STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, vs. AHCA No. 2015009388 Location: Ft. Myers PLANNED PARENTHOOD OF SOUTHWEST AND CENTRAL FLORIDA, 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, Planned Parenthood of Southwest and Central Florida, Inc. (“the Respondent”), pursuant to Sections 120.569 and 120.57, Florida Statutes (2015), and alleges as follows: NATURE OF THE ACTION This is an action to impose a $1,000.00 administrative fine against the Respondent. PARTIES 1. The Agency is the licensing and regulatory authority that oversees abortion clinics in Florida and enforces the statutes and rules governing such facilities. Chs. 408, Part II, 390, Fla. Stat. (2015); Ch. 59A-9, Fla. Admin. Code. The Agency may deny, revoke and suspend a license issued to an abortion clinic and impose an administrative fine for a violation of the Health Care Licensing Procedures Act, the authorizing statutes or the applicable rules. §§ 408.813, 408.815, 390.018, Fla. Stat. (2015). In addition, when a controlling interest or licensee has an interest in more than one provider and fails to license a provider rendering services that require licensure, the Agency may revoke all licenses and impose actions under Section 408.814 and a fine of $1,000 per day, unless otherwise specified by authorizing statutes, against each licensee until such time as the appropriate license is obtained for the unlicensed operation. § 408.812(5), Fla. Stat. (2015). 2. The Respondent applied for and was issued a license by the Agency to Operate an abortion clinic located at 8595 College Parkway, Suite 250, Ft. Myers, Florida 32919, and was ' at all times material required to comply with the statutes and rules governing such facilities. 3. The license issued to the Respondent was valid for only first trimester abortions, as requested by the Respondent through its license application. Applicants may apply for a license to perform second trimester abortions in addition to first trimester abortions, but the standards for facilities that perform second trimester abortions are greater. See Fla. Admin. Code Rules 59A- 9.022 (Physical Plant Requirements); 59A-9.0225 (Clinic Supplies and Equipment Standards for Second Trimester Abortions); 59A-9.023 (Clinic Personnel); 59A-9.024 (Clinic Policies and Procedures for Second Trimester Abortions); 59A-9.025 (Medical Screening and Evaluation of Patients Receiving Second Trimester Abortions); 59A-9.026 (Second Trimester Abortion Procedure); 59A-9.027 (Recovery Room Standards for Second Trimester Abortions); 59A-9.028 (Post Procedure Follow-up Care for Patients Receiving Second Trimester Abortions); 59A-9.029 (Abortion Clinic Incident Reporting for Second Trimester Abortions). The Respondent did not apply for and does not have a license to perform second trimester abortions. COUNT I 4. Under Florida law, the requirements of part II of chapter 408 shall apply to the provision of services that require licensure pursuant to ss. 390.01 1-390.018 and part II of chapter 408 and to entities licensed by or applying for such licensure from the Agency for Health Care Administration pursuant to ss. 390.011-390.018. A license issued by the Agency is required in order to operate a clinic in this state. § 390.014, Fla, Stat. (2015). All persons planning the operation of an abortion clinic under the provisions of Chapters 408 and 390, F.S., shall make application for a license to the Agency on the Health Care Licensing Application, Abortion Clinic, AHCA Form 3130-1000, July 2014, which is incorporated by reference. Fla. Admin. Code 59A-9.020(1). 5. Under Florida law, a permanent individual clinical record shall be kept on each clinic patient. Clinical records shall be complete, accurately documented, and systematically organized to facilitate storage and retrieval. (a) Clinical records shall be complete, accurately documented, and systematically organized to facilitate storage and retrieval. (b) Clinical records involving second trimester abortion procedures shall be kept confidential and secure. (c) Operative reports signed by the physician performing the second trimester abortion shall be recorded in the clinical record immediately following the procedure or that an operative progress note is entered in the clinical record to provide pertinent information. Fla, Admin. Code 59A- 9,031(1). Facts 6. During the period from July 31, 2015, through August 19, 2015, the Agency conducted an unannounced monitoring visit of the Respondent and gathered information from the Respondent. 7. Based upon the results of the visit and the additional information, the Respondent provided services in excess of the scope of its license for 2 patients. 8. For sampled patients #4 and #16, no date was recorded for the last normal menstrual period (LMP); however, the ultrasound reflected weeks of gestation in excess of 12 as documented in the patients’ records. The findings include: 9. A review of sampled patient #4 - no LMP, ultrasound reflected 13.2 weeks gestation. 