, REGEN STATE OF FLORIDA ; ARTMENT ai HEAL DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL SERVICES 19 APR 10 AN 9: 2] SFFICE OF THE CLER« DEPARTMENT OF HEALTH, Petitioner, vs. Case No. 2011-19763 ROCKY MOUNTAIN HOLDINGS, LLC dba LIFENET Respondent. / ADMINISTRATIVE COMPLAINT The Department of Health (“Petitioner”), by and through undersigned counsel, files an Administrative Complaint against Rocky Mountain Holdings, LLC, dba Lifenet (“Respondent”) and states in support thereof: NATURE OF ACTION 1. Pursuant to s. 401.411, Florida Statutes (Fla. Stat.), this is an action to reprimand Respondent’s AIR Ambulance (“AIR”) license and impose administrative fines up to $1,000.00 per count as provided by law. JURISDICTION AND VENUE 2. The Petitioner has jurisdiction pursuant to Chapter 120, Fla. Stat. and Rule 28-106, Florida Administrative Code (F.A.C.). 3. Venue lies pursuant to Rule 28-106.207, F.A.C. PARTIES 4. Petitioner is a state agency established in s. 20.43, Fla. Stat., and is charged with regulating air ambulance care pursuant to Chapters 395 and 401, Fla. Stat., and Rule 64J- 2002(2), F.A.C. 5. At all times material hereto, Respondent has been licensed as an air ambulance provider, having been given license number AIR 7003. 6. Respondent’s address of record is 215 Midfield Drive, Griffin, Georgia 30224. 7. Respondent has a unique partnership with Shands Healthcare-Jacksonville. Respondent is the license holder, and provides the aircraft, pilots, maintenance and EMS license for the program, but does not provide the medical crew, medical direction or communication dispatch. 8. At all times material hereto, Respondent owned and operated aircraft T1 Jacksonville, Tail number N244AM, Permit number 1405, out of Shands Healthcare-Jacksonville’s location, 655 W. 8th Street, Jacksonville, Florida 32209. APPLICABLE REGULATIONS 9. Pursuant to s. 395.4045(1), Fla. Stat., “each emergency medical services provider licensed under chapter 401 shall transport trauma alert victims to hospitals approved as trauma centers...” 10. Pursuant to s. 395.4045(2), Fla. Stat., “a trauma agency may develop a uniform trauma transport protocol that is applicable to the emergency medical services licensees providing services within the geographical boundaries of the trauma agency...” 11. Pursuant to Rule 64J-2002(2), F.A.C., “each EMS provider shall transport, or cause to be transported, every trauma alert patient to a trauma center nearest the location of the incident,...” 12. Pursuant to s. 401.411(1)(a), Fla. Stat., the Petitioner may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine any licensee, certificateholder, or other 2 person operating under this part for any violation of any rule of the department or any provision of this part. 13. All classifications of EMS licensure held by Respondent are subject to any final order issued in this case, as provided by s. 401.411(2), Fla. Stat. COUNT I RESPONDENT VIOLATED CHAPTERS 395 AND 401, FLORIDA STATUTES, BY FAILING TO TRANSPORT TRAUMA ALERT PATIENT TO THE CLOSEST TRAUMA FACILITY AS REQUIRED BY RULE 64J-2.002(2), FLORIDA ADMINISTRATIVE CODE 14. Petitioner re-alleges and incorporates paragraph 1 through 13 as if fully set forth herein. 15. At all times material hereto, St. Johns County Fire Rescue protocols listed Orange Park Medical Center as a provisional trauma center. 16. On or about November 19, 2011, Respondents aircraft responded to a trauma alert from St. Johns Fire Rescue requesting assistance transporting an adult patient involved in a motorcycle crash on Interstate 95. 17. Upon arrival, the patient was alert in the back of a St. Johns Fire Rescue ambulance. The patient was transferred from the ambulance to Respondent’s aircraft and, flown to Shands Healthcare-Jacksonville. 18. The distance from incident location to Orange Park Medical Center was 17.3 nautical miles. 19. The distance from incident location to Shands Healthcare-Jacksonville was 23.6 nautical miles. 20. Respondent violated Chapter 395, Fla. Stat., and Rule 64J-2002(2), F.A.C., by failing to transport a trauma alert patient to a trauma center nearest to the location of the incident, and is subject to disciplinary action pursuant to s. 401.411(1)(a), Fla. Stat. COUNT II RESPONDENT VIOLATED CHAPTERS 395 AND 401, FLORIDA STATUTES, BY FAILING TO TRANSPORT TRAUMA ALERT PATIENT TO THE CLOSEST TRAUMA FACILITY AS REQUIRED BY RULE 64J-2.002(2), FLORIDA ADMINISTRATIVE CODE 21. Petitioner re-alleges and incorporates paragraph 1 through 13 as if fully set forth herein. 22. At all times material hereto, St. Johns County Fire Rescue protocols listed Orange Park Medical Center as a provisional trauma center. 23. On or about November 20, 2011, Respondent‘s aircraft responded to a trauma alert from Flagler Hospital requesting assistance transporting an adult patient involved in a vehicle crash. 24. Upon arrival, the patient was alert in the back of a St. Johns Fire Rescue ambulance. The patient was transferred from the ambulance to Respondent’s aircraft and, flown to Shands Healthcare-Jacksonville. 25. The distance from incident location to Orange Park Medical Center was 28.2 nautical miles. 