Nliow! Mec STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMIN ISTRATION g Ady! Tipegal. 7 Ve STATE OF FLORIDA, AGENCY FOR ; 7 pads HEALTH CARE ADMI NISTRATION, AHCA Case Number Petitioner, © ‘ * 2005009435 vs. MEDICAL DIAGNOSTIC CENTER OF JACKSONVILLE, d/b/a MEDICAL DIAGNOSTIC CENTER OF JACKSONVILLE, NORTHSIDE OFFICE, [Olcradiitcem-Val(icm ie liatey=1a Respondent. ’ : / 7260 390) 9845 L845 4759 SENDERS.RECORD...- ADMINISTRATIVE COMPLAINT The STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRA- TION [hereinafter AHCA or the Agency], by and through its undersigned counsel, hereby files and serves this ADMINISTRATIVE COMPLAINT against Respondent ‘MEDICAL DIAGNOSTIC CENTER OF J ACKSONVILLE, d/b/a MEDICAL DIAGNOSTIC CENTER OF JACKSONV: ILLE NORTHSIDE OFFICE, pursuant to §120.569 and $120.57, Florida Statutes (2005), and alleges: NATURE OF THE ACTION L. This is an administrative action to revoke Respondent’s health care clinic license, number HCC5332, for Respondent's failure to secure MRI accreditation within one year of its licensure for en gaging in MRI services. JURISDICTION & VENUE 2. AHCA has jurisdiction pursuant to its regulatory authority under the Health Care Clinic Act [the Act], Chapter 400, Part XII, Florida Statutes (2005). In the event that Respondent Tequests a formal hearing in the manner Tequired by law and AHCA thereafter refers the case to DOAH,, the Division of Administrative Hearings [DOAH] will have jurisdiction pursuant to Sections 120.569 and 120.57, Florida Statutes (2005). 3. Venue for any formal hearing shall be determined pursuant to Rule 28- 106.207, Florida Administrative Code, 4. In the event Respondent requests an informal hearing (no dispute as to the underlying material facts), then the Agency will refer the matter to an informal hearing - officer who will hear the matter by telephone conference as to any argument as to the application of the law to the undisputed underlying facts pertaining to revocation, - PARTIES . 5. AHCA is the tegulatory agency responsible for the licensure of Florida health care clinics and for implementation and enforcement of the Act, including in particular the licensure of clinics engaged in magnetic resonance imaging (MRI services. 6. MEDICAL DIAGNOSTIC CENTER OF JACKSONVILLE, d/b/a MEDICAL, DIAGNOSTIC CENTER OF JACKSONVILLE NORTHSIDE OFFICE. [Respondent] Owns, operates and is doing business as MEDICAL DIAGNOSTIC CENTER OF JACKSONVILLE NORTHSIDEB OFFICE [the Clinic}. Respondent's Principal business address is 3550 University Bivd, South, Suite 102Jacksonville, Florida 32216. Respondent’s tailing address is the same. The Clinic is located at 280 Dundas Drive, Jacksonville, Florida 32218. 7. Respondent and the Clinic are engaged in providing magnetic resonance imaging (MRI) services and at all times material hereto were and are required to comply with the Act, THE FLORIDA HEALTH CARE CLINIC ACT “ee Re EL CARE CLINIC ACT 8. §400.991(1) (a) of the Act States that: “Each clinic, as defined in s8.400.9902 must be licensed and shall at all times maintain a valid license with the agency.” 9. Because Respondent is engaged in magnetic resonance imaging (MRD _ Services, the following additional requirement of the Act is pertinent here: 400.9935 Clinic responsibilities, — (11)(a) Each clinic engaged in magnetic resonance imaging services must be accredited by the Joint Commission on Accreditation of Healthcare Organizations, the American College of Radiology, or the Accreditation Association for Ambulatory Health Care, within 1 year after licensure. However, a clinic may request a single, 6-month extension if it provides evidence to the agency establishing that, for good cause shown, such clinic can not be accredited within 1 year after licensure, and that such accreditation will be completed within. the 6- month extension. After obtaining accreditation as required by this subsection, each such clinic must maintain accreditation as a condition of renewal of its license, [Emphasis added, except as to title.] 10.° The Act provides authority to the Agency to revoke a license, as follows: 400.995 Agency administrative penalties.-- (1) The agency may deny the application for a license renewal, revoke or for violations of the requirements of this part or rules of the agency. In ; determining if a penalty is to be imposed and in fixing the amount of the fine, the applicable laws or rules were violated. (b) Actions taken by the owner, medical director, or clinic director to correct violations. ‘ (c) Any previous violations. (d) The financial benefit to the clinic of committing or continuing the violation. [Emphasis added, except as to title.] 