et” FILED, STATE OF FLORIDA - AGENCY FOR HEALTH CARE ADMINISTRATION = &&P 26 02 ft AHCA . NURSING UNLIMITED 2000, INC., DEPARTMENT CLERK Petitioner, DOAH NO. 02-2760 vs. ‘Dlie NO. 2092027601 AGENCY FOR HEALTH CARE i "” DOAH NO. 02-2566 ro. ADMINISTRATION, AHCA NO. 200202758}. wa os Respondent. aa en / us EO FINAL ORDER an = mn me The Respondent, Agency for Health Care Administration, having entered into a Stipulation and Settlement Agreement with Petitioner, Nursing Unlimited 2000, Inc., and being otherwise well advised in the premises, decides as follows: The attached Stipulation and Settlement Agreement is approved and adopted as a part of this Final Order and the parties are directed to comply with the terms of the Stipulation and Settlement Agreement. THEREFORE, it is ORDERED and ADJUDGED that the parties hereto are directed to comply with the terms of the Stipulation and Settlement Agreement. DONE and ORDERED this oS) day of September 2002, in Tallahassee, Leon County, Florida. 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 AND A SECOND Copy, ALONG WITH A FILING FEE AS PRESCRIBED BY LAW, IN THE DISTRICT COURT OF APPEAL WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: R. David Prescott, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 S. Monroe Street, Suite 420 Tallahassee, FL 32301 (U.S. Mail) Lori C. Desnick Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, M.S. #3 Tallahassee, FL 32308 (Interoffice Mail) Elizabeth Dudek Deputy Secretary Managed Care and Health Quality Assurance Agency for Heaith Care Administration 2727 Mahan Drive, M.S. #9 Tallahassee, Florida 32308 (Interoffice- matt): Wendy Adams, Regulatory Consultant Agency for Health Care Administration 2727 Mahan Drive, M.S. #3 Tallahassee, FL 32308 (Interoffice Mail) CERTIFICATE OF SERVICE proae McCharen, Agency dae Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32303 GS STATE OF FLORIDA Ape, DIVISION OF ADMINISTRATIVE HEARING Ha NURSING UNLIMITED 2000, INC., Petitioner, DOAH CASE NOS. 02-2566 02-2760 vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / STIPULATION AND SETTLEMENT AGREEMENT. Respondent, State of Florida, Agency For Health Care Administration (hereinafter “AHCA") and Petitioner, Nursing Unlimited 2000, Inc. (hereinafter “Nursing Unlimited") (“AHCA” and “Nursing Unlimited” sometimes shall be referred to as “party” and collectively as “parties"), through their undersigned representatives and pursuant to Section 120.57(4), Florida Statutes (2001), hereby enter into this Stipulation and Settlement Agreement (the “Agreement”) and agree as follows: WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing authority over home health agencies pursuant to Chapter 400, Part IV, Florida Statutes; and, WHEREAS, Nursing Unlimited is the holder of a home health agency license issued by AHCA (license number HHA299991242) authorizing operation of a home health agency in AHCA District 11, Dade and Monroe Counties; and, WHEREAS, Nursing Unlimited timely submitted its license renewal application to AHCA; and, WHEREAS, dated April 24, 2002, AHCA issued a Notice of Intent to Deny Nursing 690-4 20d BBE~L $1s91990se “18 48 VIN3O3 390FTINY-wory = Wegz:yD §—-zg-91-Bg Unlimited’s application for license renewal as a home health agency which Notice alleged grounds to deny the application pursuant to Section 400.471(12), Florida Statutes, based solely on the allegation that a minority shareholder of Nursing Unlimited, Guillermo Delgado, had two unpaid fines for which final orders have been issued; and, WHEREAS, dated April 26, 2002, Nursing Unlimited timely filed a Petition for Formal Hearing with AHCA challenging AHCA’s Notice of Intent to Deny its license renewal application, which Petition was forwarded to DOAH and assigned DOAH Case No. 02-2760; and, WHEREAS, Nursing Unlimited denies that grounds have ever existed to deny its license renewal application; and, WHEREAS, AHCA issued a letter dated August 21, 2002, noticing AHCA’s rescission of the April 24, 2002, Notice of Intent To Deny the license renewal application; and, WHEREAS, AHCA has issued the renewal license with an effective date of April 26, 2002 (License #HHA299991242 - Certificate #11160); and, WHEREAS, pursuant to a joint motion to relinquish jurisdiction, DOAH closed its file on DOAH Case No. 02-2760, by order dated August 23, 2002; and, WHEREAS, Nursing Unlimited submitted to AHCA an application for an initial home health agency license to operate a home health agency in Broward County, Florida; and, WHEREAS, dated April 23, 2002, AHCA issued a Notice of Intent to Deny Nursing Unlimited’s initial application for a home health agency license for Broward County which Notice alleged grounds to deny the application pursuant to Section 400.471(12), Florida Statutes, based solely on the allegation that a minority shareholder in Nursing Unlimited, Guillermo Delgado, had two unpaid fines for which final orders have been issued; and, Page 2 of 7 690-4 f0'd 86E-L S1s91990ce “18-48 YINSOF