STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, AHCA No.: 2009010060 Return Receipt Requested: v. 7002 2410 0001 4236 4378 7002 2410 0001 4236 4385 QUALITY PROFESSIONAL HEALTH CARE, 7002 2410 0001 4236 4392 INC. d/b/a QUALITY PROFESSIONAL HEALTH CARE, 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 Quality Professional Health Care, Inc. d/b/a Quality Professional Health Care, Inc. (hereinafter “Quality Professional 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 revoke the home health agency license [License No.: 299992126] and to impose an administrative fine of $1,000.00 pursuant to Section 400.474, Florida Statutes Filed November 17, 2009 11:02 AM Division of Administrative Hearings. and Rule 59A-8.0086, Florida Administrative Code, 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 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 TIL, Florida Statutes (2008), and Chapter 59A-8 Florida Administrative Code. 5. Quality Professional Health Care, Inc. operates a home health agency located at 10300 Sunset Drive, Suite 157, Miami, Florida 33173. Quality Professional Health Care, Inc. is licensed as a home health agency under license number 299992126. Quality Professional Health Care, 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 QUALITY PROFESSIONAL HEALTH CARE, INC. FAILED TO PROVIDE AT LEAST ONE SERVICE DIRECTLY TO PATIENT FOR A PERIOD LONGER THAN 60 DAYS. SECTION 400.474, FLORIDA STATUTES | RULES 59A-8.008(4) and 59A-8.0086(1) (d), FLORIDA ADMINISTRATIVE : CODE. (OPERATIONAL STANDARDS) UNCLASSIFIED 6. AHCA re-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 7. Quality Professional Health Care, Inc. was cited with two (2) unclassified deficiencies as a result of a licensure survey conducted on July 23, 2009. 8. A licensure survey was conducted on July 23, 2009. Based on record review and interview, it was determined that the home health agency failed to provide at least one service directly to patients for a period longer than 60 days. The findings include the following. 9. Interview with the Administrator on 07/20/09 at 01:50pm revealed that the home health agency issues a W-2 on behalf of the office employees, the Director of Nursing and the Social Worker, all the home health aides, nurses and therapists are independent contractors with a W-9 form in their employee files and responsible for paying their own taxes. 10. He/she stated that the social worker was the agency's direct service. The Administrator had to consult with the accountant to be able to provide such information. 11. Personnel record review of 7 of 10 sample employees (#1, #3, #5, #6, #7, #8, and #9), 2 home health aides, 2 physical therapists, 1 physical therapist assistant, 1 licensed practical nurse and 1 registered nurse revealed evident documentation of W-9 and Tax Exempt Forms. One of the physical therapists (#9) was also an occupational therapist. Sample employees #2, #4 and #10 were the director of nursing, the master social worker (MSW) and the administrator. 12. Review of the Caregiver Activity Tracking Report from 01/01/08 through 07/20/09 for sample employee #4, the MSW, revealed only 2 visits, one on 11/05/08 and another on 10/28/08. The MSW had not seen any patients for more than 7 months. 13. Interview with the Administrator on 07/20/09 confirmed that the MSW had only performed those 2 visits. 14. Interview with the DON in the presence of the Administrator on 07/21/09 at 09:50am revealed that the agency kept only one active patient receiving unskilled services only since CMS suspended payments back in December 2008. All other patients were discharged and transferred to another agency. The DON stated that the agency has not provided skilled services since December 2008 and the Administrator confirmed. 15. Interview with the Administrator. on 07/23/09 at 01:10pm to provide a copy of the last agency payroll involving the only active patient the HHA maintained revealed no evidence of payroll record. Upon exit conference at 02:45pm such documentation was still missing. At this point, the Administrator stated that payroll was going to be faxed that same day to surveyor. 16. On 07/30/09, surveyor still did not have a copy of the requested payroll. There was no evidence that the HHA provided at least one service directly to patients for a period of no longer than 60 days. 17. Based on the foregoing facts, Quality Professional Health Care, Inc. violated Section 400.474, Florida Statutes and Rules 59A-8.00(8) (4) and 59A-8.0086(1(d), Florida Administrative Code, herein classified as an unclassified deficiency, which warrants the revocation of the home health agency license [License No.: 299992126]. COUNT II QUALITY PROFESSIONAL HEALTH CARE, INC. FAILED TO ENSURE THAT PATIENT CARE FOLLOWS A WRITTEN PLAN OF CARE. SECTION 400.487(5) (c), FLORIDA STATUTES SECTION 400.462(9), FLORIDA STATUTES RULE 59A-8.00086(1), FLORIDA ADMINISTRATIVE CODE. (RESPONSIBILITY OVER CONTRACTORS STANDARDS) UNCLASSIFIED DEFICIENCY 18. AHCA re~alleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 19. A licensure survey was conducted on July 23, 2009. Based on record review and interview, it was determined that the facility failed to provide the initial admission visit, all service evaluation visits, and the discharge visit by a direct employee when nursing services were ordered for all 16 sampled patients. The findings include the following. 