STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION LOVABLE HOME HEALTH SERVICES, INC., Petitioner, vs. Case No.: 2008001467 08-1308 RENDITION NO.: AHCA-08-(X04p -S-OLC STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / FINAL ORDER Having reviewed the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review, dated February 7, 2008, attached hereto and incorporated herein (Ex. 1), and all other matters of record, the Agency for Health Care Administration (“Agency”) has entered into a Settlement Agreement (Ex. 2) with the other party to these proceedings, and being otherwise well-advised in the premises, finds and concludes as follows: ORDERED: 1. The attached Settlement Agreement is approved and adopted as part of this Final Order, and the parties are directed to comply with the terms of the Settlement Agreement. 2. Petitioner shall pay an administrative fee in the amount of fifty dollars ($50.00). The administrative fee is due and payable within thirty (30) days of the date of rendition of this Order. 3. Checks should be made payable to the “Agency for Health Care Administration.” The check, along with a reference to this case number should be sent directly to: Agency for Health Care Administration Office of Finance and Accounting Revenue Management Unit 2727 Mahan Drive, MS# 14 Tallahassee, Florida 32308 4. Unpaid fees pursuant to this Order will be subject to statutory interest and may be collected by all methods legally available. 5. . Petitioner’s petition for formal administrative proceedings is hereby dismissed. 6. Each party shall bear its own costs and attorney’s fees. 7. The above-styled cases are hereby closed. DONE and ORDERED this -Z22day of Luke s , 2008, in Tallahassee, Leon County, Florida. Holly Bens Agency for , Secretary lealth 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 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 OF PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Manuel R. Lopez, Esq. Manuel R. Lopez & Associates, P.A. 770 Ponce de Leon Boulevard Penthouse Suite Coral Gables, Florida 33134 (U. S. Mail) Andrea M. Lang, Esq. Assistant General Counsel Agency for Health Care Administration 2295 Victoria Avenue, Room 346C Ft. Myers, Florida 33901 (Interoffice Mail) Finance & Accounting Agency for Health Care Administration Revenue Management Unit 2727 Mahan Drive, MS #14 Tallahassee, Florida 32308 (Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive, Bldg #1, MS #9 Tallahassee, Florida 32308 (Interoffice Mail) Jan Mills Agency for Health Care Administration 2727 Mahan Drive, Bldg #3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail) Karen Rivera Laboratory Unit Manager Agency for Health Care Administration 2727 Mahan Drive, MS #28 Tallahassee, Florida 32308 (Interoffice Mail) Errol! H. Powell, Administrative Law Judge Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (U.S. Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named person(s) and entities by U.S. Mail, or the method designated, on this the By day of Ser , 2008. Richard Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5873 FLORIOA AGENCY FOR HEALTH CARE ADMINSTRATION CHARLIE CRIST ANOREW C. AGWUNOBI, M.D. GOVERNOR SECRETARY February 7, 2008 Certified Article Number 7460 3901 9845 4793 4093 Lovable Home Health Services Corp. 848 Brickell Avenue, Suite 630 SENDERS RECORD Miami, Florida 33131 . License/File Number: 800020491 Case #: 2008001467 NOTICE OF INTENT T0 DEEM APPLICATION INCOMPLETE AND WITHDRAWN FROM FURTHER REVIEW Your application for renewal is deemed incomplete and withdrawn from further consideration pursuant to Section 408.806(3)(b), Florida Statutes. Section 408.806(3)(b), F.S. contains the following language: Requested information omitted from an application for licensure, license renewal, or change of ownership. other than an inspection, must be filed with the agency within 21 days after the agency's request for omitted information or the application shall be deemed incomplete and shall be withdrawn from further consideration and the fees shall be forfeited. You were notified by correspondence dated April 30, 2007 to provide further information addressing identified apparent errors or omissions within twenty-one days from the receipt of the Agency’s correspondence. Our records indicate you received this correspondence by certified mai) on May 2, 2007. As the following information was recevied within required timeframes but incomplete, your application is deemed incomplete and withdrawn from further consideration: Refer to enclosed copy of omission letter dated April 30, 