3 THE VIOLATION 11. With the enactment of the Health Care Clinic Act in 2003, the Legislature required then-existing clinics and any other clinics formed prior to July 1, 2004, to seek and secure a temporary clinic license, resulting in the issuance of licenses with effective dates between March 1, 2004 and July 1, 2004, As amended, the Act requires all clinics established after July 1, 2004, to secure a clinic license pursuant to the Act. 12. Respondent’s Clinic constitutes a health care Clinic as defined by the Act, and is subject to the licensure requirements of the Act, Respondent sought licensure under the Act for its operation of its Clinic. 13. Based upon the licensure application submitted by Respondent to the Agency for operation of the Clinic, in due course on or about May 6, 2004, the Agency issued a temporary clinic license, HCC5332, Certificate #6562, to Respondent, effective March 1, 2004. A copy of the cover letter dated May 6, 2004, and of that license, are attached hereto and made.a part hereof as AHCA’s Exhibit A.” 14. Based upon that same licensure application, in due course on or about May 11, 2005, the Agency issued to Respondent a standard clinic license, HCC5332, Certificate #9314, effective May 11, 2005. A copy of the cover letter dated June 17, 2005, and of that standard clinic license, are attached hereto and made a part hereof as AHCA’s Exhibit “B.? 15. More than one year has passed since the Agency’s licensure of the Clinic without Respondent having secured the required accreditation for providing MRI services. Respondent has not met the minimum standards for continued licensure, contrary to and in direct violation of the express requirement of paragraph (11) (a) of §400.9935 of the Act. 16. Respondent, through its Clinic, continues to be engaged in MRI services, unabated notwithstanding its failure to secure the required accreditation. _ CLAIM FOR RELIEF 17. The Agency has considered the sanctions available to it under the Act, specifically including consideration, of the factors set forth in §400.995(1) and determined that the facts and law set forth above constitute a lawful and appropriate basis for the Agency to revoke Respondent’s referenced license, 18. AHCA thus seeks revocation of the’ referenced license held by Respondent. Respectfully submitted this WA day of November, 2005. Kenneth W ieseking, Esquire AHCA Seni Attorney Fla. Bar No. 270644 Agency for Health Care Administration Palmer Building, HCCU, MSC #53 2727 Mahan Drive Tallahassee, FL 32308-5407 (850) 488-0215 (office) (850) 488-5897 (fax) NOTICE ; Respondent is notified that it has a tight to request an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, Specific options for administrative review of the relief Sought herein are set out in the attached Election of Rights form and explained in the attached Explanation of Rights form. All requests for hearing shall be made to the Agency for Health Care Administration and delivered to: Mr. Richard Shoop, Agency Clerk Agency for Health Care Administration Building #3, MSC #3 2727 Mahan Drive Tallahassee, Florida 32308 Please also furnish a copy thereof to the above-named AHCA Senior attorney who prepared and signed this Administrative Complaint (see address below signature), RESPONDENT IS FURTHER NOTIFIED THAT THE AGENCY MUST RECEIVE A REQUEST FOR HEARING WITHIN 21 DAYS OF RECEIPT OF CONSTITUTE AN ADMISSION OF THE FACTS ALLEGED HEREIN AND RESULT IN ENTRY OF A FINAL ORDER BY THE AGENCY CONSISTENT WITH THE ACTIONS CONTEMPLATED BY THE AGENCY IN THIS PLEADING. ‘ CERTIFICATE OF SERVICE we SL OF SERVICE The undersigned AHCA counsel hereby certifies that a true and correct copy of the above and foregoing Administrative Complaint, together with its exhibits and with both an Election of Rights form and a form regarding the Explanation of Rights Under , Section 120.569, F.S.A. attached thereto, has been furnished by certified mail, return receipt requested, to each of the following at the addresses indicated for each: SCOTT D. WIEDERMANN, M.D. Administrator Medical Diagnostic Center of Jacksonville Northside Office 280 Dundas Drive, Jacksonville, Florida 32218 NICOLAU SACAQUINI, Owner Medical Diagnostic Center of J: acksonville, Northside Office 3550 University Blvd, South, Suite 102 Jacksonville, Florida 32216 ,on this / b day of November, 2005. “Gieseking, Esquire AHCA Sénior Attorney Fla. Bar No. 270644 Agency for Health Care Administration Palmer Building, HCCU, MSC #53 2727 Mahan Drive Tallahassee, FL 32308-5407 (850) 488-0215 (office) (850) 488-5897 (fax)

Docket for Case No: 05-004666