STATE OF FLORIDA irene AGENCY FOR HEALTH CARE ADMINISTRATION gave 8 ony TIME TO CARE LLC, MAUL A PR 2b Petitioner, VS. ; AHCA No.: 2006004973 ; DOAH No.: 06-2388 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Eye. : ake. c : Respondent. ; Aga ett =a. ~ bon a Bro or moe YY Soe , QE @ ve FINAL ORDER om o The State of Florida, Agency for Health Care Administration, having entered into a Stipulation and Settlement Agreement with the parties to these proceedings, and being otherwise well advised in the premises, finds and concludes as follows: It is ORDERED that: 1. The attached Stipulation and Settlement Agreement is approved and adopted as part of this Final Order. The parties are directed to comply with the terms of the Stipulation and Settlement Agreement. 2, Subsequent to being served with the Petitioner’s request for a Formal Hearing, AHCA was. provided with information that demonstrated Petitioner’s practical administrative and supervisory experience required for the administrator position, which renders this case moot. — 3. The above-styled case is hereby closed. DONE and ORDERED this pray of Vfepsbece? , 2006, in Tallahassee, Leon County, Florida. Christa Calamas, Secretary Agency for Health. Care Administration 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. Copies furnished to: Alba M. Rodriguez, Esq. Assistant General Counsel Agency for Health Care Administration . 8350 N. W. 52 Terrace - Suite 103 Miami, Florida 33166 (Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive Bidg #1 Mail Stop Code #9 Tallahassee, Florida 32308 (Interoffice Mail) Jean Lombardi Finance & Accounting Agency for Health Care Administration 2727 Mahan Drive Mail Stop Code #14 Tallahassee, Florida 32308 (Interoffice Mail) Janice Mills Intake Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice Mail) J. D. Parrish | Administrative Law Judge Division of Administrative Hearings ' 1230 Apalachee Parkway Tallahassee, Florida 32399 (U. S. Mail) Dale R. Simon Administrator Time to Care LLC 6448 Emerald Breeze Way Boynton Beach, Florida 33437 (U.S. Certified Mail) CERTIFICATE OF SERVICE ~ - I HEREBY CERTIFY that a true copy of the foregoing was mailed to the above-named addressees on this = Aay of Jaber , 2006. Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 eee ~ ‘Tallahassee, Florida 32303 (850) 922-5873 STATE OF FLORIDA g = DIVISION OF ADMINISTRATIVE HEARINGS FILED 70th NOV 22 A iO 58 DIVISION OF ADMINISTRATIVE HEARINGS TIME TO CARE, LLC, Petitioner, vs. DOAH CASE NO. : 06-2388 AHCA NO. : 2006004973 STATE OF FLORIDA, AGENCY FOR HEALTH CARE AMINISTRATION, Respondent. / STIPULATION AND SETTLEMENT AGREEMENT Respondent, State of Florida, Agency for Health Care Administration (hereinafter the “Agency”), by and through their undersigned representatives, and Petitioner, Time to Care, LLC (hereinafter Petitioner”), pursuant to Sec. 120.57(4), Florida Statutes (2004) each individually, a “party”, collectively as “parties,” hereby enter into this Stipulation and Settlement Agreement (“Agreement”) and agree as follows: WHEREAS, the Petitioner is an applicant for nurse registry licensure pursuant to Chapter 400, Part IV, Florida Statutes (2005), and Rule 59A-18, Florida Administrative Code, (2004); and. WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing authority over licensure of home health agencies pursuant to Chapter 400, Florida Statutes; and WHEREAS, the Agency served the Petitioner with a Notice of Intent to Deny on or about June 8, 2006, notifying the party of its intent to deny Petitioner’s initial application for a nurse registry license; and WHEREAS, the Petitioner petitioned for formal administrative hearing by petition filed | | on or about June 16, 2006; 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: 1. 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 patties. 3. Upon full execution of this Agreement, Petitioner agrees to a withdrawal of its Petition for Formal Administrative Proceedings; agrees to waive any and all appeals and proceedings to which it may be entitled including, but not limited to, an informal proceeding under Subsection 120.57(2), a 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; and agrees to waive compliance with the form of the Final Order (findings of fact and conclusions of law).to which it may-be-entitled. Provided, however, that no agreement herein, shall be deemed a waiver by either party of its right to judicial enforcement of this stipulation. 4, Upon full execution of this agreement, the parties agree to the following: a. The Notice of Intent to Deny is deemed withdrawn. The Petitioner’s petition for Formal Administrative Proceedings is deemed withdrawn. That upon execution of this Settlement Agreement by the Petitioner the application for nurse registry licensure will be deemed submitted and the 60-day time period in which the Agency must take final action on the initial licensure will commence. Nothing in this Agreement shall prohibit the Agency from denying Petitioner’s application for licensure based upon any statutory and/or regulatory provision, including, but not limited to, the failure of Petitioner to satisfactorily complete a survey reflecting compliance with all statutory and rule provisions as required by law. 5. Venue for any action brought to enforce the terms of this Agreement or the Final ‘Order entered pursuant hereto shall lie in the Circuit Court in Leon County, Florida. 6. By executing this Agreement, the Petitioner neither admits nor denies the allegations raised in the Notice of Intent to Deny referenced herein. 7. Upon full execution of this Agreement, the Agency shall enter a Final Order adopting and incorporating the terms of this Agreement and dismissing the above-styled case. 8. Each party shall bear its own costs and attorney’s fees. 9. This Agreement shall become effective on the date upon which it is fully executed by all the parties. 10. The 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 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 agreement, by or on behalf of the Petitioner or related facilities. 11.‘ This Agreement is binding upon all parties herein and those identified in the aforementioned paragraph ten of this Agreement. 12. The undersigned have read and understand this Agreement and have authority to bind their respective principals to it. Petitioner’s representative has the capacity to execute this stipulation and has done so without the advice of counsel. The Petitioner understands that it has the right to consult with counsel and has knowingly and freely entered into this stipulation without exercising its right to consult with counsel. The Petitioner affirms that it understands that counsel for the Agency represents solely the Agency and Agency counsel has not provided legal advice to or influenced the Petitioner in its decision to enter into this stipulation. 13. This Agreement contains the entire understandings and agreements of the parties. The Remainder of This Page Intentionally Left Blank 14. This Agreement supersedes any prior oral or written agreements between the parties, i i 15. This Agreement may not be amended except in writing. Any attempted assignment of this Agreement shall be void. All parties agree that a facsimile signature suffices for an original signature. 16. The following representatives hereby acknowledge that they are duly authorized ta enter into this Agreement. Elizabeth Dudek Deputy Secretary Managed Care and Health Quality Assurance 2727 Mahan Drive Tallahassee, Florida 32308 DATED: MW LA md a William R. Roberts, Esq. Acting General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 DATED: wW/isPae gid Dale R. Simon Administrator Time to Care, LLC 6448 Emerald Breeze Way. Boynton Beach, Florida 33437 patep:_#//2/0€ Alba M. Aarne, oA a) i Assistant General Counsel Agency for Health Care Administration 8350 NW 52" Terrace, Suite 103 Miami, Florida 33166 DATED: 212 lot dgL:eo 90 Zt Inr

Docket for Case No: 06-002388