2007. EXPLANATION OF RIGHTS Pursuant to Section 120.569, F.S., you have the right to request an administrative hearing. In order to obtain a formal proceeding before the Division of Administrative Hearings under Section 120.57(1), F.S., your request for an administrative hearing must conform to the requirements in Section 28-106.201, Florida Administrative Code (F.A.C), and must state the material facts you dispute. EXHIBIT tabbies* Visit AHCA online at 2727 Mahan Drive, MS# 32 http://ahca.myHorida.com Tallahassee, Florida 32308 SEE ATTACHED ELECTION AND EXPLANATION OF RIGHTS FORMS. Agency for Hea ‘are Administration By: Karen Rivera, Manager Laboratory Unit ce: Agency Clerk, Mail Stop 3 Legal Intake Unit, Mail Stop 3 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION RE: Lovable Home Health Services Corp. CASE NO: 2008001467 ELECTION OF RIGHTS This Election of Rights form is attached to a proposed Notice of Intent to Deem Incomplete and Withdraw from Further Review of the Agency for Health Care Administration (AHCA). The title may be Notice of Intent to Deem Incomplete and Withdraw from Further Review or some other notice of intended action by AHCA. An Election of Rights must_be returned by mail or by fax within 21 days of the day you receive the attached Notice of Intent to Deem Incomplete_and Withdraw from Further Review or any other proposed action by AHCA. If an Election of Rights with your selected option is not received by AHCA within twenty- one (21) days from the date you received this notice of proposed action, you will have given up your right to contest the Agency’s proposed action and a final order will be issued. (Please reply using this Election of Rights form unless you, your attorney or your representative - prefer to reply according to Chapter 120, Florida Statutes (2006) and Rule 28, Florida Administrative Code.) Please return your ELECTION OF RIGHTS to: Agency for Health Care Administration Attention: Agency Clerk 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 Phone: (850) 922-5873 Fax: (850) 921-0158 PLEASE SELECT ONLY 1 OF THESE 3 OPTIONS: OPTION ONE (1) I admit to the allegations of facts and law contained in the Notice of Intent to Deem Incomplete and Withdraw from Further Review, or other notice of intended action by AHCA and | waive my right to object and have a hearing. I understand that by giving up my right to a hearing, a final order will be issued that adopts the proposed agency action and imposes the proposed penalty, fine or action. OPTION TWO (2)__ I admit to the allegations of facts contained in the Notice of Intent to Deem Incomplete and Withdraw from Further Review, or other proposed action by AHCA, but J wish to be heard at an informal proceeding (pursuant to Section 120.57(2), Florida Statutes) where I may submit testimony and written evidence to the Agency to show that the proposed administrative action is too severe or that the fine should be reduced. OPTION THREE (3)_____ I dispute the allegations of fact contained in the Notice of Intent to Deem Incomplete and Withdraw from Further Review or other proposed action by AHCA, and I request a formal hearing (pursuant to Section 120.57(1), Florida Statutes) before an Administrative Law Judge appointed by the Division of Administrative Hearings. PLEASE NOTE: Choosing OPTION THREE (3), by itself, is NOT sufficient to obtain a formal hearing. You also must file a written petition in order to obtain a formal hearing before the Division of Administrative Hearings under Subsection 120.57(1), Florida Statutes. It must be received by the Agency Clerk at the address above within 21 days of receipt of this proposed administrative action. The request for formal hearing must conform to the requirements of Rule 28-106.201, Florida Administrative Code, which requires that it contain: 1. The name and address of each agency affected and each agency’s file or identification number, if known; 2. Your name, address, and telephone number, and the name, address, and telephone number of your representative or lawyer, if any; 3. Anexplanation of how your substantial interests will be affected by the Agency's proposed action; 4. A statement of when and how you received notice of the Agency’s proposed action; 5. A statement of all disputed issues of material fact. If there are none, you must state that there are none; 6. Aconcise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the Agency’s proposed action; 7. A statement of the specific rules or statutes you claim require reversal or modification of the Agency’s proposed action; and 8. A