STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION 4° 20 HAR 10 2 35 SEVEN RIVERS HOME CARE, Petitioner, AHCA No. 2004006765 CASE No. 04-3377 C E » * (le RENDITION NO.: aHca-05-O1 ASS ~S-OLC oxy a vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / ee LEENSEEEReEN FINAL ORDER m _ The Agency for Health Care Administration, having entered into a& Joint Stipulation and Settlement Agreement, and being otherwise fully advised in the premises, determines as follows: The attached Joint Stipulation and 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 Joint Stipulation and Settlement Agreement. THEREFORE, it is ORDERED and ADJUDGED: 1. That the parties hereto are directed to comply with terms of the Joint Stipulation and Settlement Agreement. 2. An assessment of ONE THOUSAND TWO HUNDRED THIRTY-SEVEN AND 50/100 DOLLARS ($1,237.50) is hereby imposed upon SEVEN RIVERS HOME CARE. The assessment is due and payable within thirty (30) days of the date of rendition of this Order. Final Order for AHCA # 2004006765 (Formal # 04-3377) Page 1 of 3 3. Checks should be made payable to the “Agency for Health Care Administration.” The check, along with a reference to the case numbers, should be sent directly to: JEAN LOMBARDI AGENCY FOR HEALTH CARE ADMINISTRATION OFFICE OF FINANCE AND ACCOUNTING 2727 MAHAN DRIVE, MAIL STOP #14 TALLAHASSEE, FL 32308 4. Unpaid fines will be subject to statutory interest, and may be collected by all methods legally available. 5. The above-styled case is hereby dismissed. DONE and ORDERED this on this 225 day of Celguuare, 20 OS, 4 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 AGENCY CLERK AND A SECOND COPY, ALONG WITH FILING FEE AS PRESCRIBED BY LAW, IN THE DISTRICT COURT OF APPEAL WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Final Order for AHCA # 2004006765 (Formal # 04-3377) Page 2 of 3 THE HON STEPHEN F. DEAN ADMINISTRATIVE LAW JUDGE DIVISION OF ADMINISTRATIVE HEARINGS THE DESOTO BUILDING 1230 APALACHEE PARKWAY TALLAHASSEE FL 32399-3060 ELIZABETH DUDEK DEPUTY SECRETARY AGENCY FOR HEALTH CARE ADMINISTRATION 2727 MAHAN DRIVE BLDG #1 MS #9 TALLAHASSEE FL 32308 JEAN LOMBARDI FINANCE & ACCOUNTING AGENCY FOR HEALTH CARE ADMINISTRATION 2727 MAHAN DRIVE MS #14 TALLAHASSEE, FL 32308 (INTEROFFICE MAIL) JAMES C. HAUSER, ESQUIRE METZ, HAUSER & HUSBAND, P.A. P.O. BOX 10909 TALLAHASSEE, FL 32302-2909 (INTEROFFICE MAIL) WENDY ADAMS JOANNA DANIELS (INTEROFFICE MAIL) ASSISTANT GENERAL COUNSEL (INTEROFFICE MAIL) CERTIFICATE OF SERVICE ae | HEREBY CERTIFY that a true copy of the foregoing was furnished by US MAIL or other method indicated to the persons addressed above on this | ) day of 2008 _. i UI L€Richard J. Shoop Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308 Final Order for AHCA # 2004006765 (Formal # 04-3377) Page 3 of 3 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SEVEN RIVERS HOME CARE, Petitioner, v8. AHCA No. 2004006765 DOAH CASE No. 04-3377 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. Se JOINT STIPULATION AND SET TLEMENT AGREEMENT The Agency for Health Care Administration ("Agency"), through its undersigned representatives, and SEVEN RIVERS HOME CARE ("Petitioner"), pursuant to Section 120.57(4), Florida Statutes, each individually, a “party’, collectively as “parties,” hereby enter into this Joint Stipulation and Settlement Agreement (‘Agreement’), as follows: WHEREAS, Petitioner operates a licensed home health agency pursuantto Chapter 400 Part IV, Florida Statutes, and Chapter 59A-8, Florida Administrative Code; and WHEREAS, the Agency has jurisdiction over Petitioner as the regulatory and licansing authority pursuant to Chapter 400, Part IV, Florida Statutes, and Chapter 59A-8, Florida Administrative Code; and WHEREAS, the Agency served Petitioner with a notica of intent on July 30, 2004, informing of its intent to impose an administrative fine in the amount of One Thousand ‘Six Hundred and Fifty Dollars ($1,650.00); and vse ul WHEREAS, Petitioner filed a ComplainvAmended Complaint challenging this notice of intent, and-such were sent to DOAH which resulted in the above-styled cause; and r WHEREAS, the parties agree 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 agree that the best interests of all the parties will be served by a settlement of this proceeding. NOW THEREFORE. in consideration of the mutual promises and recitals herein, Petitioner and the Agency do hereby stipulate, settle, and agree as follows: 4. All recitals are true and correct and are expressly incorporated herein. 