O7 STATE OF FLORIDA / i; AGENCY FOR HEALTH CARE ADMINISTRATION iy, je Hees STATE OF FLORIDA AGENCY FOR HEALTH CARE _ ADMINISTRATION, © Petitioner, Vs. BECO DURABLE MEDICAL EQUIPMENT INC., dba BECO DURABLE MEDICAL EQUIPMENT : Respondent. / ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that after Twenty One (21) days from the receipt of this complaint, the Agency for Health Care Administration (hereinafter referred to as the "Agency") intends to impose an administrative fine in the amount of Two Thousand and Five Hundred ($2,500) Dollars to Beco Durable Medical Equipment Inc. (hereinafter referred to as "Respondent"). As grounds for this administrative fine, the Agency alleges as follows: / 1. The Agency has jurisdiction over Respondent by virtue of the provisions of Chapter 400, Part X, Florida Statutes (Fla. Stat.) 2. Respondent is operating as an unlicensed home medical equipment (HME) provider at 3251 NW 7” Street, Miami, Florida 33125, in violation of Chapter 400, Part X, (Fla. Stat.) and Chapter 59A-25, Florida Administrative Code (F.A.C.) 3. On or about February 15, 2001, AHCA conducted an unannounced visit to Respondent. 4. Asurvey of the business revealed that Respondent is providing and offering home medical equipment and services to the public.’ | 5. It was determined at the time of the unannounced visit that Respondent is offering and advertising home medical equipment services to the public without a license, in. violation of section 400. 93(6), Fla. Stat., which provides: - “It is unlawful for any person to offer or advertise home medical and services unless he or she has a valid license under this part or is exempted from licensure under subsection (5).” 6. Respondent does not qualify for exemption under subsection 400.93(5), Fla. Stat. 7. AHCA hand-served a notice of violation on Respondent on January 10, 2001 {attached as Exhibit b. 8. AHCA hand-served an order to Cease and Desist on or about, February 5, 2001. 9. Both letters of the above mentioned letters gave notice to Respondent that offering, advertising or operating as an home medical equipment provider without a license was a violation of law, to cease and desist immediately; and of AHCA intention to proceed with all available remedies, including imposing a fine up to $5000 per violation per day. 10. The above referenced violations constitute grounds to levy this administrative fine pursuant to 400.932, which states that the Agency may impose an administrative fine up to $5000 per violation per day for any violation of Chapter 400, Part X, Fla. Stat., or applicable tule. ELECTION AND EXPLANATION OF RIGHTS FORMS ATTACHED. » f i sq oee 11. RESPONDENT IS FURTHER NOTIFIED THAT FAILURE TO REQUEST 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. — I HEREBY CERTIFY that ¢ a ‘true copy ‘hereof v was sent by U. Ss. Certified Mail, Retum Receipt Requested to, Beco Durable Me al ment Inc., 3251 NW a Street, Miami, Florida 33125, on this _/2 day of forit , 2001. Mv Castillo ~“Field Office Manager Agency for Health Care Administration Copy to: Luis M. Vissepo, Assistant General Counsel Beco Durable Medical Agency for Health Care Administration Equipment Inc. : Manchester Building 3251 NW 7" Street 8355 NW 53” Street Miami, Florida 3125 Miami, Florida 33166 moe Home Care Unit Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 Gloria Collins, Finance and Accounting Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #14 Tallahassee, Florida 32308 Salle ae

Docket for Case No: 01-001760