statement of the relief you are seeking, stating exactly what action you wish the Agency to take with respect to its proposed action. (Mediation under Section 120.573, Florida Statutes, may be available in this matter if the Agency agrees.) License type: Clinical Laboratory License number: 800020491 Licensee Name: Lovable Home Health Services Corp. Contact person: Name Title Address: Street and number City Zip Code Telephone No. __Fax No. Email (optional). I hereby certify that I am duly authorized to submit this Notice of Election of Rights to the Agency for Health Care Administration on behalf of the licensee referred to above. Signed: CC CCé@B atte: Print Name: Tithe:__ “Certified Article ‘Number. "3 7160 3101 1645 o420 arel _. SSENDERS‘RECORD. FLOR CA AGENCY FOR HEALTH CARE AQMINISTRATION, / CHARI JE CRIST : ANDREW C. AGWUNOSBI, M.0. GOVERNOR SECRETARY Apri] 30, 2007. Certified Mail ANTONIO PEREZ LOVABLE HOME HEALTH SERVICES CORP 848 BRICKELL AVE STE 630 MIAMI, FL 33131 RE: license # 800020491 Dear Laboratory Services Provider: This letter is to acknowledge receipt of your application for your Clinical Laboratory. After review it was found to be incomplete. Applicants for licensure receive only one omission letter describing the corrections, omissions or revisions needed to deem the application complete. If the response to this omission letter does not satisfactorily address what is cutlined below, the application will be denied. Therefore, pursuant to section 120.60(1), Florida Statutes. no further action can be taken until the following is received: Complete and return the enclosed Health Care Licensing Application. This form ts also available at this site: http://ahca.myflorida.com/MCHOQ/Corebill/index.shim). This form was submitted incompletc. Please be sure to include owner information in section #2-A. Complete and return the enclosed Health Care Licensing Application Addendum. This form is also available at: bttp://ahca.myflorida.com/MCHO/CorebilVindex,shtml. The information on this form should match the information on the Health Care Licensing Application. Please be sure to include all Social Security Numbers. Please sead the requircd information, with a copy of this Jetter, na Jater than 21 days from the receipt of this letter to: Agency for Health Care Administration Laboratory Unit Mail Stop 32 2727 Mahan Drive Tallahassee, FL 32308 FLORIDA 2727 Mahan Drive, MS#432 COMPARE GARE Visit AHCA online at Tallahassee, Florida 32308 Health Care in the Sunshine nttp:v/ahca myflorida com www. FloridaCo npareCare.gov LOVABLE HOME HEALTH SERVICES CORP Page 2 April 30, 2007 If the applicant fails to submit all the information required in the application within 21 days of this letter, the application will be denied and the fees shall be forfeited as required in subsection 408.306(3)(b), Florida Statutes. If you have any questions regarding this letter, please contact me at (850)414-0340. Sincerely, Af Rath Apri} Scott, MLT (ASCP) ~ Biological Scientist HI Laboratory Licensure Unit STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS LOVABLE HOME HEALTH SERVICES, INC., Petitioner, vs. Case No.: 2008001467 08-1308 STATE OF FLORIDA, AGENCY FOR HEALTH CARE AMINISTRATION, Respondent. ef SETTLEMENT AGREEMENT Respondent, State of Florida, Agency for Health Care Administration (hereinafter the “Agency”), through its undersigned representatives, and Petitioner, Lovable Home Health Services, Inc. (hereinafter “Petitioner”), pursuant to Section 120.57(4), Florida Statutes, each individually, a “party,” collectively as “parties,” hereby enter into this Settlement Agreement (Agreement”) and agree as follows: WHEREAS, the Petitioner is a clinical laboratory licensed pursuant to Chapter 483, Part I, Florida Statutes and Chapter 59A-7, Florida Administrative Code; and . WHEREAS, the Agency has jurisdiction by virtue of being . the regulatory and licensing authority over licensure of Petitioner; and EXHIBIT 2 tabbies* WHEREAS, the Agency served the Petitioner with a Notice of Intent to Deem Application Incomplete and Withdrawn From Further Review, notifying the Petitioner of its intent to withdraw its application from further review; 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 stipulate to the adequacy of considerations exchanged; and WHEREAS, the parties have negotiated in good faith 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 parties. 3. Upon full execution of this Agreement, Petitioner agrees to waive any and all proceedings and appeals 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 further 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 Agreement. 