STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION J0KAPR “68 1: 52 - ON-SITE HOME HEALTH CARE, CORP., Petitioner, AEE AHCA No.: 2008012046. vs. DOAH No.: 08-5836 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. FINAL ORDER Having reviewed the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review dated October 23, 2008, attached hereto and incorporated herein (Exhibit 1), and all other matters of record, the Agency for Health Care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 The Agency issued a Notice of Intent to Deem Application Incompiete and Withdrawn from Further Review against Petitioner, On-Site Home Health Care Corp., a home health agency. This Notice of Intent charged that the renewal application of Petitioner’s home health agency license indicated that the Petitioner did not serve any patients in a 12-month period prior to submitting their renewal application on 9/15/2008. 2. The Petitioner was served the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review on October 29, 2008 by Certified U.S. Mail, Return Receipt Requested.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 Enclosed with the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review was an Election of Rights form which advised Respondent of its right to a hearing pursuant to Section 120.57(1) or Section 120.57(2),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. Petitioner 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(Exhibit 3), disputing the allegations of fact contained in the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review and requesting a Formal Hearing and filed a Petition for a Formal Hearing. 4.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 January 16, 2009, Petitioner withdrew its Petition for Formal Hearing (Exhibit 4). 5. On January 21, 2009, Administrative Law Judge John G. Van Laningham issued an Order Closing the File (Exhibit 5). 6. The facts, as alleged and found, establish that the renewal application of Petitioner’s home health agency license indicated that the Petitioner did not serve any patients in a 12-month period prior to submitting their renewal application on 9/15/2008, violating Section 408.806(1), Florida Statutes (2008), Section 400.474(1)&(2)(e), Florida Statutes (2008), Section 400.462(14)&(22), Florida Statutes (2008), and Rule 59A-8.008(4), Florida Administrative Code. Petitioner’s application is withdrawn from further review. CONCLUSIONS OF LAW 1. Petitioner is a home health agency over which the Agency has jurisdiction pursuant to the provisions of Chapters 400, Part II], and 408, Part II, Florida Statutes (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 400.474(1)&(2)(e), Florida Statutes (2008), Section 400.462(14)&(22), Florida Statutes (2008), and Rule 59A-8.008(4), 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 cH day of Lp , 2009, in Tallahassee, Leon County, Florida. Holly Bensgn, Secretary Agency forHealth 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: Christopher A. Parrella, JD, CHC, CPC | Lourdes A. Naranjo, Esq. The Health Law Offices of Assistant General Counsel Anthony C. Vitale, P.A. Agency for Health Care. 2333 Brickell Avenue Administration Suite A-1 8350 N. W. 52 Terrace — Suite 103 Miami, Florida 33129 Miami, Florida 33166 (U. S. Mail) (Interoffice Mail) Jan Mills John G. Van Laningham Agency for Health Care ; Administrative Law Judge Administration Division of Administrative hearing 2727 Mahan Drive, Bldg #3, MS #3 1230 Apalachee Parkway Tallahassee, Florida 32308 Tallahassee, Florida 32399 (interoffice Mail) (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 PE. on Ge method designated, on this the <> _ day of Richard J. Shoop Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308 (850) 922-5873 HEALTH CARE ADMINISTRATION: CRARLIE CRIST RONDE AGENCY FOR HEAT A " HOLLY BENSON GOVERNOR "Certified Article Number SECRETARY October 23, 2008 7160 3901 9848 1043 1722 cETURNRECEPT REQUESTED mm. SENDERS. RECORD Yemile Vera a On-Site Home Health Care Comp. License Number: 299992613 6858 W Flagler St Miams, F) 33144 Case #: 2003012040 NOTICE OF INTENT TO DEEM APPLICATION INCOMPLETE AND WITHDRAWN FROM FURTHER REVIEW Your application for license is deemed incomplete and withdrawn from further consideration pursuant to Section 408.806(3)(b), Florida Statutes, which states that “Requested information omitted from an apphcation for licensure, license renewal, or change of ownership, other than an inspection, must be fuled with the agency within 21 days after the agency’s tequest for omitted information or the application shall be deemed incomplete and shall be withdrawn from further consideration and the fees shall be forfcited”’. You were notified by correspondence datod October 9, 2008 to provide further information addressing identified apparent errors or omissions within twenty-one days from the receipt of the Agency's correspondence. Our