Saliba dae STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, ©” Petitioner, 1&J MEDICAL EQUIPMENT CORP, —_—_—Return Receipt Requested dba I & J MEDICAL EQUIPMENT CORP. 70001670001 148441143 ) 70001670001148441136 ~~~ 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 I & J Medical Equipment Corp., (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. At the time of the unannounced visit, Respondent was Operating as an unlicensed home moda equipment (HME) provider at 3383 Nw 7 Street, Suite 312, Miami, Florida 33125,in > violation of Chapter 400, Part X, a, Stat.) and Chapter 50A~ 25, Florida Administrative Code - «. A.C.). 3. AHCA hand-served a notice of violation on Respondent on January 11, 2001 (attached as Exhibit 1). 5, 2001 {attached as. Exhibit 2). z Respondent. 4. The letter gave notice to Respondent that offerin gs advertising 0 or operating asa home medical equipment provider without a ticense 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.: 5. AHCA hand-served an n order to Cease and Desist to Respondent on or about, February 6. The order gave notice to Respondent to cease and d desist from operating as an 1 unlicensed home medical equipment provider. - 7. On or about February 15, 200 AHC ¢ ed visit to - 8. A survey of the business revealed that Respondent was offering medical equipment to the public. 9. It was determined at the time of the unannounced visit that Respondent was 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). 10. Respondent does not qualify for exemption under subsection 400.93(5), Fla. Stat. ll. It was also determined that at the time of the unannounced visit that Respondent was operating as an unlicensed home medical equipment provider, in n violation of section n 400. 93, Fla. Stat. 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. hele 0A nn aoe ol hn call ELECTION AND EXPLANATION OF RIGHTS FORMS ATTACHED _ GD 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 COMP! AINT AND THE ENTRY OF A FINAL ORDER BY THE AGENCY. oe > copy hereof Was sent by, U, S. Cettified Mail, Return Receipt Requested tol &) J Medical 41 Equipment Corp., 3383 NW 7" Street, Suite 312, Miami, FL 33125 on this 2B day of Lynch, 2001. Diane Castillo , : ° Field Office Manager. - Agency for Health Care Administration Copy to: Luis M. Vissepo II Julio R. Gonzalez Assistant General Counsel 10460 SW 41 Terrace Agency for Health Care Administration ee Miami, FL 33165... Manchester Building Bes co me 8355 NW 53” Street Miami, Florida 33166 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 ~~~

Docket for Case No: 01-001857