Petitioner: LOVABLE HOME HEALTH SERVICES, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: ERROL H. POWELL
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Mar. 14, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 19, 2008.
Latest Update: Sep. 09, 2024
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and Withdrawn from Further Review, dated February 7, 2008, attached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
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Docket for Case No: 08-001308
Issue Date |
Proceedings |
Jul. 25, 2008 |
Final Order filed.
|
Jun. 19, 2008 |
Order Closing File. CASE CLOSED.
|
Jun. 17, 2008 |
Joint Motion to Relinquish Jurisdiction filed.
|
May 14, 2008 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for July 16, 2008; 9:00 a.m.; Miami and Tallahassee, FL).
|
May 13, 2008 |
Motion for Continuance filed.
|
Apr. 02, 2008 |
Order of Pre-hearing Instructions.
|
Apr. 02, 2008 |
Notice of Hearing by Video Teleconference (hearing set for June 4, 2008; 9:00 a.m.; Miami and Tallahassee, FL).
|
Mar. 26, 2008 |
Response to Initial Order filed.
|
Mar. 17, 2008 |
Initial Order.
|
Mar. 14, 2008 |
Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review filed.
|
Mar. 14, 2008 |
Petition for Formal Administrative Hearing filed.
|
Mar. 14, 2008 |
Notice (of Agency referral) filed.
|