STATE OF FLORIDA Pos Dh AGENCY FOR HEALTH CARE ADMINISTRATION , BE aH AGP Qe STATE OF FLORIDA, Divisio ne AGENCY FOR HEALTH CARE : ADMINISTER Agi E ADMINISTRATION, HEARINGS Petitioner, v. AHCA No: 2008002291 DOAH No: 08-1454 ABBEY HOME HEALTH CARE, INC., RENDITION NO.: AHCA-08- Cir.3 &-S-OLC Respondent. / FINAL ORDER Having reviewed the Notice of Intent to Impose Late Renewal Fine dated February 22, 2008, attached hereto and incorporated herein (Ex. 1), and all other matters of record, the Agency for Health Care Administration (“Agency”) has entered into a Settlement Agreement (Ex. 2) with the other party to these proceedings, and being otherwise well-advised in the premises, finds and concludes as follows: ORDERED: 1. The attached Settlement Agreement is approved and adopted as part of this Final Order, and the parties are directed to comply with the terms of the Settlement Agreement. 2. The Notice of Intent to Impose Late Renewal Fine is superseded. 3. The Respondent's request for formal administrative proceedings is withdrawn. 4. The Agency shall begin processing Respondent's application. 5. Each party shall bear its own costs and attorney’s fees. 6. The above-styled case is hereby closed. DONE and ORDERED this Oday of __ C7tear_ 202f, in Tallahassee, Leon County, Florida. Holly Bens&n, 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 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 OF PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Abiodun Adeagbo Tria Lawton-Russell Director of Operations Assistant General Counsel 7800 West Oakland Park Blvd. Agency for Health Care Administration Suite E115 8350 NW 52™ Terrace, Suite 103 Ft. Lauderdale, Florid 33351 Miami, Florida 33166 (U. S. Mail) (Interoffice Mail) Finance & Accounting Elizabeth Dudek Agency for Health Care Deputy Secretary Administration Agency for Heaith Care Revenue Management Unit Administration 2727 Mahan Drive, MS #14 2727 Mahan Drive, Bldg #1, MS #9 Tallahassee, Florida 32308 Tallahassee, Florida 32308 (Interoffice Mail) (Interoffice Mail) RO Jan Mills Hon. June C. McKinney Agency for Health Care Administrative Law Judge Administration Division of Administrative Hearings 2727 Mahan Drive, Bldg #3, MS #3. The DeSoto Building Tallahassee, Florida 32308 1230 Apalachee Parkway (Interoffice Mail) Tallahassee, Florida 32399-3060 (U.S. Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named person(s) and entities by U.S. Mail, or the method designated, on this the ZY day of Vane , 200% Richard Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5873 FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, CHARLIE CRIST ANDREW C. AGWUNOBI, M.D. GOVERNOR - SECRETARY [Certified Article:Number: 5 February 22, 2008 24L0 3901 9845 3733 14bb _ SENDERS RECORD”. License Number: 29999189} Lealla Adeagbo Abbey Home Health Care, Inc. P.O.Box 101045 Fort Lauderdale, Fl 33310 Case #: 2008002291 NOTICE OF INTENT TO IMPOSE LATE RENEWAL FINE Pursuant to Section 408.806(2), and Chapter 400 Part III Florida Statutes, (F.S.) a fine of $500 is hereby imposed for late filing of your license renewal application. Your renewal application was not received sixty 60 days prior to the expiration of your Home Health Agency license pursuant to Section 408,806(2)(a), F.S. Your renewal application was due December 28, 2007 but was not received until January 18, 2008 making the application 20 days late. Pursuant to Section 408.806(2)(d), F.S., failure to timely submit a renewal application and license fee shall result in a $50 per day late fee; the aggregate amount of the late fee may not exceed 50 percent of the licensure fee or $500, whichever is less. TO PAY NOW, PAYMENT SHOULD BE MADE WITHIN 21 DAYS AND MAILED WITH A COPY OF THIS NOTICE OF INTENT TO: Agency for Health Care Administration Home Care Unit 2727 Mahan Drive, MS#34 Tallahassee, FL 32308 EXPLANATION OF RIGHTS Pursuant to Section 120.569, 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 28-106.201, Florida Administrative Code (F.A.C), and must state the material facts you dispute. SEE ATTACHED ELECTION AND EXPLANATION OF RIGHTS FORMS. Agency for Health Care Administration Co. A if ie foevth ¢ By: Anne Menard, Manager Home Care Unit cc: Agency Clerk, Mail Stop 3 Legal Intake Unit, Mail Stop 3 Visit AHCA online at http://ahca.mytlorida.com 2727 Mahan Drive,MS#34 Tallahassee, Florida 32308 EXHIBIT Le STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, DOAH No: 08-1454 VS. AHCA No: 2008002291 ABBEY HOME HEALTH CARE, INC., Respondent. / SETTLEMENT AGREEMENT Petitioner, State of Florida, Agency for Health Care Administration (hereinafter the “Agency”), through its undersigned representatives, and Respondent, Abbey Home Health Care, Inc. (hereinafter “Respondent”), pursuant to Section 120.57(4), Florida Statutes, each individually, a “party,” collectively as “parties,” hereby enter into this Settlement Agreement (“Agreement”) and agree as follows: WHEREAS, the Respondent