2. The above “whereas” clauses are binding findings of the parties. 3, This executed Agreement shall be filed in the above-styled cause. The parties then shall jointly request that the DOAH case be closed, and that this matter be referred back to the Agency for entry of a Final Order adopting and incorporating this Joint Stipulation and Settlement Agreement as is. 4. Upon mutual execution of this Agreement, Petitioner agrees to waive: compliance with the form of the Final Order (findings of fact and conclusions of law) to which it may be entitled; the rignt to an informal proceeding under Subsection 120.87(2): the right to a formal proceeding under Subsection 120.57(1); the right to an appeal under Section 120.68, Florida Statutes; and any rights to seek declaratory and all writs of relief in any court or quasi-court (DOAH) of competent jurisdiction. However, all parties hereto expressly recognize and agree that this provision is not intended to nor shall it ‘be construed as a waiver of Petitioner's and the Agency's right to seek judicial enforcement of this Agreement. Page 2 METZ | HAUSER | HUSBAND Fax: 8sUZUD9UUL NOY 4 ZUU4 Lf oe re 5. Petitioner shall pay Agency the total sum of One Thousand Two Hundred Thirty-Seven and 50/100 Dollars ($1,237.50), within 30 days of entry of the Final Order. in so paying, Petitioner does not admit to any wrongdoing or violation of any statute or agency rule. 6. The Agency expressly agrees that it will not impose or seek to take other action or sanction against Petitioner due to the application received on October 6, 2008, or for any of the circumstances or actions described in the Agency's notice of intent to Petitioner. ‘ 7. Each party shall bear its own costs and attorney fees. 8. This Agreement shall become effactive on the date upon which it is fully executed by all the parties. Venue for any action brought to enforce the terms of this a Agreement or the Final Order entered pursuant herato shall lie in the Circuit Courtin Leon County, Florida. - 9. Petitioner, for itself and for its related or resulting organizations, its successors or transferees, attorneys, heirs, and executors or administrators, does hereby discharge the Agency, 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 agreement, by or on behalf of Petitioner or related facilities. . 10. The Agency does hereby discharge Petitioner, and its agents, representatives, and attorneys of and from all claims, demands, actions, causes of action, Page 3 MET2. HAUSER. HUSBAND Fax: 35UZU5YUUL NOY 4 gUUd Lhe rus 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 agreement, by or on behalf of the Agency. 41. This Agreement is binding upon all parties herein and those identified in the aforementioned paragraph nine (9) of this Agreement. + 42. The undersigned have read and understand this Agreement, and have oy authority to bind their respective principals to It. 44. This Agreement contains the entire understandings and agreements of the parties. This Agreement supercedes any prior oral or written agreements between the vey parties. 14. A facsimile signature contained herein shall be as valid and binding as an original signature thereof. Page 4 METZ sHAUSER HUSBAND Fax:8502059001 Nov 4 2UU4 Lf-d2 r.Uo 45. This Agreement may not be amended except in writing. Any attempted assignment of this Agreement shall be void. The following representatives hereby acknowledge that they are duly authorized to enter into this Agreement. DEPUTY SECRETARY DIVISION OF HEALTH QUALITY ASSURANCE AGENCY FOR HEALTH CARE ADMINISTRATION 2727 MAHAL DR MAIL STOP 9 TALLAHASSEE, FL 32308 a ey, B “NDA CLARK Lae GENERAL COUNSEL AGENCY FOR HEALTH CARE ADMINISTRATION 2727 MAHAL DRIVE MAIL STOP 3 TALLAHASSEE, FL 32308 JAMES C. HAUSER Metz, Hauser & Husband, P.A. Post Office Box 10909 Tallahassee, FL 32302 (850) 205-9000; (850) 205-9001 (fax) Attorney for Seven Rivers Home Care Page 5 22s Jos DATED J 4 (20 Loe DATED DATE

Docket for Case No: 04-003377