is voluntarily surrendered. The Respondent will return the certificate to the Licensure Unit upon receipt of the Final Order adopting this Agreement.



      2. The Agency will withdraw the Administrative Complaint.


    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, the Respondent neither admits nor denies the facts and legal conclusions raised in the administrative complaint. Nothing in either the Administrative Complaint or the Settlement Agreement herein shall be construed to be retroactive in nature. The Agency is not precluded from using the subject events for any purpose within the jurisdiction of the Agency. Further, Respondent acknowledges and agrees that this Agreement shall not preclude or estop any other federal, state or local agency or office from pursuing any cause of action or taking any action, even if based on or arising from, in whole or in part, the facts raised in the administrative complaint.

    7. Upon full execution of this Agreement, the Agency shall enter a Final Order adopting and incorporating the terms of this Agreement and closing the above-styled case(s).

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


    9. This Agreement shall become effective on the date upon which it is fully executed by all the parties and the Certificate of Exemption surrendered.

    10. 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 and from 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 Agencfs 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.

    11. This Agreement is binding upon all parties herein and those identified in the aforementioned paragraph of this Agreement.

    12. The undersigned have read and understand this Agreement and have authority to bind their respective principals to it. Respondent has the capacity to execute this Agreement. Respondent understands that it has the right to consult with counsel and has either consulted with counsel or has knowingly and freely entered into this Agreement without exercising its right to consult with counsel. Respondent affirms that Respondent understands counsel for the Agency represents solely the Agency and Agency counsel has not provided legal advice to or influenced Respondent in its decision to enter into this Agreement.

    13. In the event that Respondent was a Medicaid provider at the subject time of the actions alleged in the administrative complaint referenced herein, this Agreement does not prevent the Agency from seeking Medicaid overpayments related to the subject issues or from imposing any sanctions pursuant to Rule 590-9.070, Florida Administrative Code. This Agreement does not settle any federal issues pending against Respondent.

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


    15. 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.

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


    17. The following representatives hereby acknowledge that they are duly authorized to enter into this Agreement.



Molly inst ·, eputy Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive

Tallahassee, Florida 32308



     ---

General Counsel

Agency for Health Care Administration 2727 Mahan Drive. Mail Stop #3

Tallahassee, Florida 323 8

Dagmar Llaudy /Esquire

Law Oftl£:_g.f'.-Oagmar Llaudy, P.A. 814 Ponce De Leon Blvd, Suite 513 Coral Gables, Florida 33134 Counselfi>r Respondem


DATED:#-


'el A J son Assistan neral Counsel

Agency o Health Care Administration

2727 M an Drive, Mail Stop #3 Tallahassee. Florida 32308


--<, +-, ---

DATED:

I il . _/rt /_Iv(


Docket for Case No: 14-005044
Issue Date Proceedings
Dec. 24, 2014 Agency Final Order filed.
Dec. 10, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Dec. 10, 2014 (Petitioner's) Stipulated Motion to Relinquish Jurisdiction filed.
Dec. 02, 2014 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 20, 2015; 9:00 a.m.; Miami, FL).
Dec. 02, 2014 CASE STATUS: Motion Hearing Held.
Nov. 25, 2014 Respondent's Motion to Reschedule December 22, 2014 Hearing by Video Teleconference filed.
Nov. 25, 2014 Respondent's Motion to Reschedule December 22, 2014 Hearing by Video Teleconference filed.
Nov. 14, 2014 Agency's Notice of Production From Non-Party filed.
Nov. 14, 2014 Agency's Notice of Production From Non-Party filed.
Nov. 04, 2014 Order of Pre-hearing Instructions.
Nov. 04, 2014 Notice of Hearing by Video Teleconference (hearing set for December 22, 2014; 9:00 a.m.; Miami and Tallahassee, FL).
Nov. 03, 2014 Joint Response to Inital Order filed.
Oct. 28, 2014 Agency's First Request for Admissions filed.
Oct. 28, 2014 Petitioner's Notice of Service of First Set of Interrogatories filed.
Oct. 28, 2014 Agency's First Request for Production to Respondent filed.
Oct. 27, 2014 Initial Order.
Oct. 24, 2014 Administrative Complaint filed.
Oct. 24, 2014 Election of Rights filed.
Oct. 24, 2014 Respondent's Petition to Request Administrative Hearing filed.
Oct. 24, 2014 Notice (of Agency referral) filed.

Orders for Case No: 14-005044
Issue Date Document Summary
Dec. 16, 2014 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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