10. A review of sampled patient #16 - no LMP, ultrasound reflected 13.2 weeks gestation. Sanction 11. Under Florida law, as a penalty for any violation of this part, authorizing statutes, or applicable rules, the Agency may impose an administrative fine. § 408.813, Fla. Stat. (2015). Unless the amount or aggregate limitation of the fine is prescribed by authorizing statutes or applicable rules, the agency may establish criteria by rule for the amount or aggregate limitation of administrative fines applicable to this part, authorizing statutes, and applicable rules. Each day of violation constitutes a separate violation and is subject to a separate fine. § 408.813(1), Fla. Stat, (2015). The Agency may impose an administrative fine for a violation that is not designated as a class I, class II, class III, or class IV violation. Unless otherwise specified by law, the amount of the fine may not exceed $500 for each violation. Unclassified violations include: (a) Violating any term or condition of a license. (b) Violating any provision of this part, authorizing statutes, or applicable rules. (c) Exceeding licensed capacity. (d) Providing services beyond the scope of the license. (e) Violating a moratorium imposed pursuant to s. 408.814. § 408.813(3), Fla. Stat, (2015). WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, respectfully seeks to impose a $1,000.00 administrative fine against the Respondent. CLAIM FOR RELIEF WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, respectfully seeks a final order that: 1. Makes findings of fact in favor of the Agency,’ / ff 2. Imposed the relief set forth above. 7 i / ‘f Respectfully submitted on this 3" day of Septginbef, Z f Thomas M. Hoelér, Chief Facilities Counsel Florida Bar No. 709311 Office of the General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 Telephone: (850) 412-3647 Facsimile: (850) 922-9634 Thomas.Hoeler@ahca.myflorida.com NOTICE OF RIGHTS Pursuant to Section 120.569, F.S., any party has the right to request an administrative hearing by filing a request with the Agency Clerk. In order to obtain a formal hearing before the Division of Administrative Hearings under Section 120.57(1), F.S., however, a party must file a request for an administrative hearing that complies with the requirements of Rule 28-106,2015, Florida Administrative Code. Specific options for administrative action are set out in the attached Election of Rights form. The Election of Rights form or request for hearing must be filed with the Agency Clerk for the Agency for Health Care Administration within 21 days of the day the Administrative Complaint was received. If the Election of Rights form or request for hearing is not timely received by the Agency Clerk by 5:00 p.m. Eastern Time on the 21st day, the right to a hearing will be waived. A copy of the Election of Rights form or request for hearing must also be sent to the attorney who issued the Administrative Complaint at his or her address. The Election of Rights form shall be addressed to: Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 3, Tallahassee, FL 32308; Telephone (850) 412-3630, Facsimile (850) 921-0158. Any party who appears in any agency proceeding has the right, at his or her own expense, to be accompanied, represented, and advised by counsel or other qualified representative. Mediation under Section 120.573, ES., is available if the Agency agrees, and if available, the pursuit of mediation will not adversely affect the right to administrative proceedings in the event mediation does not result in a settlement. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy 9 ihe Administrative Complaint and Election of Rights form were served to the persons named this 3" day of September, 2015. Thomas M. Heeler, Chief Facilities Counsel Florida Bar No. 709311 Office of the General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 Telephone: (850) 412-3647 Facsimile: (850) 922-9634 Thomas.Hoeler@ahca.myflorida.com Jack Plagge, Unit Manager Hospital and Outpatient Services Unit Agency for Health Care Administration (Electronic Mail) Jon Seehawer, Field Office Manager Local Field Office Agency for Health Care Administration (Electronic Mail) Administrator Planned Parenthood of Southwest and Central Florida 8595 College Parkway, Suite 250 Ft. Myers, Florida 32919 Certified Mail - 91 7108 2133 3937 6300 &325 Julie Gallagher, Esquire Grossman, Furlow & Bayo', LLC 2022-2 Raymond Diehl Road Tallahassee, Florida 32308 E-Mail: j.gallagher@gfblawfirm.com STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION Re: _ Planned Parenthood of Southwest and Central Florida AHCA No. 2015009388 Ft. Myers Location 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 that you receive the attached proposed agency action. If your Election of Rights with your selected option is not received by AHCA within 21 days of the day that you received this proposed agency action, you will have waived your right to contest the proposed agency 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, 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, | 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) I 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) I 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: 1. The name, address, telephone number, and facsimile number (if any) of the Respondent. 2. The name, address, telephone number and facsimile number of the attorney or qualified representative of the Respondent (if any) upon whom service of pleadings and other papers shall be made. 3. A statement requesting an administrative hearing identifying those material facts that are in . dispute. If there are none, the petition must so indicate. 4. A statement of when the respondent received notice of the administrative complaint. 5. A statement including the file number to the administrative complaint. 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: Title: Address: Number and Street City Zip Code Telephone No. Fax No. E-Mail(optional) 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: Title: USPS.com® - USPS Tracking® English Customer Service USPS Mobile Page | of 2 Register / Sign In [>| USPS.;COM USPS Tracking® Tracking Number: 9171082133393763008325 Product & Tracking Information Postal Product: Features: Certified Mail” DATE & TIME STATUS OF ITEM September 8, 2015 , 11:45 Delivered am M4 ae Customer Service » Have questions? We're here to help. 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Docket for Case No: 15-005486