Petitioner: FLORIDA`S BEST HOME HEALTH REFERRAL, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: FLORENCE SNYDER RIVAS
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Oct. 02, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 21, 2006.
Latest Update: Dec. 25, 2024
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AGENCY FOR HEALTH CARE ADMINISTRATION
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DOAH No: 06-3730. “Yih, “Oy
Vs. AHCA No: 2006008279 igo, 2
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STATE FLORIDA, AGENCY FOR 77
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HEALTH CARE ADMINISTRATION, <
Respondent
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FINAL ORDER
The Agency for Health Care Administration has entered into a Settlement Agreement with _
the parties to these proceedings, and:
THEREFORE, it is ORDERED that:
1. The Attached 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 settlement Agreement.
2. The above styled case is hereby closed.
DONE and ORDERED at Tallahassee, Leon County, Florida this / day of
Aauary 2007-
Andrew &. Agwunobi, M.D., Secretary
Agency fot Health Care Administratio:
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 PROCEEDING SHALL BE
CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE
_ NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF THE RENDITION
OF THE ORDER TO BE REVIEWED.
Copies furnished to:
Nelson E. Rodney, 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, Mail Stop 9
Tallahassee, Florida 32308
Christopher A. Parrella, Esquire
Anthony C. Vitale, P.A.
799 Brickell Plaza, Suite 700
Miami, Florida 33131
Florence Snyder Rivas
Administrative Law Judge
Division of administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Janice Mills
Intake
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was sent to the above-named
addressees by U.S. Mail this “day of __CJenanry 2007
22
SE S=——<——
Richard Shoop, Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive
Building 3
Tallahassee, Florida 32308
(850) 922-5873
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STATE OF FLORIDA , ie & f)
AGENCY FOR HEALTH CARE ADMINISTRATION “7 Ay 5 aed
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FLORIDA’S BEST HOME HEALTH Ap isn, 2p 5
REFERRAL, INC., MIS OW oF
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Petitioner, Case No. 06-3730
FRAES No. 2006008279
vs.
STATE OF FLORIDA, AGENCY
FOR HEALTH CARE ADMINISTRATION 0:0:-r0 000 s0neoe a
Respondent,
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SETTLEMENT | AGREEMENT’ _Sopiudharanp eA yas nestling So: SEARS RRA oe caleba oe
Respondent, State of Florida, Agency for Health Care Administration
(hereinafter the “Agency”), through its undersigned representatives, and Florida’s Best
Home Health Referrals, Inc., (hereinafter “Petitioner”) agree as follows:
1. Petitioner is an applicant for a Home Health Agency license pursuant to Chapter
400, Part IIL, Florida Statutes (2006), and Chapter 59A-8, Florida Administrative Code.
2. On September 19, 2006, the Agency sent Petitioner a Notice of Intent to Deny
Petitioner’s application for a license because it failed to include proof of the
Petitioner’s financial ability to operate.
3. Petitioner denied the allegations raised in the notice of intent and requested a
hearing pursuant to Section 120.57(1) Florida Statutes (2006).
4. The Agency agrees that the application now complies with all legal requirements,
that the notice of intent to deny will be rescinded and the license renewal issued.
5. The Agency agrees that it will not impose any further penalty against Petitioner as
a result of the notice of intent. This agreement does not prevent the Agency from
imposing a penalty against Petitioner for any future violation of law or rule nor from
recovering any Medicaid overpayments that are due or may become due.
Page 1 of 3
‘this Agreement shall be void.
6. Petitioner agrees to waive its right to all appeals and proceedings in this case
including, but not limited to, an informal proceeding under Subsection 120.57(2),
Florida Statutes (2006), a formal proceeding under Subsection 120.57(1), Florida
Statutes (2006), an appeal under Section 120.68, Florida Statutes (2006), or any
declaratory or writ of relief in any State or Federal Court, any administrative court or
any court of competent jurisdiction.
7. Upon full execution of this Agreement, the Agency shall enter a final order
adopting and incorporating the terms of this Agreement and closing this case.
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.
10. The undersigned have read and understand this Agreement. They acknowledge that .
“they have had atropportunity to consult with a lawyer before signing this ‘agreement-“““"""
This Agreement contains the entire understanding and agreement of the parties.
11. This Agreement supersedes any prior oral or written agreement between the parties.
This Agreement may not be amended except in writing. Any attempted assignment of _
12. Venue for any action brought to enforce the terms of this Agreement or the Final
Order entered in this case shall lie in the Circuit Court in Leon County, Florida
13. Petitioner 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 Petitioner or related facilities.
14. This Agreement is binding upon all parties herein and those identified in the
foregoing paragraph.
Page 2 of 3
soley wen EMH ee
Vec 20 2006 3:30PM ANTHONY C.VITALE, P.A. 3053595113 p.4
DEC-28-2086 14:37 AHCA LEGAL DEPARTMENT P.04
The following representatives hereby acknowledge that they are duly authorized to
enter into this Agreement.
DATED. o[16] 20 Z DATED J) (U/CE
William H. Roberts
Acting General Counsel
Agency foy Health Care Administration Agency for Health Care Administration
DATED_/Z/Z0/ Ob _ DATED_[ 2720 foo
. Christopher A. Parrella, Esq. Senior Attomey
Attomey for Petitioner Agency for Health Care Administration
Page 3 of 3
TOTAL P.@4
Docket for Case No: 06-003730
Issue Date |
Proceedings |
Jan. 22, 2007 |
Final Order filed.
|
Nov. 21, 2006 |
Order Closing File. CASE CLOSED.
|
Nov. 20, 2006 |
Joint Motion to Relinquish Jurisdiction filed.
|
Oct. 13, 2006 |
Order of Pre-hearing Instructions.
|
Oct. 13, 2006 |
Notice of Hearing (hearing set for November 28, 2006; 9:00 a.m.; Miami, FL).
|
Oct. 10, 2006 |
Joint Response to Initial Order filed.
|
Oct. 03, 2006 |
Initial Order.
|
Oct. 02, 2006 |
Notice of Intent to Deny filed.
|
Oct. 02, 2006 |
Election of Rights for Proposed Agency Action filed.
|
Oct. 02, 2006 |
Petitioner Florida`s Best Home Health Referrals, Inc.`s, Petition for Formal Administrative Hearing Pursuant to Chapter 120.57(1), Florida Statutes filed.
|
Oct. 02, 2006 |
Notice (of Agency referral) filed.
|