STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION YEMA HOME HEALTH CARE, INC., ye ee ee Petitioner, vs. AHCA No.: 200590 DOAH No: 05-2192 STATE OF FLORIDA, ry AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / FINAL ORDER The Agency for Health Care Administration, having entered into.a Stipulation and Settlement Agreement, and being otherwise well- advised in the premises, finds as follows: It is ORDERED that: 1. The Stipulation and Settlement Agreement is attached hereto and made a part hereof. The parties are directed to comply with the terms of the Stipulation and Settlement Agreement. 2. Petitioner agreed to withdraw the Petition for Formal Hearing. 3. Respondent shall rescind the Notice of Intent to Deny and issue a renewal license to Petitioner. 4. The above-styled case is hereby dismissed. DONE and ORDERED this od Fay of KE ; 2005, in Tallahassee, Leon County, Florida. Aches ta : Z Agency for Health Care Administration 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 AGENCY CLERK AND A SECOND COPY, ALONG WITH FILING FEE AS PRESCRIBED BY LAW, IN THE DISTRICT COURT OF APPEAL WHERE THE AGENCY MAINTAINS IT’S 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: Nelson E. Rodney, Esq. Assistant General Counsel . Agency for Health Care Administration 8350 NW 52™ Terrace Suite #103 Miami, Florida 33166 (Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive Bldg #1 Mail Stop Code #9 Tallahassee, Florida 32308 (Interoffice Mail) Donna Holshouser Stinson Broad and Cassel 215 S. Monroe Street, Suite 400 Tallahassee, Florida 32301 (U.S. Certified Mail) Hon. Errol H. Powell Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32308 (U.S. Mail) Wendy Adams Intake, MS #3 (Inter-office Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was mailed to the above-named addressees on ay Le , 2005. Richard Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32303 (850) 922-5873 w STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS YEMA HOME HEALTH CARE, INC, DOAH CASE NO. 05-2182 Petitioner, AHCA CASE NO: 2005004449 Vv. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. STIPULATION AND SETTLEMENT AGREEMENT Respondent, Agency for Health Care Administration (hereinafter the "Agency") through their undersigned representatives, and Yema Home Health Care, Inc. (hereinafter 'Petitioner") pursuant to Section 120.57(4), Florida Statutes (2004), each individually, a "party", collectively as "parties," hereby enter into this Stipulation and Settlement Agreement ("Agreement") and agree as follows: WHEREAS, Petitioner is a home health agency licensed pursuant to Chapter 400 Part IV, Florida Statutes (2004); and WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing authority over Petitioner pursuant to Chapter 400, Part IV, F lorida Statutes; and WHEREAS, the Agency served Petitioner with a Notice of Intent to Deny on or about May 27, 2005, notifying the party of its intent to deny Yema’s application to renew its license; and WHEREAS, Petitioner requested a formal administrative hearing in a Petition for Formal Administrative Hearing filed by Petitioner’s counsel on or about June 6, 2005; and TLHAHEALTHI95517.2 35901/0001 DHS dhs 7/20/2005 . 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 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, Petitioner agrees to a withdrawal of its Request for Formal Hearing; agrees 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. 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, Respondent shall issue a Final Order rescinding its Notice of Intent to Deny and shall issue a renewal license to Petitioner. 5. Venue for any action brought to enforce the terms of this Agreement or the Final Order entered pursuant hereto shall lie in the Circuit Court in Leon County, Florida. 6. Each party shall bear its own costs and attorney fees. TLH1\HEAL TH95517.2 35901/0001 DHS dhs 7/20/2005 7. This Agreement shall become effective on the date upon which it is fully executed by all the parties. 8. Yema Home Health Care, Inc., for itself and for its related or resulting organizations, its successors or transferees, attorneys, heirs, and executors or administrators, does hereby discharge the Agency for Health Care Administration, 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 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 Yema Home Health Care, Inc. or related facilities. 