Jan 22 2008 15:53 JAN-22-2088 16:16 AHCA LEGAL DEPARTMENT STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS TRUST CARE HEALTH SERVICES, INC., Petitioner, Case No.: 07-5660 Vv. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Raspondent . ADMINISTRATIVE COMPLAINT COMES NOW the Agency for Health Care Administration (“AHCA”), by and through the undersigned counsel, and files this Administrative Complaint against Trust Care Health Services, Inc. (hereinafter “Trust Care”), pursuant to Chapter 408.806, and Section 120.60, Florida Statutes, (2007), and alleges: NATURE OF THE ACTION 1. This is an action to deny the change of ownership application submitted by Respondent on August 10, 2007 pursuant to Section 408.815(1) (e), Florida Statutes (2007). JURISDICTION AND VENUE Jan 22 2008 15:53 JAN-22-2088 16:16 AHCA LEGAL DEPARTMENT 2. This Court has jurisdiction pursuant to Sections 120.569 and 120.57, Florida Statutes, and 28-106, Florida Administrative code. 3. Venue lies in Miami-Dade County, pursuant to Section 120.57, Pla. Stat. and Rule 28-106.207, Florida Administrative Code. PARTIES 4. AHCA is the regulatory authority responsible for licensure and enforcement of all applicable statutes and rules governing home health agencies, pursuant to Chapter 400, Part {TII, Florida Statutes (2007), Chapter 408, Florida Statutes (2007) and Chapter 59A-8, Florida Administrative Code. 5. Trust Care Health Services, Ine. filed an application for change of ownership with the Agency for Health Care Administration on August 10, 2007 to operate a home health agency. COUNT I TRUST CARE FAILED TO MEET THE CRITERIA FOR APPROVAL OF A CHANGE OF OWNERSHIP Section 408.815(1) (e), Florida Statutes (2007). 6. AHCA re-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 7, It is admitted by Respondent that Robert Marrero wag an officer of All Med network on and about May 16, 2006. (Exhibit 1) Jan 22 2008 15:53 JAN-22-2088 16:16 AHCA LEGAL DEPARTMENT 8. Tt is admitted that All Med Network Corporation was terminated from Medicare participation on or around May 16, 2006. (Exhibit 1) 9. It is admitted that Robert Marrero is a “controlling interest” (as defined in Chapter 408.803(7)) Florida Statutes (2007) of Trust Care Health Services, Inc. (Exhibit 1). . 10. As an officer, Robert Marrero wag a controlling interest of All Med Network Corporation. 11. Chapter 408.815(1) (e) states that grounds that may be used by the agency for denying and revoking a license or change of ownership application include any of the following actions by a controlling interest: “the applicant, licensee, or controlling interest has been or is currently excluded, suspended, or terminated from participation in the state Medicaid program, the Medicaid program of any other state, or the Medicare program.” 12. Based on the foregoing, Trust Care’s change of ownership application can be denied pursuant to Section 408.815(1) (e), Florida Statutes (2007). PRAYER FOR RELIEF WHEREFORE, the Respondent, State of Florida Ageney for Health Care Administration requests the following relief: A, Make factual and legal findings in favor of the Agency on Count I. Jan 22 2008 15:59 JAN-22-2688 16:17 AHCA LEGAL DEPARTMENT B. Deny the Petitioner’s change of ownership application pursuant to Section 408.815 (1) (e), Plorida Statutes (2007). Cc. Grant such other relief as this Court deems is just and proper. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been furnished by fax and U.S. Mail to the following qualified representative on this 7” day of January 2008: Christopher A. Parrella, J.D., CHC, CPC. The Health Law Offices of Anthony C. Vitale, P.A. 2333 Brickell Avenue, Suite A-1 Miami, Florida 33129 Nelson E. Rodney, Esquire Assistant General Counsel Agency for Health Administration Spokane Building #103 8350 N.W. 52nd Terrace Miami, Florida 33166 (305) 470-6802 Jan 22 2008 15:59 JAN-22-2688 16:17 AHCA LEGAL DEPARTMENT P.18 ‘STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS TRUST CARE HEALTH SERVICES, INC., Petitioner, Case No.: 07-5660 ve. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. ESPONDENT'S FIRST SET OF ADMISSIONS COMES NOW the Agency for Health Care Administration, the Respondent, by and through the undersigned counsel, and requests that Petitioner, admit the truth of the facts requested within the time permitted by Rules 1.370 Florida Rules of Civil Procedure, and Rule 28-106.206, F.A.C, TR NS FOR COM THE ADMISSIONS Please admit the truth of the information set forth in the following paragraphs. Please note that the matter is admitted unless you serve a written answer or objection addressed to the matter within 30 days after service of the request or such shorter ar longer. time as the court may allow. If objection is made, you must state the reasons. Your answer shall specifically deny, the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that you qualify an answer or deny only a part of the matter of which an adrnission is requested, you must specify so much of it as is true and qualify or deny the remainder. You may not give lack of information or knowledge as a reason for Failure to admit or deny unless you state that you have made reasonable inguiry and that the information known or readily obtainable is insufficient to enable you to admit or deny. If you consider a matter of which an admission. has been requested to present a genuine issue for trial you may not object to the request on that ground alone. 1. Admit or deny that All Med Network Corp. was terminated from Medicare Evhibir | Jan 22 2008 15:59 JAN-22-2088 16:17 AHCA LEGAL DEPARTMENT P.ii on or around May 16, 27006. : aAamit 2. Admit or deny that All Med Network Corp. had their license revoked by the | Agency for Health Care Administration with an effective date on or about October 24,2006. ; see attached 3. Admit or deny that Robert Marrero was an officer of All Med Network Corp. on and about May 16, 2006, :Admit 4. Admit or deny that Robert Marrero is a “eontralling interest” (as defined in Chapter 408.803(7)) Florida Statutes (2007) of Trust Care Health Services, Inc. Admit ’ Petitioner's First Set of Admissions concludes with number 4. i SIGNATURE PVQcoge ST Cane TITLE © ' STATE OF FLORIDA COUNTY OF 4teAap'= «aoc Before me, personally appeared Mob Lees whese Identity is known to me by fee. Seah (type of identification) and wha, under oath, acknowledges that his/her signature appears above. Page, 2 of 3 Jan 22 2008 16:00 JAN-22-2688 16:17 AHCA LEGAL DEPARTMENT 2, Admit or Deny that All Med Natwork Corp. had their license revoked by the Agency for Health Care Administration with an effective date on or about October 24, 2006 Answer: Deny. The AHCA license was physically and voluntarily surrendered by the provider on the day of the AHCA site visit in May 2006. Jan 22 2008 16:00 JAN-22-2888 16:18 AHCA LEGAL DEPARTMENT P.i3 Answers herein are swpm to and subscribed before me this #7‘ aay of 200 f F Notary Public My Commission expires: 37 (400 3 beemcare OF SERVICE by certify that a copp of the foregoing has been fumnished by fax and U.S. Mail ta lhe following counsel on this day. of. December 2007: Christopher A. Parrella, J.D., CHG, CPC. The Health Law Offices of Anthoky C. Vitale, P.A. 2333 Brickell Avenue, Suite A-1 Miazni, Florida 33129 Nelson E. Rodney, Assistant General Couysel Agency for Health Administration Spokane Building #1063 8350 N.W: S2nd Terrace Miami, Florida 33166 (305) 470-6802 Page 3 of 3 TOTAL FP.13

Docket for Case No: 07-005660