records indicate you received this correspondence by certified mail on October 14, 2008. As this requested information was not timely received by the Agency, your application is deemed tacomplete and withdrawn from further consideration. The outstanding issues remaining for licensure are: I. The applicant for renewal of their home health agency license did not serve any patients in a 12 month period prior to submitting their renewal application on 9/15/2008, ‘The pertinent statutes and rules that apply include the following: Section 408.806 (1) Florida Statues (F.S.), “An application for licensure mst be made to the agency on forms furnished by the agency, submitted under oath, and accompanied by the appropriate fee in order to be accepted and considered timely. The application must contain information requircd by authorizing statutes and applicable rules...” Section 400.474 (1) & (2) (e), F.S., “Administrative penalties -- (1) The agency may deny, revoke, and suspend a license and impose an administrative fine in the manner provided in chapter 120. (2) Any of the following actions by a home health agency or its employee is grounds for disciplinary action by the agency. : (c) Failing to provide at jeast one service directly to a patient for s period of 60 days.” 2727 Mahan Orlve,MS#3a Vigit AHCA online at Tallahassee, Florida 32308 Kttp //ahea. myflorida.com EXHIBIT —_ a On-Site Home Health Care Cor- Page 2 : October 23, 2008 Section 400,462(8), F.S, (14) and (22), F.S. "Home health agency" means an organization that provides home health services and staffing services. : (14) “Home health services" means health and medical services and medical supplies furnished by an organization to an individual in tho individual's home or place of residenee. The term includes organizations that provide one or more of the following: (a) Nursing care. (b) Physical, occupational, respiratory, or speech therapy. (c) Home health aide services (d) Dietetics and nutrition practice and nutrition counseling. (e) Medical supplies, restricted to drugs and biologicals prescribed by a physician. (22) “Organization” means a corporation, government ot governmental subdivision or agency, partnership or association, or apy other legal or commercial entity, any of which involve more than one health care professional disciplinc, a health care prtofossional and a home health aide or certified nursing assistant, more than one home health aide; more than one certified nursing assistant, of a home health aide and a certified nursing assistant. The term does not include an entity that provides services using only volunteers or only individuals related by blood or Marriage to the patient or client.” Section 59A-8.008 (4), Florida Administrative Code (F.A.C.), “The agency's application for licensure shall state explicitly what services will be provided directly by agency employees or by contracted personnel, if services are provided by contract. The home health agency shall provide at least onc service directly to patients.” 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, Flonda Administrative Code (F_A.C), and must state the material facts you dispute. SEE ATTACHED ELECTION AND EXPLANATION OF RIGHTS FORMS, a CLe4 Anse Menard, Manager Home Care Unit ce: Agency Cletk, Mail Stop 3 Legal Intake Unit, Mail Stop 3. USPS - Track & Confirm Page | of 1 UNITED STATES. POSTAL SERVICE 5 Heme | Help | Signin Track & Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 7160 3901 9848 1043 1722 Status: Delivered rack & Confim Enter Label/Receipt Number. Your item was delivered at 11:52 am on October 29, 2008 in MIAMI, FL 33144. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline. {Restore Offfine Details > CZ) Rewura to USPS.com Hamme > ) Site Map Contact Us rms Gov't Services lobs. Privacy Policy Terns of Use National & Premier Account: Copyright® 1999-2007 USPS. All Rights Reserved. Ne FEARActEEO Data FOIA PA ‘ EXHIBIT iL http://trkenfrm 1 .smi.usps.com/PT SInternet Web/InterLabelInquirv.do 01/22/2009 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION RE: On-Site Home Health Care Corp. CASE NO: 2008012040 ELECTION OF RIGHTS This Election of Rights form is attached to a proposed Notice of Intcnt to Deem Incomplete and Withdraw from Further Review of the Agency for Health Care Administration (AHCA). The title may be Notice of Intent to Deem Incomplete and Withdraw from Further Review or some other notice of intended action by AHCA. An Election of Rights must be returned by mail or by fax within 21 days of the da receive the attached Notice of Intent to Dccm Incomplete and Withdraw from Further Review or any other proposed action by AHCA. If an Election of Rights with your selected option is not received by AHCA within twenty- one (21) days from the date you received this notice of proposed action, you will have given up — your right to contest the Agency’s proposed action and a final