26. The distance from incident location to Shands Healthcare-Jacksonville was 34.4 nautical miles. 27. Respondent violated Chapter 395, Fla. Stat., and Rule 64J-2002(2), F.A.C., by failing to transport a trauma alert patient to a trauma center nearest to the location of the incident, and is subject to disciplinary action pursuant to Section 401.411(1)(a), Fla. Stat. COUNT II RESPONDENT VIOLATED CHAPTERS 395 AND 401, FLORIDA STATUTES, BY FAILING TO TRANSPORT TRAUMA ALERT PATIENT TO THE CLOSEST TRAUMA FACILITY AS REQUIRED BY RULE 64J-2.002(2), FLORIDA ADMINISTRATIVE CODE 28. Petitioner re-alleges and incorporates paragraph 1 through 13 as if fully set forth herein. 29. At all times material hereto, Baker County EMS protocols listed Orange Park Medical Center as a provisional trauma center. 30. On or about November 25, 2011, Respondent's aircraft responded to a stroke alert from Baker County EMS requesting assistance transporting an adult patient of the North Florida State Hospital. 31. Upon arrival, Baker County EMS advised Respondent the adult patient was “having a stroke” and left-side weakness. The patient was transferred to Respondent’s aircraft and, flown to Shands Healthcare-Jacksonville. 32. The distance from incident location to Orange Park Medical Center was 21.0 nautical miles. 33. The distance from incident location to Shands Healthcare-Jacksonville was 23.7 nautical miles. 34. Respondent violated Chapter 395, Fla. Stat., and Rule 64J-2002(2), F.A.C., by failing to transport a trauma alert patient to a trauma center nearest to the location of the incident, and is subject to disciplinary action pursuant to s. 401.411(1)(a), Fla. Stat. COUNT IV RESPONDENT VIOLATED CHAPTERS 395 AND 401, FLORIDA STATUTES, BY FAILING TO TRANSPORT TRAUMA ALERT PATIENT TO THE CLOSEST TRAUMA FACILITY AS REQUIRED BY RULE 64J-2.002(2), FLORIDA ADMINISTRATIVE CODE 35. Petitioner re-alleges and incorporates paragraph 1 through 13 as if fully set forth herein. 36. At all times material hereto, St. Johns County Fire Rescue protocols listed Orange Park Medical Center as a provisional trauma center. 37. On or about November 26, 2011, Respondent‘s aircraft responded to a trauma alert from St. Johns Fire Rescue for assistance transporting an adult patient involved in a highway crash near St. Augustine Airport. 38. Upon arrival, the patient was becoming combative in the back of a St. Johns Fire Rescue ambulance. The patient was restrained and transferred from the ambulance to Respondent’s aircraft and, flown to Shands Healthcare-Jacksonville. 39. The distance from incident location to Orange Park Medical Center was 24.1 nautical miles. 40. The distance from incident location to Shands Healthcare-Jacksonville was 29.0 nautical miles. 41. Respondent violated Chapter 395, Fla. Stat., and Rule 64J-2002(2), F.A.C., by failing to transport a trauma alert patient to a trauma center nearest to the location of the incident, and is subject to disciplinary action pursuant to s. 401.411(1)(a), Fla. Stat. CLAIM FOR RELIEF WHEREFORE, Petitioner respectfully requests that the following sanctions be imposed against Respondent: a. Make factual and legal findings in favor of Petitioner on Counts I through IV. b. Pursuant to s. 401.411(1), Fla. Stat., reprimand Respondent’s AIR license. c. Pursuant to s. 401.411(7), Fla. Stat., administratively fine Respondent $1,000.00 for each of the four violations. d. Provide such other relief as may be proper. Dated this lp day of fall , 2013. Respectfully submitted, JENNIFER TSCHETTER General Counsel Florida Department of Health CRA Caryl Kilinski Chief Legal Counsel Fla. Bar No. 0480649 Florida Department of Health Office of the General Counsel 4052 Bald Cypress Way, Bin #A02 Tallahassee, FL 32399-1703 Telephone: (850) 245-4005 Facsimile: (850) 413-8743 Email: caryl_kilinski@doh.state.fl.us CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by USS. certified mail to Rocky Mountain Holdings, LLC dba Lifenet, c/o Larry Hall, Manager, 215 Midfield Drive, Griffin, Georgia 30224, on this ld day of G dievakd , 2013. (fAM! Ge Caryl Kilinski NOTICE OF RIGHTS Respondent has the right to request or petition for an administrative hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes. Respondent has the right to be represented by counsel or other qualified representative. Administrative hearings are governed by Rule 28-106, Florida Administrative Code. A request or petition for an administrative hearing must be in writing and must be received by the agency clerk within twenty-one (21) days from the day you received this Administrative Complaint. A request or petition for a hearing must be in conformance with Chapter 28-106.2015(5), Florida Administrative Code and must be sent to the Agency Clerk at the following address: Agency Clerk Department of Health 4052 Bald Cypress Way, Bin #C-01 Tallahassee FL 32399-1703. Mediation is not available as an alternative remedy. Your failure to submit a petition for hearing within 21 days from receipt of this Administrative Complaint will constitute a waiver of your right to a hearing, and this complaint will thereby become a final order of the department.

Docket for Case No: 13-002357