4. Upon full execution of this Agreement, the parties agree to the following: a. The Petitioner shall remit to the Agency, within thirty (30) days of the entry of a Final Order adopting this Agreement, an Administrative fee in the sum of Fifty Dollars ($50.00). b. The Notice of Intent to Deem Application Incomplete and Withdrawn From Further Review is deemed superseded by this agreement. c. Upon the full execution of this Agreement, the Agency shall resume processing Petitioner’s application. d. 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 interpret, challenge or enforce the terms of this Agreement or the Final Order entered pursuant hereto shall lie solely 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 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 closing the above-styled case(s). 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 and its agents, representatives, and attorneys of 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 or resulting organizations. 11. This Agreement is binding upon all parties herein and those identified in the aforementioned paragraph of this Agreement. 12. In the event that Petitioner is or was a Medicaid provider, this settlement does mot prevent the Agency from seeking Medicaid overpayments or from imposing any sanctions pursuant to Rule 59G-9.070, Florida Administrative Code. 13. 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 Agreement. 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. This Agreement may not be amended except in writing. Any attempted assignment of this Agreement shall be void. 16. All parties agree that a facsimile signature suffices for an original signature. Elizabeth Dudek : Antonio Perez HQA, Deputy Secretary Administrator Agency for Health Care Administration | Lovable Home Health Services 2727 Mahan Drive, Bldg #1 848 Brickell Avenue, Suite 630 Tallahassee, Florida 32308 Miami, Florida 33131 DATED: DATED: _. 06/17/2088 18:35 3054469411 PAGE Jun. 10 2288 @1:37PM Pe FROM 2182 Degrees Rehab FAX NO, 73056719378 Weve" He WL. NUH ; : 7-386 PARG/Ae7 F-S52 a 11. This Agreement Is binding upon all parties herein and those identified In the aforementioned paragraph of this Agreement. 12, In the event that Petitioner is of was a Medicaid provider, this settiament does not prevent the Agency from secking Medicaid overpayments or from Imposing any santtions pursuant to Ruie 59G-9.070, Florida Administrative Code, 13. ° The undersigned have read and undaretand this Agreement and have authority t bind their respective principals to it, ' Petitioner's representative has the capacity to execute this Agreement. 14. This Agreemect contains the entire understan dings and agrearnents of the parties, 415. This Agreement supersedes any prior oral or written agreements petween the parties. ‘This Agreement may not be amended except in _ writing, Any attempted assignment of this Agreament anall be vold. 16. All parties agree that a faceimile signature suffices for an original signature, Ellzabety Dudek Antonio Peraz HOA, Deputy Secretary Administrator — Age Heaith Care Administration Livable Home Health Services 2727 Mahan Drive, Bidg #1 848 Brickell Avenue, Sulit: 630 Tallahassee, Florida 32308 Miami, Florida 33134 DATED: Tea lzas DATED: 1 Sd WORE: z * 88 Gaee Bt “uns QLEGTLES@R: ‘ON XYZ Qtyey seau85q BOT: un Craig H. Smith, General Counsel Florida Bar No. 96598 Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 DATED: Manuel R. Lopez, Esq. Florida Bar No. 990396 Attorney for Petitioner Manuel Lopez and Associates, P.A. 770 Ponce De Leon Boulevard, Penthouse Miami, Florida 33134 DATED: CAH 3 er Mm. Andrea M. Lang, Esq. Florida Bar No. 364568 Agency for Health Care Administration 2295 Victoria Avenue, Room 346C Ft. Myers, Florida 33901 DATED: Gy 2-2) Of , 06/17/2008 10:35 _ 3054469411 ee we UU Be ae row" Craig H. S neral Counsel Florida Bar No. 96598 Agancy for Health Care Administration 2727 Manen Drive, Mail Stop #3 Tallahassee, Florida 32308 pateo; 2:20-0F Tas fanuel R. Lope: . Florida Bar No, 990 96 attorney for Petitioner Manuel Lopez and Associates, PA. FROG Ulruer T3660 PeO7/027 F252 ——— an Andras M. Lang, £94. Fortda Bar NO. 364566. Agency for Health Care Administration 2205 Victoria Avanve, Room 346C Ft. Myers, Florida 33901 RATED: 770 Ponce Da Leon Boulevard, Penthouse Miami, Florida 33134 ovr: Ge [2B dd WhEr:60 GO02 Or “unt 2 FURS TA GRAD AT “LMA GLNBTZRSBE: “ON xud AICETIACAS: Suey wes46aq BET! 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Docket for Case No: 08-001308