Petitioner: BARTZOKIS, SECKLER AND RUBINSTEIN, M.D., P.L.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: JOHN G. VAN LANINGHAM
Agency: Agency for Health Care Administration
Locations: Boca Raton, Florida
Filed: Apr. 07, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 21, 2008.
Latest Update: Dec. 23, 2024
Ba
STATE OF FLORIDA... -
AGENCY FOR HEALTH CARE AD MANES R ARIK 30
BARTZOKIS, SECKLER, &
RUBINSTEIN MD PL,
EG
LERE
i) SEP 23 A % 3b
Petitioner,
vs. FRAES No.: 2008002995
CASE No.: 08-1701
STATE OF FLORIDA, AGENCY FOR RENDITION NO.: AHCA-08- C244 -S-OLC
HEALTH CARE ADMINISTRATION,
Respondent.
___/
FINAL ORDER
Having reviewed the Notice of Intent to Deem Application Incomplete
and Withdrawn from Further Review, dated March 10, 2008, attached hereto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. Each party shall bear its own costs and attorney’s fees.
3. The above-styled case is hereby closed.
DONE and ORDERED this _/7 day of Meeirhoer , 2005"
in Tallahassee, Leon County, Florida.
Holly Benson,
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 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:
Thomas Bartzokis, M.D. Shaddrick A. Haston
Bartzokis, Seckler & Rubinstein, M.D., | Assistant General Counsel
P.L. Agency for Health Care Administration
1000 NW 9" Court #101 2727 Mahan Drive, Bldg #3, MS #3
Boca Raton, Florida 33486 Tallahassee, Florida 32308
(U. S. Mail) (Interoffice Mail)
Jan Mills Elizabeth Dudek
Agency for Health Care Administration | Deputy Secretary
2727 Mahan Drive, Bldg #3, MS #3 Agency for Health Care Administration
Tallahassee, Florida 32308 2727 Mahan Drive, Bldg #1, MS #9
(Interoffice Mail) 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)
John G. Van Laningham
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
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-23” day of — 2006
——
Richard Shoop, Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, Building #3
Tallahassee, Florida 32308-5403
(850) 922-5873
joes
CHARLIE CRIST FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION: ne SEROLBY BENSON 2
GOVERNOR : ul ©" SECRETARY
March 10,2008. = RECEIVED tified. Artic!
GENERAL COUNSEL 7140 3901 9345 4792 0658
BARTZOKIS, SECKLER, & RUBINSTEIN TOSS dpa aig ah os ine es 2
1000 NW STH CT #01 BME SENDERS RECORD
BOCA RATON, FL 33486 Agency ior Healtt; License/File Number: 800013944
Care Administration Case #: 2008002995 _
NOTICE OF INTENT TO DEEM APPLICATION INCOMPLETE AND-WITHDRAWN FROM
FURTHER REVIEW.
Your application for licensure 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 July 12, 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 mail on July 16,
2007.
As the following information was not received, your application is deemed incomplete and withdrawn
from further consideration:
Refer to enclosed copy of omission letter dated July 12, 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
Visit AHCA online at
2727 Mahan Drive, MS# 32
http://ahca.myflorida.com
Tallahassee, Florida 32308
SEE ATTACHED ELECTION AND EXPLANATION OF RIGHTS FORMS.
Agency for Health Care Administration
“By: Karen Rivera, Manager
Laboratory Unit
ce: Agency Clerk, Mail Stop 3
Legal Intake Unit, Mail Stop 3
Certified Article Numbe
71b0 "3901 qe4s 1133 bo" -
SENDERS RECORD
, FLORIDA AGENCY FOR HEAITH CARE ADMINISTRATION
CHARLIE CRIST ANDREW C. AGWUNOBI, M.D.
GOVERNOR SECRETARY
July 12, 2007 Certified Mail
———-_ —FHOMAS-BARTZOKIS ~
BARTZOKIS, SECKLER, & RUBINSTEIN MD PL
1000 NW 9TH CT #101
BOCA RATON, FL 33486
a
3
4
RE: license # 800013944
Dear Laboratory Services Provider:
my
=<
This letter is to acknowledge receipt of your application for your Clinical Laboratory. Afies
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 outlined 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: .
“Hd €@ das 6
Complete and return the enclosed "Declaration of Proposed Test Menu" form. This form
is also available at .
_ bttp://ahca.myflorida.com/MCHQ/Health Facility Regulation/Laboratory Licensure/clint
cal.shtml. According to the test menu submitted you need to upgrade your license. The
Accumetrics Aspirin Assay is a moderate complexity test. Performing this test with a
Certificate of Exemption means you are out of compliance. To upgrade your license remit
an additional $1,492, this is based on your test volume, and a letter stating that you wish to
upgrade. A survey will also need to be set up. If you do not wish to upgrade your license a
new test menu and a letter on letterhead, stating this testing is no longer performed, signed
by the director will need to be submitted.
