STATE OF FLORIDA pa Py : ® ssn Fy a AGENCY FOR HEALTH CARE ADMINISTRATION oe we fe | APR 2 AGENCY FOR HEALTH CARE O%- \OK® 4 PM 4: 2g ADMINISTRATION, ail pe . As, USTp , - - Petitioner, AHCA No.: 2ooe00332tieaigica! VE v. Return Receipt Requested: 7004 2890 0000 5525 8894 CAREGIVERS ‘R’ US, Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Agency for Health Care Administration (“AHCA”), by and through the undersigned counsel, and files this Administrative Complaint against Caregivers ‘R’ Us (hereinafter “Caregivers ‘R’ Us”), pursuant to Chapter 400, Part III, and Section 120.60, Florida Statutes, (2007), and alleges: NATURE OF THE ACTION 1. This is an action to revoke the registration pursuant to Sections 408.815(1) (b), and 408.815(1) (c), Florida Statutes (2007), and Chapter 59A-25, Florida Administrative Code for the protection of the public health, safety and welfare. JURISDICTION AND VENUE 2. This Court has jurisdiction pursuant to Sections 120.569 and 120.57, Florida Statutes, and 28-106, Florida Administrative Code. 3. Venue lies in Citrus County, pursuant to Section 120.57, Fla. Stat. and Rule 28-106.207, Florida Administrative Code. PARTIES 4, AHCA is the regulatory authority responsible for registration and enforcement of all applicable statutes and rules governing homemaker companion agencies, pursuant to Chapter 400, Part III, Florida Statutes (2007), Chapter 408, Florida Statutes (2007) and Chapter 59A-8, Florida Administrative Code. 5. Caregivers ‘R’ Us operate a homemaker companion agency, located at 2780 N Florida Avenue, Suite #16, Hernando, Florida 34442. Caregivers ‘R’ Us is registered as a homemaker companion agency, registration number 230106, with an expiration date of July 11, 2009. Caregivers ‘R’ Us was at all times material hereto a registered organization under the authority of AHCA and was required to comply with all applicable rules and statutes. COUNT I CAREGIVERS ‘R’ US FAILED TO TERMINATE AN EMPLOYEE AFTER BACKGROUND CHECK REVEALED FELONY Sections 408.815(1) (b), and 408.815(1)(c), and 400.512, Florida Statutes (2007) 6. AHCA re-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 7. On February 12, 2008, three complaints investigations were conducted. There were discernible issues identified for which the agency is receiving the revocation. 8. Based on interview and record review the agency continued to employ 1 staff person (#1), that had a level II background that revealed felony charges. 9. Review of staff member #1 personnel record revealed she had a clear Level I background screening. However, she had a level II indicating she was charged with a felony in the State of Texas. On 02/12/08, at approximately. 10 AM, upon entry into the agency office this staff member was seated behind a desk with a name badge and the agency’s name. When the Administrator was requested she pointed at a person at another desk (who was the spouse of the Administrator). After speaking with the spouse of the Administrator, staff member #1 was questioned and she indicated "I don't work here in the office, I was just here to make some copies, I am out in the field as a caregiver." Then she stated "I don't. work here at all really, (she had removed the name badge)." At that time she left the agency. The Administrator arrived and during conversation in regards to staff member #1, she stated, "I told her not to say she worked as a caregiver, she doesn't go out in the field, she does the office work. She has gone with me when I have gone out on initial visits but not alone as a caregiver." 10. Further interview with the Administrator revealed that she originally worked for BP as a caregiver for her guardianship clients, then BP told her and staff member #1 could make some money, with her as a silent partner/consultant. The Administrator indicated that BP told them they just needed a city license to operate the service and for approximately 1-2 months, they operated as such. Then she realized that she was supposed to be registered with AHCA and due to staff #1's felony in another state, she had only her name on the application. She revealed that staff member #1 worked for BP and this is how she got acquainted with her. The Administrator revealed that since around August, 2007, there has been on-going accusations/threats and a breach of contract for which she has filed a lawsuit against BP. 11. On 02/13/08, at 2 PM, interview with staff member #1 revealed that since DCF and law enforcement had been investigating issues, she was "scared" and apologized for lying yesterday. She further indicated that she moved to Florida in January 2006, at which time she worked for BP, providing care to her guardianships and the residents in BP's husbands AFCH. She revealed that she was arrested and served 6 months in a Texas prison "for being with a friend at a Target store and the friend had stolen someone's checks." She said the friend got away from the police but they caught her in the parking lot. 12. Based on the foregoing, Caregivers ‘R’ Us violated Sections 408.815(1)(b), and 408.815(1)(c), Florida Statutes (2006), which carries, in this case, a revocation of registration. PRAYER FOR RELIEF WHEREFORE, the Petitioner, State of Florida Agency for Health Care Administration requests the following relief: A. Make factual and legal findings in favor of the Agency on Count I. . B. Revoke the Respondent’s registration pursuant to Sections 408.815(1)(b), 408.815(1) (c), and 400/512, Florida Statutes (2007). Cc. Grant such other relief as this Court deems is just and proper. Respondent is notified that it has a right to request an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes (2007). Specific options for administrative action are set out in the attached Election of Rights Form. Alli requests for hearing shall be made to the Agency for Health Care Administration, and delivered to the Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop #3, Tallahassee, Florida 32308, attention Agency Clerk, telephone (850) 922-5873. un RESPONDENT IS FURTHER NOTIFIED THAT THE FAILURE TO RECEIVE A REQUEST FOR A HEARING WITHIN 21 DAYS OF RECEIPT OF THIS COMPLAINT WILL RESULT IN AN ADMISSION OF THE FACTS ALLEGED IN THE COMPLAINT AND THE ENTRY OF A FINAL ORDER BY THE AGENCY. IF YOU WANT TO HIRE AN ATTORNEY, YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY IN THIS MATTER. Nelson E. Rodney iy Assistant General Counsel Agency for Health Care Administration 8350 N. W. 52™¢ Terrace Suite 103 Miami, Florida 33166 Copies furnished to: Kriste Mennella Field Office Manager Agency for Health Care Administration 14101 NW Highway 441 Suite 800 Alachua, Florida 32615 (Inter-office mail) Home Care Unit Program Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail, Return Receipt Requested to Larissa Wall, Administrator, 2780 N. Florida Avenue, Suite #16, Hernando, Florida 34442 on c Apel & - dove. Nelson E. Rodney % ? SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ™ Complete items 1, 2; and 3. Also complete item 4 if Restricted Delivery is desired. ™ Print your name and address on the reverse so that we can return the card to you. @ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: B. Received by ( Printed Name) Ley, id D. Is delivery address different from item 17 If YES, enter delivery address below: 3. aoe Type Certified Mail O Mail O Registered rn Receipt for Merchandise OO Insured Mail 1.6.0.0. 4, Restricted Delivery? (Extra Fee) 2. Article Number (ttaneter trom service 7004 2890 0000 5525 4894 _ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1640 ;

Docket for Case No: 08-002083