STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, Case No. 2012000290 vs. ALCA HEALTH DIAGNOSTIC CENTER CORP., Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Agency for Health Care Administration (hereinafter Agency), by and through the undersigned counsel, and files this Administrative Complaint against Respondent, Alca Health Diagnostic Center Corp., (hereinafter Respondent), pursuant to Section 120.569, and 120.57, Florida Statutes, (2011), and alleges: NATURE OF THE ACTION _ This is an action to revoke the health care clinic license of Respondent, pursuant to Sections 408.815(1)(c) and 400.995(1), Florida Statutes, (2011) based upon violation of Section 408.810(4), Florida Statutes (2011), PARTIES 1. ‘The Agency is the regulatory authority responsible for licensure of health care clinics and enforcement of all applicable state statutes and rules governing health care clinics pursuant to the Chapters 408, Part II, and 400, Part X, Florida Statutes (2011), and Chapter 59A- 35, Florida Administrative Code. 2. Respondent was issued health care clinic licensed number 8818 to operate a health care clinic located at 2001 NW 7" Street, Suite 202, Miami, Florida 33125. Filed June 4, 2012 11:16 AM Division of Administrative Hearings 3. Respondent was at all times material hereto a licensed facility under the licensing authority of the Agency, and was required to comply with all applicable rules and statutes, ' COUNT I 4. The Agency re-alleges and incorporates paragraphs one through three as though fully set forth, and further alleges the following. 5. Section 408.810, Florida Statutes (2011), provides in pertinent part: (4) Whenever a licensee discontinues operation of a provider: (a) The licensee must inform the agency not less than 30 days prior to the discontinuance of operation and inform clients of such discontinuance as required by authorizing statutes. Immediately upon discontinuance of operation by a provider, the licensee shall surrender the license to the agency and the license shall be canceled. (b) The licensee shall remain responsible for retaining and appropriately distributing all records within the timeframes prescribed in authorizing statutes and applicable rules. In addition, the licensee or, in the event of death or dissolution of a licensee, the estate or agent of the licensee shall: 1. Make arrangements to forward records for each client to one of the following, based upon the client’s choice: the client or the client’s legal representative, the client’s attending physician, or the health care provider where the client currently receives services; or 2. Cause a notice to be published in the newspaper of greatest general circulation in the county in which the provider was located that advises clients of the discontinuance of the provider operation. The notice must inform clients that they may obtain copies of their records and specify the name, address, and telephone number of the person from whom the copies of records may be obtained. The notice must appear at least once a week for 4 consecutive weeks. 6. Section 408.811, Florida Statutes (2011), provides in pertinent part: 408.811 Right of inspection; copies; inspection reports; plan for correction of deficiencies — (1) An authorized officer or employee of the agency may make or cause to be made any inspection or investigation deemed necessary, by the agency to determine the state of compliance with this part, authorizing statutes, and applicable rules. The right of inspection extends to any business that the agency has reason ‘to believe is being operated as a provider without a license, but inspection of any business suspected of being operated without the appropriate license may not be made without the permission of the owner or person in charge unless a warrant is first obtained from a circuit court. Any application for a license issued under this part, authorizing statutes, or applicable rules constitutes permission for an appropriate inspection to verify the information submitted on or in connection with the application. (a) Allinspections shall be unannounced, except as specified in s, 408.806.” Section 408.815(1)(c), Florida Statutes (2011), provides in pertinent part: 408.815 License or application denial; revocation — (1) In addition to the grounds provided in authorizing statutes, grounds that may be used by the agency for denying and revoking a license or change of ownership application include any of the following actions by a controlling interest: (c) A violation of this part, authorizing statutes, or applicable rules. Section 400.995 Florida Statutes (2011), provides in pertinent part: 400.995 Agency administrative penalties. — (1) In addition to the requirements of part II of chapter 408, the agency may deny the application for a license renewal, revoke and suspend the license, and impose administrative fines of up to $5,000 per violation for violations of the requirements of this part or rules of the agency. In determining if a penalty is to be imposed and in fixing the amount of the fine, the agency shall consider the following factors: , (a) The gravity of the violation, including the probability that death or serious physical or emotional harm to a patient will result or has resulted, the severity of the action or potential harm, and the extent to which the provisions of the applicable laws or rules were violated. ; (b) Actions taken by the owner, medical director, or clinic director to correct violations. (c) Any previous violations. (d) The financial benefit to the clinic of committing or continuing the violation. (2) Each day of continuing violation after the date fixed for termination of the violation, as ordered by the agency, constitutes an additional, separate, and distinct violation. 