9. The Agency does hereby discharge Petitioner 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 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 ari sing out of this Agreement, by or on behalf of the Agency for Health Care Administration. 10. This Agreement is binding upon all parties herein and those identified in the aforementioned paragraphs eight (8) and nine (9) of this Agreement. 11, The undersigned have read and understand this Agreement and have authority to bind their respective principals to it. 12. This Agreement contains the entire understandings and agreements of the parties. 13. This Agreement supercedes any prior oral or written agreements between the parties. TLH1\HEALTH\95517.2 35901/0001 DHS dhs 7/20/2005 14. The parties agree that a facsimile signature contained herein shall be as valid and binding as an original signature. 15. This Agreement may not be amended except in writing. Any attempted assignment of this Agreement shall be void. The following representatives hereby acknowledge that they are duly authorized to enter into this Agreement. ; i Liteeca Spray e Dawe Heblaser S6%— Elizabeth Dudek Donna Holshouser Stinson Deputy Secretary, Broad and Cassel Managed Care and 215 S. Monroe Street, Ste. 400 Health Quality Assurance Tallahassee, FL 3230] Agency for Health Care Administration Counsel for Respondent DATED: Yatlos. patep: 7/20/05 4 (Weide (Memes Christa Calamas General Counsel Agency for Health Care Administration 2727 Mahan Drive Tallahassee FL 3238 DATED: 1 [ a7) ot TLHA\HEALTHI95517.2 35901/0001 DHS dhs 7/20/2005 HOME CARE aa PAGE 02/05 A AGENCY FOR HRALTH CARE ADMINISTRATION 95/31/2085 16:29 8504)" 444 STATE OF FLORIOA JEB BUSH, GOVERNOR ALAN LEVINE, INTERIM SEGRETARY May 24, 2005 Certified Article Number CL 7abO390) S344 Lue. u3zze _ SENDERS RECORD Administrator Yema Home Health Care, Inc. 7845 Coral Way Miami, FL 33155 Re: Home Health Agency 21357096 Complaint #: 2005004449 NOTICE OF INTENT TO DENY It is the decision of the Agency for Health Care Administration that the application for renewal licensure as a home health agency for Yema Home Health Care, located at 7845 Coral Way, Miami, Florida, be denied pursuant to section 400.474(4)(c)2, Florida Statutes, since Yema Home Health Care, Inc. was terminated from participation in the Medicaid program of this state as of May 1, 2005. The pertinent statutes that apply include: Section 400.474(4) “The agency may deny... the license of a home health agency..if: .....(c) An applicant, owner, or person who has a 5 percent or greater interest in a licensed entity: ...2. Has been or is currently excluded, suspended, terminated from, or has involuntarily withdrawn from, participation in the Medicaid program of this state ... “ EXPLANATION OF RIGHTS Pursuant to Section-120.569, Florida Statutes, (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 28-106.111 Florida Administrative Code (F.A.C), Section 28-106.201 Florida Administrative Code (F.A.C), and must state the material facts you dispute, In order to preserve the right to a hearing, the Election of Rights form, in this matter, must be received by the Agency for Health Care Administration within twenty-one (21) days from the date the Notice of Intent to Deny is received by licensee. If the election of rights form with the selected option is not received by the Agency for Health Care Administration within twenty-one Visit ABCA Online at 2727 Mahan Drive * Mail Stop 34 www fdhe. state fl us Tallahasseo, FL 32308 HOME CARE UNIT PAGE 03/85 @5/31/2885 16:29 B504y" “44 (21) days from the date of the receipt of Notice of Intent to Deny, a final order will be issued finding the deficiencies and/or violations charged and imposing the penalty sought. Agency for Health Care Administration By Cane PMtratodth., Anne Menard as Unit Manager Home Care Unit Health Facility Regulation Copy: Agency Clerk, MS 3 Wendy Adams, MS 3 Miami HQA Field Office Enclosed: Election of Rights Form Explanation of Election of Rights Form

Docket for Case No: 05-002182