order will be issucd. "(Please reply using this Election of Rights form unless you, your attorney or your representative prefer to reply according to Chapter 120, Florida Statutes (2006) and Rule 28, Florida Administrative Code.) Please return your ELECTION OF RIGHTS to: Agency for Health Care Administration Attention: Agency Clerk 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 Phone: (850) 922-5873 Fax: (850) 921-0158 OPTION ONE (1) { admit to the allegations of facts and law contained in the Notice of Intent to Deem Incomplete and Withdraw from Further Review, or other notice of intended action by AHCA and I waive my right to object and have a hearing. | understand that by giving up my right to a hearing, a final order will be issued that adopts the proposed agency action and imposes the proposed penalty, fine or action. OPTION TWO (2) _ I admit to the allegations of facts contained in the Notice of Intent to Deem Incomplete and Withdraw from Further Review, or other proposed action by AHCA, but I wish to be heard at an informal proceeding (pursuant to Section 120.57(2), Florida Statutes) where ] may submit testimony and written evidence to the Agency to show that the proposed administrative action is too severe or that the fine should be reduced. OPTION THREE (3) _4 I dispute the allegations of fact contained in the Notice of. Intent to Deem Incomplete and Withdraw from Further Review or other proposed action by AHICA, and I request a formal hearing (pursuant to Section 120.57(1), Florida Statutes) before an Administrative Law Judge appointed by the Division of Administrative Hearings. EXHIBIT 2) red PLEASE NOTE: Choosing OPTION THREE (3), by itself, is NOT sufficient to obtain a formal hearing. You also must file a written petition in order to obtain a formal hearing before the Division of Administrative Hearings under Subsection 120.57(1), Florida Statutes. It must be received by the Agency Clerk at the address above within 21 days of reccipt of this proposed administrative action. The request for formal hearing must conform to the requirements of Rule 28- 106.201, Florida Administrative Code, which requires that it contain: }, The name and address of cach agency affected and each agency's file or identification number, if known: 2. Your name, address, and telephone number, and the name, address, and telephone number of your representative or lawyer, if any; 3. An explanation of how your substantial interests will be affected by the Agency's Proposed action; 4. A statement of when and how you reveived notice of the Agemey’s proposed action; 5. A statement of all disputed issues of materia) fact. If there arc hone, you must state that there are none; 6. A concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the Agency's proposed action; 7. A statement of the specific rules or statutes you claim require reversal or modification of the Agency’s proposed action: and 8. A statement of the relief you are secking, stating exactly what action you wish the Agency to take with respect to its proposed action. (Mediation under Section 120.573, Florida Statutes, may be available in this matter if the Agency agrecs.) License type: home health agency License number: 299992613 Licensee Name: On-Site Home Health Care Corp. Contact person: Vere! lo. TCHC,CPC of The Cs Cease Name Title “1 Address; A334 Boekel Aue. Suite. A- Mast - Bole Street and number City Zip Code Telephone No. 205°358- 4S i) Fax NoSS8-Si(4_ Email (optional) J hereby certify that I am duly authorized to submit this Notice of Election of Rights to the Agency for Health Care Administration on behalf of the licensee referred to above. fi N Date: {0-20-08 ex -Sen e0 2009S 4:19PM HP LASERJET FAX STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ON-SITE HOME HEALTH CARE, CORP. CASE NO. 08-5836 PETITIONER, vs. AGENCY FOR HEALTH CARE ADMINISTRATION RESPONDENT, PETITIONER'S NOTICE OF WITHDRAWAL OF PETITION FOR FORMAL HEARING This is a Notice of Withdrawal of Petition for Formal Hearing pursuant to Florida Statute 120.57(1), Florida Administrative Code Chapter 28-5.201. 1. The Petitioner hereby withdraws its previously filed Petition for Formal Hearing and requests that the matter be retumed to the Agency for Health Care Administration for disposition. Respectfully Submitted, Christopher A. Parreila, J.D., CHC, CPC The Health Law Offices of Anthony C. Vitale, P.A. Law Center at Brickell Bay 2333 Brickell Avenue, Suite A-1 Miami, FL 33129 Telephone: (305)358-4500 a (305) 358-5113 By:_\ . Christopher A. Parrella, J.D., CHC, CPC EXHIBIT i -Jan £0 2009 4:19PM HP LASERJET FAX CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded to the following: DOAH Clerk and Lourdes Naranjo, Esq., Agency for Health Care Administration, Spokane Building, Suite 103, 8350 N.W. 537 ST., Miami, FL 33166 this 16” day of January, 2009. » (0A fel Christopher Parrella, J.D., CHC, CPG

Docket for Case No: 08-005836