9. On November 30, 2011, the Office of the Inspector General of the Agency attempted an on-site investigation at the address shown on the license. 10. The Agency investigator observed that the facility was closed and appeared to be no longer in business, The Agency received no notice of the closure, as required by statute, and there is no indication that the facility complied in any manner with other statutory requirements attendant to closing the facility. WHEREFORE, the Agency intends to revoke Respondent's license to operate a health care clinic in the State of Florida, pursuant to Sections 408.810, 408.811, 408.815 and 400.995, Florida Statutes (2011). CLAIM FOR RELIEF WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, respectfully requests the Court to grant the following relief: A. Enter findings of fact and conclusions of law in favor of the Agency as set forth in the complaint, specifically sustaining the sanctions sought to be imposed hereby. “eign B. Order any other relief deemed appropriate. RESPECTFULLY SUBMITTED this le day of vary, 2012. food wat Office of the General Counsel Agency for Health Care Administration 2727 Mahan Drive, MS-3 Tallahassee, FL 32308 Telephone 850-412-3630 Facsimile 850-921-0158 NOTICE The Respondent is notified that it has the right to request an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. If the Respondent wants to hire an attorney, it/he/she has the right to be represented by an attorney in this matter. Specific options. for administrative action are set out in the attached Election of Rights form. The Respondent is further notified if the Election of Rights form is not received by the Agency for Health Care Administration within twenty-one (21) days of the receipt. of this Administrative Complaint, a final order will be entered. The Election of Rights form shall be made to the Agency for Health Care Administration and. delivered to: Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Mail Stop 3, Tallahassee, FL 32308; Telephone (850) 922-5873. CERTIFICATE OF SERVICE I HEREBY. CERTIFY that a true and correct copy of the Administrative Complaint and Election of Rights form were served to: Fernando Caula, REGISTERED AGENT and President, Alca Health Diagnostic Center Corp., 2001 NW 7” Street, Suite 202, Miami Florida 33125 and , by U.S. Certified Mail, Return Receipt No. 7004 1160 0003 3739 4370, this day of Febroatty, 2012. hoa A Copies furnished to: Fernando Caula REGISTERED AGENT and President Alca Health Diagnostic Center Corp.. 2001 NW 7" Street, Suite 202 Miami Florida 33125 (U.S. Certified Mail) Warren J. Bird, Esquire Assistant General Counsel Office of the General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (nteroffice) Roger Bell! Unit Manager Health Care Clinic Unit Agency for Health Care Administration 2727 Mahan Drive MS-53 Tallahassee, FL 32308 (Interoffice) sa" STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION Re: Alca Health Diagnostic Center Corp. AHCA No. 2012000290 ELECTION OF RIGHTS This Election of Rights form is attached to a proposed agency 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 may be returned by mail or by facsimile transmission, but must be filed within 21 days of the day you receive the attached Notice of Intent to Impose a Late Fee, Notice of Intent to Impose a Late Fine or Administrative Complaint. If your Election of Rights with your selected option is not received by AHICA within 21 days of the day you received this proposed agency action by AHCA, you will have given up your right to contest the 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 Chapter 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, Telephone: 850-412-3630 Facsimile: 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 Notice of Intent to Impose a Late Fee, Notice of Intent to Impose a Late Fine, or 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) ____T admit to the allegations of facts contained in the Notice of Intent to Impose a Late Fee, Notice of Intent to Impose a Late Fine, or 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) T dispute the allegations. of fact contained in the Notice of Intent to. Impose a Late Fee, Notice of Intent to. Impose a Late Fine, or Administrative Complaint, 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. 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 agency action. The request for formal hearing must conform to the requirements of Rule 28-106.2015, Florida Administrative Code, which requires that it contain: !. 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: Number and Street City Zip Code Telephone No. Fax No. E-Mail I hereby certify that I am duly authorized to submit this Election of Rights to the Agency for Health Care Administration on behalf of the licensee referred to above. Signed: Date: Print Name: ydiscey Lunjey ORseLIOg yoog Aeniged ‘L LQES WHOA Sd “ETE AROT DOOO get oto, Ne ED aysoveoiCT _ YY OPSL-W-20-sesz0t —_—— sA {oeg Bip). LAeayed Pease “y ‘TOO |W pansy Fy . eeipueyouey Jos discoey WiNkeH L} pasesiBey [J IW ssaidig [] IP. 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Docket for Case No: 12-001983