JOGTUNY-wory = wdgZ:pO 20-91-60 WHEREAS, dated May 16, 2002, Nursing Unlimited timely filed with AHCA a Petition for Formal Hearing contesting AHCA’s Notice of Intent to Deny its initial license application to operate a home health agency in Broward County, which Petition was forwarded to DOAH and assigned DOAH Case No. 02-2566 and remains pending; and, WHEREAS, Nursing Unlimited denies that grounds have ever existed to deny its initial license application; and, WHEREAS, AHCA has deemed the initial license application complete and has conducted an initial licensure inspection/survey of the Broward home health agency and determined it to be in substantial compliance with all applicable statutes and rules; and, WHEREAS, as of June 28, 2002, Guillermo Delgado is not a shareholder, officer, director, or managing employee of Nursing Unlimited; 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 have negotiated and agreed that the best interests of all the parties will be served by a settlement of this proceeding. NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. Nursing Unlimited agrees that it shall not permit Guillermo Delgado (“Delgado”) to be a shareholder, officer, director, or managing employee of Nursing Unlimited, so long as Delgado has failed to pay all outstanding fines assessed by final order of AHCA against him, pursuant to Section 408.831(1), Florida Statutes (2002, HB 59-E, §12). Page 3 of 7 80-4 vO'd = BBE-L $1991890S8 “18 48 VIN3OF 39CFUN-wosy = wWLZ:~g 20-91-80 2. Upon the Effective Date of this Agreement, Nursing Unlimited’s initial home health agency license application to operate a home health agency in Broward County shall be deemed approved. Within five (5) business days of the Effective Date of this Agreement, AHCA shall issue the initial home health agency license to Nursing Unlimited. 3. Promptly after the Effective Date of this Agreement, the parties shall file a joint motion to relinquish jurisdiction of DOAH Case No. 02-2566 (initial license case). Promptly upon relinquishment of DOAH jurisdiction, AHCA shall enter a Final Order incorporating the terms of this Agreement, and containing no other substantive findings of fact or conclusions of law. 4. All recitals are true and correct and are expressly incorporated herein. 5. Both parties agree that the “whereas” clauses incorporated herein are binding findings of the parties. 6. Upon full execution and implementation of this Agreement, both parties agree to waive any and all appeals and proceedings; agree to waive compliance with the form of the Final Order (findings of fact and conclusions of law) 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. 7. Each party for itself and for its related or resulting organizations, its successors or transferees, attorneys, heirs, and executors or administrators, does hereby discharge the other party, 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, including, but not limited to, any claims that were or may be Page 4 of 7 690-4 Sd 866-1 $is91890se “VE 38 WINIO3 INGIIN-wory = waza 20-91-60 asserted in any federal or state court or administrative forum, including any claims arising out of this Agreement. 8. This Agreement shall become a legal and binding document upon its Effective Date and will be enforceable in any court of competent jurisdiction. 9. The signatories hereto represent and warrant they are authorized to execute and bind their respective principals to the provisions and conditions of this Agreement. Through the execution of this Agreement, the signatories intend to fully bind their respective principals. 10. Each party shall bear its own attorneys’ fees and costs incurred through the Effective Date of this Agreement. 11. The invalidity or unenforceability of any particular provision of this Agreement shall not effect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 12. This Agreement contains the entire understandings and agreements of the parties. 13. This Agreement supersedes any prior oral or written agreements between the parties. 14. This Agreement may not be amended except in writing. Any attempted assignment of this Agreement shall be void. 15. The Effective Date of this Agreement shall be the date the Agreement is last signed and dated by the representatives of both parties hereto (the “Effective Date”). Page 5 of 7 630-4 80'd 86E-1 §199199098 “12 38 WINID3 FOQITNY-wory = wz ~D = 20-91-60 The following representatives hereby acknowledge that they are duly authorized to enter into this Agreement. Managed Care and Health Quality Assurance Agency for Health Care Administration Dated: _Yaofoa— “igh La E Valda Clark Christian General Counsel Agency for Health Care Administration 2727 Mahan Drive Tallahassee, FL 32308 Dated: _Olple2 Page 6 of 7 690-4 ZQ'd = 86-1 $1g91890g8 “18 38 ¥IN3OF 39a TLNY-wosy we 22 90 20-91-60 Aida Salazar-Rebull, as President Nursing on 2000, by . Dated: a, : ~ 690-4 80'd 86E-1 , $1991890S8 “12 48 YINIOF IIGFUNY-Wosy = WEZ?~Q §— 29-91-69

Docket for Case No: 02-002566