is a home health agency licensed pursuant to Chapters 400, Part III, and Chapter 408, Part II, Florida Statutes, Section 20.42, Florida Statutes, and Chapter 59A-8, Florida Administrative Code; and WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing authority over licensure of Petitioner; and WHEREAS, the Agency served the Respondent with a Notice of Intent to Impose Late Renewal Fine notifying the Respondent of its intent to imnpose an administrative fine in the sum of $500.00; and WHEREAS, the Petitioner requested a formal administrative hearing by filing an election of rights form or petition; 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 stipulate to the adequacy of considerations to be exchanged; and WHEREAS, the parties have negotiated in good faith and agreed that the best interest of all the parties will be served by a settlement of the 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, Respondent agrees to a withdrawal of its request for an administrative proceeding; agrees to waive any and all proceedings and appeals 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; and further agrees to waive compliance with the form of the Final Order (findings of fact and conclusions of law) to which it may be. entitled. Provided, however, that no agreement herein, shall be deemed a waiver by either party of its right to judicial enforcement of this Agreement. 4. following: Upon Full execution of this Agreement, the parties agree to the The Notice of Intent to Impose Late Renewal Fine is superseded. The Respondent’s request for formal administrative proceedings is withdrawn. Upon the full execution of this Agreement, the Agency shall begin processing Respondent’s application. Nothing in this Agreement shall prohibit the Agency from denying Respondent’s application for licensure based upon any statutory and/or regulatory provision, including, but not limited to, the failure of Petitioner to satisfactorily complete a survey reflecting compliance with all statutory and rule provisions as required by law. 5. Venue for any action brought to interpret, challenge, or enforce the terms of this Agreement or the Final Order entered pursuant hereto shall lie solely in the Circuit Court in Leon County, Florida. 6. 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 case(s). 7. Each party shall bear its own costs and attorney’s fees. 8. This Agreement shall become effective on the date upon which it is fully executed by all the parties. 9. The Respondent, for itself and for its related or resulting organizations, its successors or transferees, attorneys, heirs, and executors or administrators, does hereby discharge the Agency, 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 the Petitioner or related or resulting organizations. 10. This Agreement is binding upon all parties herein and those identified in the aforementioned paragraph of this Agreement. 11. The undersigned have read and understand this Agreement and have authority to bind their respective principals to it. Respondent’s representative has the capacity to execute this Agreement and has done so without the advice of counsel. The Respondent understands that it has the right to consult with counsel and has knowingly and freely entered into this Agreement without exercising its right to consult with counsel. The Respondent fully understands that counsel for the Agency represents solely the Agency and Agency counsel has not provided legal advice to or influenced the Respondent in its decision to enter into this Agreement. 12. In the event that Respondent was a Medicaid provider at the subject time of the actions alleged in the Notice of Intent referenced herein, this Agreement does not prevent the Agency from seeking Medicaid overpayments related to the subject issues or from imposing any sanctions pursuant to Rule 59G-9.070, Florida Administrative Code. This agreement does not prohibit the Agency from taking action regarding Respondent’s Medicaid provider status, conditions, requirements or contract. 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. This Agreement may not be amended except in writing. Any attempted assignment of this Agreement shall be void. 15. All parties agree that a facsimile signature suffices for an original signature. 16. The following representatives hereby acknowledge that they are duly authorized to enter into this Agreement. Elizaveth\Dudek HQA, Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive, Bldg #1 Tallahassee, Florida 32308 DATED: Y FO/3CO5- -, Craig H. Smith, General Counsel lorida Bar No. 96598 Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 DATED: thihy Abiodun Adeagbo Director of Operations 7800 West Oakland Park Blvd Suite E115 Ft. Lauderdale, Florida 33351 DATED: Ape rath, 00 © ria Lawton-Russell Assistant General Counsel . Agency for Health Care Administration 8350 NW 52™ Terrace, 103 Miami, Florida 33166 DATED: b [26 f

Docket for Case No: 08-001454