STATE OF FLORIDA Seles tig oh on nig AGENCY FOR HEALTH CARE ADMINISTRATION mi OA Heo FLORIDA’S BEST HOME HEALTH & «4 REFERRAL, INC., & tf Sa “sy a Ly ” £ Petitioner, 4.2 v ) ‘ 4) DOAH No: 06-3730. “Yih, “Oy Vs. AHCA No: 2006008279 igo, 2 ap ing 2p ae on , Sp STATE FLORIDA, AGENCY FOR 77 ‘GS ton HEALTH CARE ADMINISTRATION, < Respondent / FINAL ORDER The Agency for Health Care Administration has entered into a Settlement Agreement with _ the parties to these proceedings, and: THEREFORE, it is ORDERED that: 1. 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. 2. The above styled case is hereby closed. DONE and ORDERED at Tallahassee, Leon County, Florida this / day of Aauary 2007- Andrew &. Agwunobi, M.D., Secretary Agency fot Health Care Administratio: 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 PROCEEDING SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE _ NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Nelson E. Rodney, Assistant General Counsel Agency for Health Care Administration 8350 NW 52™ Terrace, Suite 103 Miami, Florida 33166 (Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 9 Tallahassee, Florida 32308 Christopher A. Parrella, Esquire Anthony C. Vitale, P.A. 799 Brickell Plaza, Suite 700 Miami, Florida 33131 Florence Snyder Rivas Administrative Law Judge Division of administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Janice Mills Intake CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was sent to the above-named addressees by U.S. Mail this “day of __CJenanry 2007 22 SE S=——<—— Richard Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive Building 3 Tallahassee, Florida 32308 (850) 922-5873 gf STATE OF FLORIDA , ie & f) AGENCY FOR HEALTH CARE ADMINISTRATION “7 Ay 5 aed », 2 FLORIDA’S BEST HOME HEALTH Ap isn, 2p 5 REFERRAL, INC., MIS OW oF CA i) y e Fe 7 a: Wiel lye Petitioner, Case No. 06-3730 FRAES No. 2006008279 vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION 0:0:-r0 000 s0neoe a Respondent, / SETTLEMENT | AGREEMENT’ _Sopiudharanp eA yas nestling So: SEARS RRA oe caleba oe Respondent, State of Florida, Agency for Health Care Administration (hereinafter the “Agency”), through its undersigned representatives, and Florida’s Best Home Health Referrals, Inc., (hereinafter “Petitioner”) agree as follows: 1. Petitioner is an applicant for a Home Health Agency license pursuant to Chapter 400, Part IIL, Florida Statutes (2006), and Chapter 59A-8, Florida Administrative Code. 2. On September 19, 2006, the Agency sent Petitioner a Notice of Intent to Deny Petitioner’s application for a license because it failed to include proof of the Petitioner’s financial ability to operate. 3. Petitioner denied the allegations raised in the notice of intent and requested a hearing pursuant to Section 120.57(1) Florida Statutes (2006). 4. The Agency agrees that the application now complies with all legal requirements, that the notice of intent to deny will be rescinded and the license renewal issued. 5. The Agency agrees that it will not impose any further penalty against Petitioner as a result of the notice of intent. This agreement does not prevent the Agency from imposing a penalty against Petitioner for any future violation of law or rule nor from recovering any Medicaid overpayments that are due or may become due. Page 1 of 3 ‘this Agreement shall be void. 6. Petitioner agrees to waive its right to all appeals and proceedings in this case including, but not limited to, an informal proceeding under Subsection 120.57(2), Florida Statutes (2006), a formal proceeding under Subsection 120.57(1), Florida Statutes (2006), an appeal under Section 120.68, Florida Statutes (2006), or any declaratory or writ of relief in any State or Federal Court, any administrative court or any court of competent jurisdiction. 7. Upon full execution of this Agreement, the Agency shall enter a final order adopting and incorporating the terms of this Agreement and closing this 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 undersigned have read and understand this Agreement. They acknowledge that . “they have had atropportunity to consult with a lawyer before signing this ‘agreement-“““""" This Agreement contains the entire understanding and agreement of the parties. 11. This Agreement supersedes any prior oral or written agreement between the parties. This Agreement may not be amended except in writing. Any attempted assignment of _ 12. Venue for any action brought to enforce the terms of this Agreement or the Final Order entered in this case shall lie in the Circuit Court in Leon County, Florida 13. Petitioner 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 agreement, by or on behalf of Petitioner or related facilities. 14. This Agreement is binding upon all parties herein and those identified in the foregoing paragraph. Page 2 of 3 soley wen EMH ee Vec 20 2006 3:30PM ANTHONY C.VITALE, P.A. 3053595113 p.4 DEC-28-2086 14:37 AHCA LEGAL DEPARTMENT P.04 The following representatives hereby acknowledge that they are duly authorized to enter into this Agreement. DATED. o[16] 20 Z DATED J) (U/CE William H. Roberts Acting General Counsel Agency foy Health Care Administration Agency for Health Care Administration DATED_/Z/Z0/ Ob _ DATED_[ 2720 foo . Christopher A. Parrella, Esq. Senior Attomey Attomey for Petitioner Agency for Health Care Administration Page 3 of 3 TOTAL P.@4

Docket for Case No: 06-003730