rid STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION AUS 16 02 a smeny PREMIERE COMMUNITY HOME CARE AGENCY, sean REPAR TI BT CLERM Petitioner, DOAH CAES vortatctes ee l. Ve. AHCA NO. 200106802122 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. —eeessessC“(‘C/ FINAL ORDER The Agency for Health Care Administration, having entered into a Settlement Agreement with the parties to these proceedings, and being otherwise well advised in the premises, decides as follows: The attached Settlement Agreement is approved and adopted as a part of this Final Order and the parties are directed to comply with the terms of the Settlement Agreement. ’ THEREFORE, it is ORDERED and ADJUDGED that the parties hereto are directed to comply with terms of the Settlement Agreement. DONE and ORDERED this _4<2.day SES in Tallahassee, Leon County, Florida. A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY, ALONG WITH FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW OF PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Kevin Jones, Esq. Jones, Bodet and Harrison, P.A. 111 .N.E. 1% St., 9" Floor Miami, Florida 33132 (U.S. Mail) John F. Gilroy, Esq. Senior Counsel Mail Stop #3 (Interoffice Mail) Wendy Adams Regulatory Consultant Mail Stop #3 (Interoffice Mail) Elizabeth Dudek Deputy Secretary ; Mail Stop #9 e (Interoffice Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named persons and entities by U.S. Mail, or the method Keyyst JIN Con designated, on this lo May of 2002. Lealand McCharen, Agency Clerk JFG/sr JUL-13-e8@2 16:51 FROM: JBH LAW 38535763564 TO:85@8 321 @158 P.@8e Qo hy Np wh STATE OF FLORIDA / Q AGENCY FOR HEALTH CARE ADMINIS‘ rraTiosoy, ed ty 27 Mee, g. PREMIERE COMMUNITY HOME oy Bis & CARE AGENCY, Wey Case. No. 02-0040 See Petitioner, VS. AGENCY FOR IEALTH CARE ADMINISTRATION, Respondent. / SETTLEMENT AGREEMENT Respondent, State of Florida, Agency for Health Care Administration (hereinafter the “Agency,” “AHCA”) through their undersigned representatives, and Premicre Communily Home Care Agency hereinafter “Premiere”) pursuant to Sec. 120.57(4), Florida Statutes (2001) each individually, a “party”, collectively as “parties,” hereby enter into this Settlement Agreement (“Agreement”) and agree as follows: WHEREAS, Premiere is an applicant for registration as a health care services pool pursuant to Chapter 400, Part XII, Florida Statutes (2001), and Chapter 59A-27, Florida . Administrative Code; and . WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing authority over health care services pools pursuant to Chapter 400, Florida Statutes; and WHEREAS, the Agency served Premiere with a Notice of Intent to Deny dated October 30, 2001, notifying Premiere of its intent to deny Premiere’s registration application due to the failure to obtain professional liability coverage in an annual aggregate amount of no less than three million dollars ($3,000,000), and submitting documentation which appeared to have been altered regarding the existence of such coverage; and a JUL-19-20@2 18:51 FROM:JBH LAW 3053570564 TO:854 921 @158 P.@@3 WHEREAS, Premicre requested a formal administrative hearing in a petition to the Agency dated November 6, 2001; and WHEREAS, subsequent to filing the petition, Premicre has presented the Agency with additional information demonstrating that the requisite coverage exists, and that the information provided in the registration application was not altered to mislead the Agency as to the aggrepate liability coverage; and WHEREAS, subsequent to filing its petition, Premiere has changed its name from “Premiere Community Home Care Agency” to “Premiere Community Health Care Agency,” thereby reducing any risk of misperception that Premiere is authorized to provide home health services; and WHEREAS, the parties have agreed that a fair, efficient, and cost effective resolution of this dispute would avoid the expenditure of substantial sums to litigate the dispute; and WHEREAS, the parties have negotiated and agreed that the best interest of all the parties will be served by a settlement of this proceeding: and NOW THEREFORE, in consideration of the mutual promises and recitals herein, the ” parties intending to be legally bound, agree as follows: lL All recitals are true and correct and are expressly incorporated