STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, AHCA No.: 2009007294 v. Return Receipt Requested: 7008 0500 0002 0764 6311 PATIENT’S CHOICE HOME HEALTH CARE 7008 0500 0002 0764 6328 INC. d/b/a PATIENT’S CHOICE HOME HEALTH CARE INC., Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Agency for Health Care Administration (“AHCA”), by and through the undersigned counsel, and files this administrative complaint against Patient’s Choice Home Health Care, Inc. d/b/a Patient’s Choice Home Health Care, Inc. (hereinafter “Patient’s Choice Home Health Care 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 $1,000.00 pursuant to Section 400.484, Florida Statutes (2008), for the protection of the public health, safety and welfare. JURISDICTION AND VENUE 2. AHCA has jurisdiction pursuant to Chapter 400, Part III, Florida Statutes (2008). 3. Venue lies pursuant to Rule 28-106.207, Florida Administrative Code. Filed August 17, 2009 2:34 PM Division of Administrative Hearings. 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 III, Florida Statutes, and Chapter 59A-8 Florida Administrative Code. 5. Patient’s Choice Home Health Care Inc. operates a home health agency located at 00890 SW gt Street, Suite 302, Miami, Florida 33184. Patient’s Choice Home Health Care Inc. is licensed as a home health agency under license number 299992327, with an expiration date of January 29, 2010. Patient’s Choice Home Health Care Inc. was at all times material hereto a licensed home health ‘agency under the licensing authority of AHCA and was required to comply with all applicable rules and statutes. COUNT I PATIENT’ S CHOICE HOME HEALTH CARE INC. FAILED TO PROVIDE AT LEAST ONE SERVICE DIRECTLY TO PATIENTS THROUGH AGENCY EMPLOYEE Section 400.474, Florida Statutes, and/or Rules 59A~8.008(4), and 59A-8.002(31), Florida Administrative Code (DIRECT SERVICES) UNCLASSIFIED DEFICIENCY 6. AHCA re-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 7. During a State Licensure renewal survey conducted from 4/28/09 to 4/30/09 and based on interview and record review, it was determined that the facility failed to provide one service directly to patients through agency employees. 8. Personnel files were reviewed on 4/28/09 of 2 CNA's, 1 HHA, 1 LPN, 2 RN's, 1 PT and 1 PTA. All the files reviewed revealed that the employees were independent contractors with W9's. 9. The Administrator was interviewed on 4/29/09 and revealed that the agency did not provide one service in its entirety as direct employees. The Administrator completed the Home Health Agency Survey and Deficiencies Report on 4/30/09. This form shows that all services are contracted or a mixture of contracted with direct employees. 10. The Administrator and VP of the agency were shown these findings on 4/30/09. 11. Based on the foregoing facts, Patient’ s Choice Home Health Care Inc. violated Section 400.474, Florida Statutes, and/or Rule 59A-8.008(4), Florida Administrative Code, herein a deficiency, which carries in this case an assessed fine of $1,000.00 as per Section 400.474, Florida Statutes (2008). 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 Patient’s Choice Home Health Care Inc. on Count I. 2. Assess against Patient’s Choice Home Health Care Inc. “an administrative fine of $1,000.00 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. Ik YOU WANT TO HIRE AN ATTORNEY, YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY IN THIS MATTER Agency for Health Care Administration 8355 N.W. 52 Terrace - #103 Miami, Florida 33166 4 Copies furnished to: Field Office Manager Agency for Health Care Administration 8355 NW 53° Street, First Floor Miami, Florida 33166 (Interoffice Mail) Revenue and Management Finance and Accounting Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #14 Tallahassee, Florida 32308 (Interoffice Mail) Home Health Agency Unit Program Agency for Health Care Administration 2727 Mahan Drive, MS #34 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 Suzette Sanchez-Suarez, Administrator, Patient’s Choice Home Health Care, 11890 sw 8% Street, Suite 302, Miami, Florida 33184, and to Jonathan Green, Registered oo Agent, 799 Brickell Plaza, #700, Miami, Florida 33131 on 3° day AME LR of , 2009, STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION RE: Patient’s Choice Home Health Care, Inc. CASE NO: 2009007294 d/b/a Patient’s Choice Home Health