20. Interview with the Administrator on 07/20/09 at 01:50pm revealed that the home health agency issués a W-2 on behalf of the office employees, the Director of Nursing and the Social Worker, all the home health aides, nurses and therapists are independent contractors with a W-9 form in their employee files and responsible for paying their own taxes. He/she stated that the social worker was the agency's direct service. The Administrator had to consult with the accountant to be able to provide such information. 21. The Administrator and the DON confirmed during interview on 07/21/09 that the registered nurses that did the initial admission visits, all service evaluation visits, and discharge visits for the 16 sample patients reviewed were not direct employees of the agency. 22. Based on the foregoing facts, Quality Professional Health Care, Inc. violated Section 400.487(5), Florida Statutes, Section 400.462(9), Florida Statutes, and Rule 59A-8.0086(1) (c), Florida Administrative Code, herein classified as an unclassified deficiency, which warrants an assessed fine of $1,000.00. 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 Quality Professional Health Care, Inc. on, Counts I and II. 2. Revoke _the home health agency license [License No.: 299992126] and assess against Quality Professional Health Care, Inc. an administrative fine of $1,000.00 on Counts I and II for violations cited above. 3. Assess costs related to the investigation and prosecution of this matter, iff applicable. 4. Grant such other relief as the court deems is just and proper on Counts I and II. 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 Alba M. th Badu ned Fla. Bar No.: 0880175 Assistant General Counsel Agency for Health Care Administration 8350 N.W. 52 Terrace - #103 Miami, Copies furnished to: R. Steve Emling Field Office Manager Agency for Health Care Administration 8355 N. W. 53 Street Miami, Florida 33166 (Interoffice Mail) Finance and Accounting Agency for Health 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) Florida 33166 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 Administrator, Quality Professional Health Care, Inc., 10300 Sunset Drive, Suite 157, Miami,’ Florida 33173; Quality Professional Health Care, Inc., 2121 Ponce de Leon Blvd., Suite 1050, Coral Gables, Florida 33134; Consulting Services of South Florida, Registered Agent, 2121 Ponce de Leon Blvd., Suite 1050, Coral Gables, Florida 33134 on this 13% day of October, 2009. Oteor ~1. wa Alba M. Rodriguez, Esq COMPLETE THIS SECTION ON ‘SENDER: COMPLETE THIS SECTION - DELIVERY B Complete ttems 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, M Attach this card to the back of the mailpiece, or on the front if space permits. | 1. Article Addressed to: Cdn Fe nae lauds Phadensancell Meets Con lado unas’ Due - 184 Hiccme . Fillets 33179 Agent Addressee C. Data of Delivery tant ttem 1? [Yes If YES, entor delivery address below: CI No ‘ Certified Fea Return Rectept Fea (Endorsemant Required) Restricted Delivery Fea (Endorsement Required) 3. Service Type 5 O Certified Mail 2) Express Mal C1] Registered O Return Rece pt for Merchandise C1 Insured Mall ~= 21.0.0. 4. Restricted Delivery? (Extra Fee) CAUTION Obed PS Form 3811, February 2004. Domestic Return Recelpt ‘Al nun Can per 102595-02-M-1540 j Total Postage & Faeo ?O0e 2440 O002 4236 4378 Drie tal mestricted Welivery Is desired, @ Print your name and address on the reverse O Agent un } _ so that we can return the Card to wed Adresse co ® Attach this card t yal . i =a fo the back of the mail iece, i; 4 pSpDa YD Ny m Or on the front If space permits, m id CUES ay D 2! ” _ D, doiivery address differént from fam 1? 1 Yes a Hf YES, enter delivery address below; [No a+ pa Cortitled Fee a oa Raturn Rectept Fee {Endorsement Required) 3. Service Type 3 Ea a Deter ny ; O Certifted Mall Express Malt a 1 Registered C) Return Recelpt for Merchandise MU rata Postage & Fees C1 insured Mali =. G.0.0, ru - 7002 * ™astricted Delivery? (Extra Fee) : ype Abe 2440 0001 4234 y3as = rn J Domestic Return Receipt fi ne : \ 1 -02-M-' t o - _ DluA ey 02595-02-M-1840 | SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY. @ Complete items 1, 2, and 3. Aliso complete ignature Item 4 if Restricted Delivery Is desired. ™ Print your name and address on the reverse 80 that we can return the card to you. ™ Attach this card to the back of the mailplece, or on the front if space permits. : © i (F ] GC A [L. 1 Anicio Adcrossed to / Conautseny Sormtcon G+, ete FQensite, 424 Porerda dum Rdedd th iyo Contd teas. Ederide 3334 0 Agent C1 Addressee Receive 2 arin 1@) C. Rate pf Dpll an, Line al i eal m iter D. Is delivery address different fr 17 D Yes If YES, enter delivery address below! [J No Postage | $ Centifled Fae Return Reclept Fea (Endorsement Required) 3. Service Typa OO Certified Mat (1 Express Mail D Registered O Return Recelpt'for Merchandise C1 Insured Mall = 6.0.0. 70 oe ay 10 ood 1 4a aL 4 ©estrictad Delivery? (Extra Fee) CO Yes . _Aestasean.tsp. Sas 2. Article Number a ae 20, Faetbo ; ~ Pence. fs, Aeson {Transfer from service label) Ae F 6 ,, i 2 PS Form 3811, February2004 Domestic Return Recelpt Gdn Con ey 102695-02-M-1840 Restricted Delivery Fea (Endorsement Required) Total Postage & Feas 7002 2440 GO0L 4236 43452

Docket for Case No: 09-006343