FILED ANCA STATE OF FLORIDA AGENCY CLERK AGENCY FOR HEALTH CARE ADMINISTRATION FEB-y Df: 27 M & Y HOME HEALTH CARE CORP., & “ e Petitioner, AHCA No.: 200800873 vs. DOAH No.: 08-47£ STATE OF FLORIDA, AGENCY FOR Lege HEALTH CARE ADMINISTRATION, Oe, Respondent. FINAL ORDER Having reviewed the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review dated July 16, 2008, attached hereto and incorporated herein (Exhibit 1), and all other matters of record, the Agency for Health Care Administration (“Agency”), being otherwise well- advised in the premises, finds and concludes as follows: FINDINGS OF FACT 1. The Agency issued a Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review against Petitioner, M & Y Home Health Care Corp., a home health agency. This Notice of Intent charged that the résumé submitted for the individual proposed as the alternate administrator was not a true and accurate document and that the résumé did not include all of the home health agencies where the individual is currently employed. 2. The Petitioner was served the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review on July 23, 2008 by Certified U.S. Mail, Return Receipt Requested. The U.S. Postal Service's Track and Confirm Record is attached hereto and. incorporated herein (Exhibit 2). Enclosed with the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review was an Election of Rights form which advised Respondent of its right to a hearing pursuant to Section 120.57(1) or Section 120.57(2), Florida Statutes (2008). 3. Respondent selected Option Three (3) within the Election of Rights (Exhibit 3), disputing the allegations of fact contained in the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review and requesting a Formal Hearing and filed a Petition for a Formal Hearing. 4. On September 30, 2008, Petitioner withdrew its Petition for Formal Hearing (Exhibit 4). 5. On October 6, 2008, Administrative Law Judge Errol H. Powell issued an Order Closing the File (Exhibit 5). 6. The facts, as alleged and found, establish that Petitioner failed to submit a true and accurate résumé for the alternate administrator, violating Section 408.806(1), Florida Statutes (2008), Section 408.815(1)(a), Florida Statutes (2008), Section 400.462(1), Florida Statutes (2008), Section 400.476(1)(a), Florida Statutes (2008), and Section 59A-8.0095(1)(a)2, Florida Administrative Code. Petitioner’s application is withdrawn from further review. CONCLUSIONS OF LAW 1. Respondent is a home health agency over which the Agency has jurisdiction pursuant to the provisions of Chapters 400, Part III, and 408, Part II, Florida Statues (2008), Section 20.42, Florida Statutes (2008), and Chapter 59A-8, Florida Administrative Code. 2. As alleged in the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review, Petitioner is in violation of Section 408.806(1), Florida Statutes (2008), Section 408.815(1)(a), Florida Statutes (2008), Section 400.462(1), Florida Statutes (2008), Section 400.476(1)(a), Florida Statutes (2008), and Section 59A-8.0095(1)(a)2, Florida Administrative Code. 3. By, withdrawing its Petition for a Formal Hearing, Petitioner expressly waived its right to a hearing and consented to the entry of a Final Order adopting the allegations and conclusions set forth in the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review. The sanction sought in this Notice of Intent is upheld. Based on the foregoing findings of fact and conclusions of law, it is ORDERED: 1. The Agency’s Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review is upheld. 2. Petitioner’s application is withdrawn from further review. 3. The above-styled case is hereby closed. DONE and ORDERED this <2 day of Aliruadee, , 2009, in Tallahassee, Leon County, Florida. Holly Ben Agency for ealth 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 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: Christopher A. Parrella, JD, CHC, CPC The Health Law Offices of Anthony C. Vitale, P.A. 2333 Brickell Avenue Suite A-1 Miami, Florida 33129 (U. S. Mail) Lourdes A. Naranjo, Esq. Assistant General Counsel Agency for Health Care Administration 8350 N. W. 52 Terrace — Suite 103 Miami, Florida 33166 (Interoffice Mail) Jan Mills Elizabeth Dudek Agency for Health Care Deputy Secretary Administration Agency for Health Care 2727 Mahan Drive, Bldg #3, MS #3 | Administration Tallahassee, Florida 32308 2727 Mahan Drive, Bldg #1, MS #9 (Interoffice Mail) Tallahassee, Florida 32308 (Interoffice Mail) Errol H. Powell Administrative Law Judge Division of Administrative hearing 1230 Apalachee Parkway Tallahassee, Florida 32399 (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 cs" method designated, on this the day of FHcer: , 2009. aw OL SSS NN n Richard J. Shoop Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308 (850) 922-5873

Docket for Case No: 08-004765