Care, Inc. : ELECTION OF RIGHTS This Election of Rights form is attached to a proposed action by the Agency for Health Care Administration (AHCA). The title may be Notice of Intent to Impose a Late Fee, Notice of Intent to Impose a Late Fine or Administrative Complaint. Your Election of Rights must be returned by mail or by fax within 21 days of the day you receive the attached Administrative Complaint. If your 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 by AHCA, you will have given up your right to contest the Agency’s proposed action and a final order will be issued. (Please use this form unless you, your attorney or your representative prefer to reply according to Chapter120, Florida Statutes (2006) and Rule 28, Florida Administrative Code.) PLEASE RETURN YOUR ELECTION OF RIGHTS TO THIS ADDRESS: 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. PLEASE SELECT ONLY 1 OF THESE 3 OPTIONS OPTION ONE (1) I admit to the allegations of facts and law contained in the Administrative Complaint and I waive my right to object and to have a hearing. I 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 penalty, fine or action. OPTION TWO (2) 1 admit to the allegations of facts contained in the Administrative Complaint, but I wish to be heard at an informal proceeding (pursuant to Section 120.57(2), Florida Statutes) where I 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) I dispute the allegations of fact contained in the Administrative Complaint, and I request a formal hearing (pursuant to Subsection 120.57(1), Florida Statutes) before an Administrative Law Judge appointed by the Division of Administrative Hearings. 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 Section 120.57(1), Florida Statutes. It must be received by the Agency Clerk at the address above within 21 days of your receipt of this proposed administrative action. The request for formal hearing must conform to the requirements of Rule 28- 106.2015, Florida Administrative Code, which requires that it contain: 1. Your name, address, and telephone number, and the name, address, and telephone number of your representative or lawyer, if any. , 2. The file number of the proposed action. 3. A statement of when you received notice of the Agency’s proposed action. 4. A statement of all disputed issues of material fact. If there are none, you must state that there are none. Mediation under Section 120.573, Florida Statutes, may be available in this matter if the Agency agrees, License type: (ALF? nursing home? medical equipment? Other type?) Licensee Name: License number: Contact person: Name Title Address: Street and number City Zip Code Telephone No. Fax No. Email(optional) Thereby 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. Signed: Date: Print Name: Title: Late fee/fine/AC SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ™@ Complete Items 1, 2, and 3, Also complete A, Signature ; a Item 4 if Restricted Delivery Is desired. eo > ce) _ Cl Agent - : ® Print your name and address on the reverse : X. (3 Addressee so that we can return the card to you. B. ReceNed by (Printed Name) C. Date pf Delery B Attach this card to the back of the mailpiece, i) is q or on the front If space permits. Ly D. Is delivery address differant from item 1? Cl Yes If YES, enter delivery address below: FNo 1. Article Addressed to; ageBle anche - she ae petial 5 Ae noe erm Catea Het § Mawt £9 °% Mani, FL 3318 Y 3. Service Type [Certified Mail 1 Express Mall C1 Registered ft Return Recelpt for Merchandise Ci insured Mall £1 6,0.D, 4. Restricted Delivery? (Extra Fee) 1 Yes Article Number 3008 O500 OOf2 o7b4 &3l1 (Transfer from service fai. _., . ee oe 402695-02-M-1640 Form 3811, February 2004 © Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY, SENDER: COMPLETE THIS SECTION m@ 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: GB Drchile fe Lage # 700 Ctheanee, FL 3219) C,_Daje of Delivery -“Recelved by (. BC My (? Miah Dis delivery address different from Itend 1 If YES, enter delivery address below: . Service Type tified Mail [J] Express Mail (1 Registered [E-Réturn Recelpt for Merchandise Ol insured Mall 1 C.0.D. . Restricted Delivery? (Extra Fee) 2, Aticle Number 2008 0500 oo02 o7b4 Kaze TI Yes (Transfer from service tauwy - Pick aoe i PS Form 3811, February 2004 Domestic Return Recelpt woes 102595-02-M-1540 +

Docket for Case No: 09-004344