STATE OF FLORIDA 4 AGENCY FOR HEALTH CARE ADMINISTRATION: ‘ AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, vs. AHCA 10-00-049 HHA PROGRESSIVE HOME HEALTH CARE, INC., d/b/a PROGRESSIVE HOME HEALTH CARE, INC., Respondent. ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that after twenty one (21) days from the receipt of this Complaint the Agency for Health Care Administration (hereinafter referred to as "Petitioner") intends to impose an administrative fine in the amount of Two Thousand ($2,000.00) Dollars upon Progressive Home Health Care, Inc., d/b/a Progressive Home Health Care, Inc. (hereinafter referred to as "Respondent"). As grounds for this administrative fine the Petitioner alleges as follows: 1. Petitioner has jurisdiction over Respondent by virtue of the provisions of Chapter 400, Part IV, Florida Statutes (F.S.) 2. Respondent is licensed to operate at 10021 Pines Blvd., #206, Pembroke Pines, Florida 33026, as a Home Health Agency in compliance with Chapter 400, Part IV, (F.S.), and Rule 59A-8, Florida Administrative Code (F AC.) 3. On March 15, 1999 during a survey conducted by personnel from the Broward Office of the Agency for Health Care Administration revealed that Respondent was operating the Home Health Agency as follows: VY Ww (a) The agency’s objectives did not explicitly state what services would be provided directly by agency employees or by contracted personnel, if services were provided by contract. Findings were as follows: (1) Based on the review of personnel files, interview with the nursing director and review of the agency’s Policy/Procedures manual, it was determined that the agency did not specifically state what services would be provided by direct employees of the agency. The policy addressing “Scope of Services” stated: “ The Agency’s Registered Nurse will be the case manager-- -------An initial assessment will be conducted by a designated Registered Nurse. In the event that the patient qualifies as a private insurance patient, the initial assessment will be conducted by a designated Registered Nurse employed by Progressive Home Health Care, Inc. Except for the Director of Nursing, who will be the employee of the agency, services will be provided under arrangement with the Home Health Agency include: Registered Nurse Physical Therapist Licensed Practical Nurse Home Health Aide/Certified Nurses Aide. It is our primarily goal to provide to the Home Health Agency qualified professional and non-professional staff under arrangement.” (2) _ By the very nature of the agency’s policy, it was determined that the agency was not providing a direct service using 100% direct employees. The review of personnel files revealed that all the employees were independent contractors, with the exception of the DON. The agency’s Plan of Correction submitted at the time of the 1998 annual survey indicated that physical therapy would be the contracted service. At that time, it was stated that skilled nursing and home health aide services would be provided directly. At the time of this survey, the agency could not demonstrate that any one service was being Y UY provided by direct employees of the agency since its initial licensure, since all personnel, with the exception of the DON, were functioning under individual contractual arrangement. This is in violation of Rule 59A-8.008, (F.A.C.), repeat deficiency from the survey of 3/31/98. $1,000 fine. (b) The agency did not provide one service directly by its own employees. This is in violation of Rule 59A-8.0086(c), (F.A C.) $1,000 fine. 4. The above referenced violation constitutes grounds to levy this administrative fine pursuant to Section 400.474, (F.S.), in that the Respondent has violated the minimum standards, rules and regulations promulgated by the Agency under Chapter 400, Part IV, (F.S.) and 59A-8 (F.A.C.). 5. Respondent is notified that it has a right to request an administrative hearing pursuant to Section 120.569, (F.S.); to be represented by counsel (at its expense); to take testimony, to call and cross-examine witnesses, to have subpoenas and/or subpoenas duces tecum issued, and to present written evidence or argument if it requests a hearing. In order to obtain a formal proceeding, your request for an administrative hearing must conform to the requirements in Rule 28-106.201, (F.A.C.), and must state which issues of material fact you dispute. Failure to dispute material issues of fact in your request for a hearing may be treated by the Agency as an election by you of an informal proceeding under Section 120.57(2), (F.S.) All requests for hearing and payment of fines shall be made: Agency for Health Care Administration Manchester Building, 1st Floor 8355 N.W. 53rd Street Miami, Florida 33 166 Attention: Alba M. Rodriguez, Assistant General Counsel. ee HEARING WITHIN TWENTY ONE (21) DAYS OF RECEIPT OF THIS COMPEAINT Ones WILL RESULT IN AN ADMISSION OF THE FACTS ALLEGED IN THE COMPLAINT“ AND THE ENTRY OF A FINAL ORDER BY THE AGENCY, I HEREBY CERTIFY that a true copy hereof was sent by U.S. Certified Mail, Return Receipt Requested to Guillermo Delgado, Administrator, Progressive Home Health Care, Inc., 10021 Pines Blvd., #206, Pembroke Pines, Florida 33026, and to Guillermo Delgado, Registered Agent, Progressive Home Health Care, Inc. 7440 SW 50" Terrace, Unite 102, Miami, Florida 33155, on this // Reaay of Jule __, 2000. PATRICIA FEENEY Filed Office Manager Agency for Health Care Administration 1400 W. Commercial Blvd., Suite 135 Ft. Lauderdale, Florida 33309 Copy to: Alba M. Rodriguez, Assistant General Counsel Agency for Health Care Administration Manchester Building, 1st Floor 8355 N.W. 53rd Street Miami, Florida 33166 Home Health Agencies Program Office Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 % Y Gloria Collins Finance and Accounting Agency for Health Care Administration 2727 Mahan Drive Tallahassee, FL 32308

Docket for Case No: 00-003792