STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, vs. AHCA No. 2012008752 FLORIDA PREFERRED HOME CARE INC., Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, State of Florida, Agency for Health Care Administration (“the Agency”), by and through its undersigned counsel, and files this. Administrative Complaint against the Respondent (“the Respondent”), pursuant to Sections 120.569 and 120.57, Florida Statutes, and alleges as follows: NATURE OF THE ACTION This is an action to revoke the Respondent’s home health agency license. THE PARTIES 1. The Agency is the licensure and regulatory authority that oversees home health agencies in Florida and enforces the applicable federal regulations and state statutes and rules governing home health agencies. Chs. 400, Part IMI, and 408, Part II, Fla. Stat.; Ch. S9A-8, Fla. Admin. Code. The Agency is authorized to deny, revoke, or suspend a license, and impose an administrative fine, for violations as provided in Sections 400.474 and 400.484, 408.813 and 408.815, Florida Statutes, and Rule 59A-8.003, Florida Administrative Code. 2. The Respondent was issued a license by the Agency (License No. 299993422) to operate a home health agency located at 175 Fontainebleau Blvd., Suite 1-E, Miami, Florida Filed December 18, 2012 12:57 PM Division of Administrative Hearings 33172. § 400.464(1), Fla. Stat. As the holder of the license, the Respondent is a licensee. “Licensee” means “an individual, corporation, partnership, firm, association, or governmental entity, that is issued a permit, registration, certificate, or license by the Agency.” § 408.803(9), Fla. Stat.. “The licensee is legally responsible for all aspects of the provider operation.” § 408.803(9), Fla. Stat. COUNT I The Respondent Failed to Maintain Accreditation in Order to Maintain Licensure In Violation Of F.S. 400.471(2)(h) 3. Under Florida law, in addition to the requirements of Chapter 408, Part II, Florida Statutes, the initial applicant must file with the application satisfactory proof that the home health agency is in compliance with this part and applicable rules, including: ... in the case of an application for initial licensure, documentation of accreditation, or an application for accreditation, from an accrediting organization that is recognized by the Agency as having standards comparable to those required by Chapter 400, Part III, Chapter 408, Part II, Florida Statutes. Notwithstanding Section 408.806, Florida Statutes, an applicant that has applied for accreditation must provide proof of accreditation that is not conditional or provisional within 120 days after the date of the Agency's receipt of the application for licensure or the application shall be withdrawn from further consideration. Such accreditation must be maintained by the home health agency to maintain licensure. The Agency shall accept, in lieu of its own periodic licensure survey, the submission of the survey of an accrediting organization that is recognized by the Agency if the accreditation of the licensed home health agency is not provisional and if the licensed home health agency authorizes releases of, and the agency receives the report of, the accrediting organization. § 400.471(2)(h), Fla. Stat. (emphasis supplied). 4, The Respondent submitted to the Agency an initial application for licensure as a home health agency. 5. As part of the licensure process, the Respondent sought accreditation from an accrediting organization recognized by the Agency as having standards comparable to those required by Chapter 400, Part III, and Chapter 408, Part II, Florida Statutes. 6. The Respondent submitted to the Agency proof of accreditation from, the accrediting organization. 7. The Agency issued the Respondent a license to operate a home health agency. 8. The Agency subsequently received notification from the accrediting organization that the Respondent withdrew its accreditation effective July 24, 2012. 9. The Respondent has not submitted to the Agency any documentation of proof of accreditation from any accrediting orgariization. Sanction 10. | Under Florida law, the Agency may deny, revoke, and suspend a license and impose an administrative fine in the manner provided in Chapter 120, Florida Statutes. § 400.474(1), Fla. Stat. Under Florida law, any of the following actions by a home health agency or its employee is grounds for disciplinary action by the Agency: Violation of this part, part II of chapter 408, or of applicable rules. § 400.474(2)(a), Fla. Stat. 11. Under Florida law, 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: ... A violation of this part, authorizing statutes, or applicable rules. § 408.815(1)(c), Fla. Stat. WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, seeks the revocation of the Respondent’s home health agency license. Respectfully submitted on this il day of Septembe <7, 2012. anon vy, Douglas JA.omonico, Assistant General Counsel Florida Bar No. 92844 Office of the General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 Telephone (850) 412-3630 Facsimile (850) 921-0158 NOTICE The Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, and to be represented by counsel or other qualified representative. Specific options for the administrative action are set out within 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) 412-3630. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Administrative Complaint and Election of Rights Form were served to the individuals named below by the method designated on this ith day of Seplembec , 2012, Gee, fp onan Assistant General Counsel Florida Bar No. 92844 Office of the General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 Telephone: (850) 412-3630 Copies: Administrator Florida Preferred Home Care, Inc. 175 Fontainebleau Blvd., Suite 1-E Miami, Florida 33172 (Certified Mail -7008 3230 0003 5048 4100) SENDER: COMPLETE THIS SECTION ! mw Complete items 1, 2; and 3; Also complete / item 4 If Restricted Delivery Is destred, | mw Print your name and address on the reverse 1. go that we can return the card to you. | wm Attach this card to the back of the mailplece, ‘or on the front If space permits. COMPLETE THIS SECTION ON DELIVERY A, Signature x Bn Wy B. Received by (Printed Name) 1 Agent 1 Addressee CG. Date of Delivery : 1, Article Addressed to: i Administrator Florida Preferred Home Careviar: - 175 Fontainebleau Bivd., Suite dsE~ Miami, FL 33172 i t : D. Is delivery address differant from item 1? [1 Yes If YES, enter delivery address below:. Ct No 8, Seryiée Type Certitled Mall [1 Express Mall ‘ (2 Registered 1 Return Receipt for Merchandise ( Insured Malt 1 6,0.D. 4, Restricted Delivery? (Extra, Fee) 1 Yes 1 2, Article Number- | (Transfer from service label) PS Form 3811, February 2004 7008 3230 0003 50468 400 © Domestic Return Receipt 102596-02-M-1840 Unitep STATES PosTAL SERVICE ee ese First-Class Mall : va PA ae Postage & Fees Paid Ss Permit No. G-10 ° Sender: Please print your name, address, and ZIP +4 in this box * os Douglass Lomonico : heaity Bala Counsel ane y {8 Health Care Administration 2725 NgRAN Drive, Building #3 ral, Florida 32308-5407 Led balBB)sballtlelisbibtiatalllosshuleahdasolb led

Docket for Case No: 12-004107