herein 2. Both parties agree that the “whereas” clauses incorporated herein are binding findings of the parties, 3. By this Agreement, Premiere agrees to withdraw its Petition for Formal Administrative Proccedings, agrees to waive any and all appeals and proceedings; agrees to waive compliance with the form of the Final Order (findings of fact and conclusions of law) to which it may be entitled including, but not limited to, an informal proceeding under Subsection 120 $7(2), a cc essen JUL-19-2882 18:52 FROM: JBH LAW 30535708564 7T0:858 921 9158 F.6a4 formal proceeding under Subsection 120.57(1), appeals under Section 120.68, Florida Statutes; and declaratory and all writs of relief in any court or quasi-court (DOAH) of competent jurisdiction. 4. Upon full execution of this Agreement, the Agency shall enter a Final Order adopting and incorporating the terms of this Agreement and approving Premicre’s application for registration as a health care services pool and issue such registration. 5. Each party shall bear its own costs and attorney fees 6, This Agreement shall become effective on the date upon which it is fully exccuted by all the parties. 7. Premiere, for itself and for its related or resulting organizations, its successors or transferees, attorneys, heirs, and executors or administrators, does hereby discharge the State of Florida, Agency for Health Care Administration, and its agents, representatives, and attorneys of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, arising out of or in any way related to this matter and the’ Agency’s actions, including, but not limited to, any claims that were or may be asserted in any federal or state court or administrative forum, including any claims arising out of this agrcement by or on behalf of Premicre or related facilities, 8. This Agreement is binding upon all parties herein and those identified in the aforementioned paragraph seven (7) of this Agreement. 9. The undersigned have read and understand this Agreement and have authority to bind their respective principals to it. 10. This Agreement contains the entire understandings and agreements of the parties. Ju. 19-2aee 1@:52 FROM: JBH LAW 3852578564 TO:85@ 921 @158 P, 05 11. This Agreement supercedes any prior oral or written agreements between the partes 12, This Agreement may not be amended except in writing, assigned, by Premiere and related facilitics, its successor, or any resulting organization. Any attempted assignment of this Agreement by Premiere or related facilities shall be void. The following representatives hereby acknowledge that they are duly authorized to enter into this Agreement. Managed Care and Health Quality Assurance Agency for Health Care Administration DATED: Yieloe patep:_/| € Wiltiam Roberts K Acting General Counsel Agency for Health Care Admin, 2727 Mahan Drive Tallahassee, FL. 32308 DATED: ol. Yojene Lofton Prdmiere Community 1175 N.E, 125" St, #213 North Miami, Florida 33161 me Care Agency 1/6 Jones, Bodetand/Harrison, P.A. INE. 1° St; 9" Floor Miami, Florida 33132 (Attorney for Premiere) paren: @/)/Z/ 02 JUL-19-28@2 10:51 FROM: JBH LAW 3253578564 TO:85@ 921 158 P.@81 LAW OFFICES JONES, BODET & HARRISON LLC Na P= =A“ PONE FACSIMILE TRANSMITTAL SHEET TO. EMAIL: Sharifah Lhymer nmckay @ jbhlaw.com COMPANY: DATE: Agency for Health Care Administration 07/19/02 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 850-921-0158 Five (5) PHONE NUMBER: SENDEK'S PHONE NUMBER: 850-922-5873 305-357-0297 Ke: SENDER’S FAX NUMOER Settlerocnt Agreement 305-357-0564 Qurcent Wrorreview Opreassecommenr O PLEASE REPLY O piease RECYCL Dear Ms. Lhymer: As per your request, please see attached Settlement Agreement pertaining to Premiere Community Home Care Agency v. AHCA; Case No:. 02-0040. If you have any concerns please contact our office using the numbers above. Tye - Nicola McKay, te ’ Office Manager This facsimile contains privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this facsimile is Not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this facsimile in error, please immediately notify us by telephone and return the onginal facsimile to us at the address below via the U.S. Postal Service. Thank-You. 4 VII NE PIRST STREET, NINTH FLOOR, MIAMI, FLORIDA 33132 (305) 357-0297

Docket for Case No: 02-000040