O4-1330 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, AHCA No.: 2008014013” Return Receipt Requested: v. 7002 2410 0001 4236 2220 : 7002 2410 0001 4236 2237 VISTA HOME HEALTH SERVICES INC. d/b/a VISTA HOME HEALTH SERVICES INC., Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the State of Florida, Agency for Health Care Administration (‘“AHCA”), by and through the undersigned counsel, and files this administrative complaint against Vista Home Health Services Inc. d/b/a Vista Home Health Services Inc. (hereinafter “Vista Home Health Services Inc.”), pursuant to Chapter 400, Part III, and Section 120.60, Florida Statutes (2008), and herein alleges: NATURE OF THE ACTION 1. This is an action to impose an administrative fine of $6,000.00 pursuant to Section 400.476 (2)(b), Florida Statutes (2008), and Section 400.484, Florida Statutes (2008), for the protection of public health, safety and welfare. JURISDICTION AND VENUE 2. AHCA has jurisdiction pursuant to Chapter 400, Part III, Florida Statutes (2008). 3. Venue lies in Miami-Dade County pursuant to Rule 28.106.207, Florida Administrative Code. PARTIES 4. AHCA is the regulatory authority responsible for licensure and enforcement of all applicable statutes and rules governing home health agencies, pursuant to Chapter 400, Part ITI, Florida Statutes (2008), and Chapter 59A-8, Florida Administrative Code. 5. Vista Home Health Services Inc. operates a home health agency located at 13255 S. W. 137 Avenue, Suite 214, Miami, Florida 33186. Vista Home Health Services Inc. is licensed as a home health agency under license number 299992930. Vista Home Health Services Inc. was at all times material hereto a licensed facility under the licensing authority of AHCA and was required to comply with all applicable rules and statutes. COUNT I VISTA HOME HEALTH SERVICES INC. OPERATED FOR MORE THAN THIRTY (30) DAYS WITHOUT A DIRECTOR OF NURSING (DON) AND FAILED TO NOTIFY AHCA OF THE TERMINATION OF THE SERVICES OF THE DON. SECTION 400.476(2) (b), FLORIDA STATUTES CLASS II 6. AHCA sre-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 7. Marilyn Napoles Cuesta, Respondent’s former Director of Nursing (DON), resigned her position effective October 1, 2008. By letter dated October 16, 2008, AHCA requested that Vista Home Health Services Inc. select a new DON and submit the resume to AHCA. 8. Vista Home Health Services Inc. failed to respond to AHCA’s request and failed to notify AHCA of Cuesta’s resignation. A home health agency must notify AHCA within ten (10) business days after termination of the services of the DON pursuant to Section 400.476(2) (b), Florida Statutes (2008). 9. Vista Home Health Services Inc. has operated without a DON for more than thirty (30) days. 10. Based on the foregoing facts, Vista Home Health Services Inc. violated Section 400.476(2) (ob), Florida Statutes (2008), herein classified as a Class II violation, which warrants an assessed fine of $5,000.00, for operating a home health agency for more than thirty (30) days without a DON. 11. In addition to the $5,000.00 fine, AHCA is imposing a $1,000.00 fine for Respondent’s failure to notify AHCA within ten (10) business days after the termination of the services of the bon as required under Section 400.476(2) (b), Florida Statutes (2008). Marilyn Napoles Cuesta, the former DON, resigned her position effective October 1, 2008. Respondent failed to notify AHCA of Cuesta’s resignation. This is Respondent’s first violation, and therefore a $1,000.00 fine is being imposed. CLAIM FOR RELIEF WHEREFORE, the Agency requests the Court to order the following relief: 1. Enter a judgment in favor of the Agency for Health Care Administration against Vista Home Health Services Inc. on Count I. 2. Assess against Vista Home Health Services Inc. an administrative fine of $6,000.00 on Count I for the violation cited above. 3. Assess costs related to the investigation and prosecution of this matter, if applicable. 4. Grant such other relief as the court deems is just and proper on Count I. Respondent is notified that it has a right to request an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. Specific options for administrative action are set out in the attached Election of Rights. All requests for hearing shall be made to the Agency for Health Care Administration and delivered to the Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, MS #3, Tallahassee, Florida 32308. RESPONDENT IS FURTHER NOTIFIED THAT THE FAILURE TO RECEIVE A REQUEST FOR A HEARING WITHIN TWENTY-ONE (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 Es Lourdes A. Naranjo, Fla. Bar No.: 997315 Assistant General Counsel Agency for Health Care Administration 8350 N.W. 52 Terrace -— #103 Miami, Florida 33166 Copies furnished to: R. Steve Emling Field Office Manager Agency for Health Care Administration 8355 N. W. 53°? Street Miami, Florida 33166 (U.S. Mail) Finance and Accounting Agency for Heaith Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice Mail) Home Health Agency 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 Susan Chi, Administrator, Vista Home Health Services Inc., 13255 S. W. 137 Avenue, Suite 214, Miami, Florida 33186;- Yiral C. Cardona, Registered Agent, 15400 S. W. 57™ Terrace, Miami, Florida 33193 on this ZS 7 day of Te. , 2009. Claw neye (Linces bl Esq. COMPLETE THiS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION ™ Complete items 1, 2, and 3. Aliso complete ee item 4 if Restricted Delivery is desired. - = al 7 te eo Print your name and address on the reverse _ “so that we can return the card to you. Postage | $ ™ Attach this card to the back of the mailpiece, or on‘the front if space permits. US eS B, Regeived by ( Printed Name) SCH! D. is delivery address different from item 12 ©) Yes if YES, enter delivery address below: C1 No Cartiied Fee . 1, Article Addressed to: Suoans Chi Total Postage & Fees | $ : 95 Sw \AbGrenie- Aa4 Minne. Flmidis AIR {Return Reciept Fee ndersement Required) Restricted Delivery Fee {Endorsement Required) 3. Service Type C1 Certified Mail C1) Express Mail TI Registered T Return Receipt for Merchandise 0D Insured Mail 1 C.0.D. 4. Restricted Delivery? (Extra Fea) O Yes 2pbh0 403 7002 2410 DO0L 4¥23b ceed 7002 2410 DOOL 4e3b 2eco (Transfer from service label) : PS Form 3811, February 2004 Domestic Return Receipt (Lum Com pte, 102595-02-M-1540 PS Forni 4800; dune

Docket for Case No: 09-001230