STATE OF FLORIDA grag pop AGENCY FOR HEALTH CARE ADMINISTRATION? Ak Rd oO A The D 0b NOY-b Aq gee hei 73 Alie34 MAYA HOME HEALTH CARE CORPORATION nivision oF poy Oia fas y Petitioner, ais fot nally E AHCA No.: 2006006295 vs: DOAH No.: 06-2810 STATE OF FLORIDA, AGENCY FOR HEALTH RENDITION NO.: AHCA-06-038/7 -S-OLC CARE ADMINISTRATION, Respondent. _/ FINAL ORDER 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, adopted and made a part of this Final Order. The parties are directed to comply with the terms of the Stipulation and Settlement Agreement. 2. The Agency agrees to withdraw its Notice of Intent to Deny. Petitioner agrees that its Director of Nursing shall work full time for Maya Home Health Care Corporation and shall not hold any other full time job. 3. The above-styled case is hereby closed. J : DONE and ORDERED this day of , 2006, in Tallahassee, Leon County, Florida. Mewes Big fo Christa Calamas, Se ar 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: Lourdes A. Naranjo, 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 Bldg #1 Mail Stop Code #9 Tallahassee, Florida 32308 (Interoffice Mait) Jean Lombardi Finance & Accounting Agency for Health Care Administration 2727 Mahan Drive Mail Stop Code #14 Tallahassee, Florida 32308 (Interoffice Mail) Ww 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) Jay Adams, Esq. Broad and Cassel 215 South Monroe Street Suite 400 Tallahassee, Florida 32302 (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 73° day of Miye-tbe™ , 2006, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308 (850) 922-5873 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS MAYA HOME HEALTH CARE __ ) Zh HOY -b A Il CORPORATION, ) SIVISION OF ) ADREIRISTRATIVE Petitioner, ) HEARINGS ) vs. ) CASE NO. 06-2810 . ) AHCA #2006006295 AGENCY FOR HEALTH CARE) ADMINISTRATION, ) ) Respondent. ) ) STIPULATION AND SETTLEMENT AGREEMENT The Agency for Health Care Administration (hereinafter the "Agency"), by and through its undersigned representatives, and Maya Home Health Care Corporation (hereinafter, “Maya”), by and through its undersigned counsel, each individually a "party" and collectively "parties," hereby enter into this Stipulation and Settlement Agreement ("Agreement") pursuant to Sec. 120.57(4), Florida Statutes, and agree as follows: WHEREAS, Maya applied to the Agency for initial licensure as a home health agency; and, WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing authority over home health agencies pursuant to Chapter 400, Part IV, Florida Statutes; WHEREAS, the Agency served Maya with a Notice of Intent to Deny Maya’s application for initial licensure as a home health agency due to issues related to the ability of the Director of Nursing/Alternate Administrator, Margarita Nunez, to serve in those TLH1\HEALTHM 130151 3818 1/0001 8/16/2006 11:06 AM capacities for Maya while also remaining employed in a supervisory capacity with a hospital; and, WHEREAS, Maya timely requested a formal administrative hearing on these matters by filing a Petition for Formal Administrative Hearing; WHEREAS, the parties have agreed that a fair, efficient, and cost effective resolution of these disputes would avoid the expenditure of substantial sums to litigate the disputes; 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. NOW THEREFORE, in consideration of the mutual promises and recitals herein, the parties intending to be legally bound, agree as follows: 1. All recitals in the whereas clauses above are true and correct, expressly incorporated herein, and are binding findings of the parties. 2. Upon full execution of this Agreement, Maya agrees to a withdrawal of its petition for formal administrative proceedings, agrees to waive any objection to the form of the Final Order (findings of fact and conclusions of law) to which it otherwise may be entitled, and to waive any further state administrative action in these matters, including but not limited to, any informal proceeding under Subsection 120.57(2), Florida Statutes, any formal proceeding under Subsection 120.57(1), Florida Statutes, any appeal under Section 120.68, Florida Statutes; and any action for declaratory or other relief in any court or quasi-court (DOAH) of competent jurisdiction; provided however, no agreement herein shall be deemed to be a waiver by either party of its right to judicial enforcement of this stipulation. TLHA\HEALTHI143015,4 38181/0001 B/16/2008 11:06 AM 3. Maya agrees that its Director of Nursing will work full time for Maya and shall not hold any other full time job. Margarita Nunez shall resign as a supervisor of a hospital and shall work full time for Maya only upon receipt of Maya’s license as a home health agency. Ms. Nunez’ successors shall also work full time for Maya and shall not hold any other full time job. This provision is an essential element of this settlement and shall be a condition of licensure in the event that Maya otherwise meets all of the conditions and requirements for initial licensure as a home health agency. 4. The Agency agrees to withdraw its Notice of Intent to Deny and shall deem Maya’s application for initial licensure to be active. This provision does not prevent the Agency from again issuing an Intent to Deny Maya’s application for initial licensure if the Agency finds that Maya does not otherwise meet the conditions or requirements for licensure. 5. This Agreement does not and shall not constitute an admission by Maya of any noncompliance with regulatory or statutory requirements or any liability based on any noncompliance while the Agency asserts the validity of its allegations. Moreover, this Agreement does not and shall not constitute an admission by either party in any other regard. 6. 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. 7. Upon full execution of this Agreement, the Agency shall enter a Final Order adopting and incorporating the terms of this Agreement and closing the above- styled case. TLHi\HEALTH\113015.1 3B187/0001 5/46/2006 11:06 AM 8. Each party shall bear its own costs and attorney fees in this matter. 9. This Agreement shall become effective on the date upon which it is fully executed by all the parties. 10. Maya, 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 ail 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 Maya Home Health Care Corporation or related facilities. 11. The Agency for Health Care Administration, does hereby discharge Maya 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 Agency for Health Care Administration, other than Maya’s express obligations under this agreement. 12. This Agreement is binding upon all parties herein and those identified in the two previous paragraphs of this Agreement. TLHAHEALTH\173015.1 38181/0001 6/16/2006 11:06 AM 13. The undersigned have read and understand this Agreement and have authority to bind their respective principals to it. 14, This Agreement contains the entire understandings and agreements of the parties. 15. This Agreement supersedes any prior oral or written agreements between the parties. TLHINHEALTH\113015,1 381B1/0001 8/16/2006 11:06 AM 16. This Agreement may not be amended except in writing. Any attempted assignment of this Agreement shall be void. The representatives below hereby acknowledge that they are duly authorized to enter into this Agreement. ae Dudek “ Z Deputy Secretary Division of Health Quality Assurance Agency for Health Care Administration 2727 Mahan Dr., MSC 9 Tallahassee, FL 32308 DATED: My a ee ~ William Roberts, Esquire Acting General Counsel Agency for Health Care Administration 2727 Mahan Dr., MSC 3 Tallahassee FL 32308 1131/0 DATED: TLHt\HEALTHI113015.1 38181/0001 6/16/2006 11:06 AM la, ( hams Jay Adams Ree Petitioner Florida Bar No. 341819 Broad and Cassel 215 8. Monroe Street, Ste. 400 Tallahassee, FL 32301 S:/16-O6 DATED: urdes A, Naranjo, Esquire Florida Bar No. 997315 Assistant General Counsel Agency for Health Care Administration 8350 N.W. 52” Terrace, Suite #103 Miami, FL 33166 G-17- 06 DATED:

Docket for Case No: 06-002810