Complete and return the enclosed Health Care Licensing Application Addendum. This
form is also available at: http://ahca.myflorida.com/MCHQ/Corebill/index.shtml
FLORIDA
2727 Mahan Drive, MS#32 PARE CARE Visit AHCA online at
Tallahassee, Florida 32308 COME: in the Sunshine http://ahca.myflorida.com
www.FloridaC ompareCare.gov
BARTZOKIS, SECKLER, & RUBINSTEIN MD PL
Page 2
July 12, 2007
Please send the required information, with a copy of this letter, no later than 21 days from the
~~ receipt of this letterto:
Agency for Health Care Administration
Laboratory Unit Mail Stop 32
2727 Mahan Drive
‘Tallahasseé, FD 32308
"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
408.806(3)(b), Florida Statutes.
If you have any questions regarding this letter, please contact me at (850)414-0340.
Sincerely,
A,’ Nabk
April Scott, MLT (ASCP)
Biological Scientist III
Laboratory Licensure Unit
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
GP Gin
RE: Bartzokis, Seckler, & Rubinstein MD PL
CASE NO: 2008002995
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
row
Ob
aA
2008 MAR 2@ P OB
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 attomey 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 I 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 I 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) x T 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
2.
3.
7.
8.
identification number, if known:
Your name, address, and telephone number, and the name, address, and telephone
number of your representative or lawyer, if any;
An explanation of how your substantial interests will be affected by the Agency’s
proposed action;
A statement of when and how you received notice of the Agency’s proposed
action; :
A statement of all disputed issues of material fact. If there are none, you must
state that there are none;
A concise statement of the ultimate facts alleged, including the specific facts you
contend warrant reversal or modification of the Agency’s proposed action;
A statement of the specific rules or statutes you claim require reversal or
modification of the Agency’s proposed action; and
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 Labratory License number: 800013944
Licensee Name: Bartzokis, Seckler, & Rubinstein MD PL
Contact person: ! hom As Baer zokis Mb.
N - . . Ti .
Address: £00 Lo, ge ce az] Bec Phoon ft, BAH¥ (
Street and number City Zip Code
E-Bay No Leb 308-4 KO
Telephone No. of “HY4T Bax No 4l-3 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.
Print Name:
Ct! 3/24 [0%
‘Date:
“Phew ac Brérrokig Title. Mb.
Od lis 2008) LDIWb bbl Jbtbdby PAGE 62
STATE OF FLORIDA _ £13
AGENCY FOR HEALTH CARE ADMINIST
BARTZOKIS, SECKLER, &
RUBINSTEIN MD PL,
Petitioner, FRAES No,: 2008002995
CASE No.: 08-1701
vs, .
STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,
_ Respondent,
a
___, SETTLEMENT AGREEMENT
Respondent, . State of Florida, Agency for Health Care Administration
(hereinafter the “Agency”), through its undersigned representatives, and
Petitioner, Bartzokis, Seckler, & Rubinstein MD PL (hereinafter “Petitioner”), |
Pursuant to Section 120.57(4), Plorida 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 the 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
WHEREAS, the Agency served the Petitioner with 4 Notice of Intent to
..Deem Application Incomplete and Withdrawn. from Further Review, notifying
EXHIBIT
2
wmlis cous 1D Ub Dblsbebsb3 PAGE 3
-the Petitioner of its intent to withdraw its renewal application from further
review for failure to provide omitted Information within the required
timeframe; 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; anc | ,
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 proceédings 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
(O8/14/2088 1dtdb bb 3bHbSES PAGE 84
or quasi-court (DOAH) of competent jurisdiction; and further agrees to walve
. 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 Notice of Intent to Deem Application Incomplete and
Withdrawn from Further Review is deemed superseded by
this agreement,
b. . Upon the full execution of this Agreement, the Agency shall
begin processing Petitioner’s application.
c. 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 compllance 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
llé solely in the Circuit Court in Leon County, Florida.
OY/11/20U8 1bib 5b 13686563 PAGE 5
6. By executing this Agreement, the Petitioner neither admits nor
denies the allegations raised in the Notice of Intent to Deem Application .
Incomplete and Withdrawn from Further Review 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.
Bsr ll/ 200s Lob obi sbubob3 PAGE 86
12. In the event that Petitioner fs or was a Medicaid provider, this
_ settlement does not prevent the Agency from seeking Medicaid
overpayments or from Imposing any sanctions pursuant to Rule 596-9.070,
Fiorida Administrative. Code. This agreement does not prohibit the Agency
from taking action regarding Petitioner’s Medicaid provider status,
- conditions, requirements or contract.
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 and has done so
without the advice of counsel. The Petitioner understands that it has the
right to-consult with counsel and has knowingly and freely entered into this
Agreement without exercising its right to consult with counsel. The
Petitioner fully understands that counsel for the Agéncy represents solely the
Agency and Agency counsel has not provided legal advice to or influenced
the Petitioner in its decision to enter into this Agreement.
14. This Agreement contains the entire understandings and
agreements of the parties, -
15. This Agreement supersedes any prior ora! 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.
OI li/ 2005) 1950b | Dbl gbebdbs
PAGE Uf
17. The following representatives hereby acknowledge that they are
duly authorized to enter into this Agreement.
2727 Mahan Drive, Bidg 1
Tallahassee, Florida 32308
Craig H. Smith
General Counsel
Florida Bar No. 96598
Agency for Heaith Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308
patep: __f 1G = 0%
’ Bartzokis, Seckler, & Rubinstein,
M.D., P.L.
1000 NW 9" