STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, AHCA No: 2006001924 vs. Case No: 06-1583 HIGH TECH HOME HEALTH, INC., d/b/a HIGH TECH HOME HEALTH, INC., Respondent. HIGH TECH HOME HEALTH, INC., d/b/a HIGH TECH HOME HEALTH, INC., a Petitioner, AHCA No: 2006002851 vs. Case No: 06-1585 ™ AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. FINAL ORDER The Agency for Health Care Administration, having entered into a Stipulation and Settlement Agreement with the parties to these proceedings and being otherwise well advised in the premises, finds and concludes as follows: ORDERED that: 1. The attached Stipulation and Settlement Agreement is approved, adopted and made a part of this Final Order. The parties are directed to comply with the terms of the Stipulation and Settlement Agreement. 2. High Tech agreed that the moratorium placed in March 2006 is upheld as is the fine of $35,000.00. The principals of High Tech, Mimi and Thomas Larkin, agree that if they were to apply to obtain a license for home health in the State of Florida the fine of $35,000.00 must be paid prior to such application being considered. 3. The above styled cases are hereby closed. DONE and ORDERED this _/ day of —Slemiag —. 2096, in Tallahassee, Leon County, Florida. Christa Calamas, Secretary 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 N.W. 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) Thomas Larkin, Esq. Attorney for High Tech Home Health, Inc. 4360 North Lake Boulevard, Suite 214 Palm Beach Garden, Florida 33410 (U.S. Certified Mail) Hon. John G. Van Laningham Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Janice Mills, Intake (Inter-office Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was mailed to the above-named addressees’ on _ this day of “Sasa , 700g l= i Richard Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308 (850) 922-5873 AGENCY FOR HEALTH CARE ADMINISTRATION, Pe vs. STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION titioner, Case No. 06-1583 HIGH TECH HOME HEALTH, INC., d/b/a HIGH TECH HOME HEALTH, INC., Respondent . HIGH TECH HOME HEALTH, INC., d/b/a HIGH TECH HOME HEALTH, INC., Petitioner, vs. Case No. 06-1585 . AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent . STIPULATION AND SETTLEMENT AGREEMENT State of Florida, Agency for Health Care Administration (hereinafter the “Agency”), by and through their undersigned representatives, and High Tech Home Health Inc. d/b/a High Tech Home Health, Inc. (hereinafter “High Tech”), pursuant to Section 120.57(4), Florida Statutes (2005), each individually, a “party,” collectively as “parties,” hereby enter into this Stipulation and Settlement Agreement (“Agreement”) and agree as follows: WHEREAS, High Tech is a home health agency licensed pursuant to Chapter 400, Part IV, Florida Statutes (2005) and Chapter 59A-8, Florida Administrative Code, (2005); and Page 1 of 7 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, the Agency served High Tech with administrative complaint #2006001924 on March 15, 2006, notifying the party of its intent to impose a moratorium on new admissions and an administrative fine of $35,000.00 for violations cited by the Agency on the complaint investigation conducted between February 27, 2006 and March 3, 2006; and WHEREAS, the Agency served High Tech with a Notice to Deny on March 29, 2006, AHCA case # 2006002851; and WHEREAS, High Tech requested a formal administrative hearing in a petition to the Agency on April 20, 2006 for case # 2006002851 and on April 6, .2006 for case # 2006001924; 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 interest of all the parties will be served by a settlement of this proceeding; and Page 2 of 7 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, High Tech agrees to a withdrawal of its Petitions for formal Administrative Proceedings; agrees to waive any and all appeals and proceedings; 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 put 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. 4. High Tech agrees that the moratorium placed on High Tech in March 2006 is upheld as is the fine of $35,000. The principals of High Tech, Mimi and Thomas Larkin, agree that if they were to apply to obtain a license for home health in the State of Florida the fine of Page 3 of 7 $35,000 must be paid prior to such application being considered. 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. High Tech neither admits nor denies the allegations raised in the administrative complaint referenced herein. The Agency agrees that it will not impose any further penalty against High Tech as a result of the complaint investigation conducted between February 27, 2006 and March 3, 2006. In the event that respondent was a Medicaid provider at the subject time, this settlement does not prevent AHCA from seeking Medicaid overpayments related to the subject issues. 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 cases. 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. Page 4 of 7 10. High Tech for itself and for its related or resulting organizations, its successors or transferees, attorneys, heirs, and executors or administrators, does hereby discharge the State of Florida, 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 High Tech or related facilities. 11. This Agreement is binding upon all parties herein and those identified in the aforementioned paragraph ten (10) of this Agreement. 12. The undersigned have read and understand this Agreement and have authority to bind their respective principals to it. , 13. This Agreement contains the entire understandings and agreements of the parties. 14. This Agreement supersedes any prior oral or written agreements between the parties. Page 5 of 7 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. / Elizabeth Dudek Deputy Secretary Division of Health Quality Assurance. Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 Dated: bof 34 Jol AT a William Roberts Acting General Counsel Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 Dated: ys [e ‘ ZI Page 6 of 7 Thomas Larkin, Esq. High Tech~Home Health Inc. 4360 North Lake Boulevard, Suite 214, Palm Beach Garden, Florida 33410 Dated: dep tone /, ? 006 Nelson E. Rodney, Esq. Assistant General Counsel Agency for Health Care Administration 8350 N.W. 52 Terrace - #103 Miami, Florida 33166 pated: Kae. SH, Hiv (-

Docket for Case No: 06-001585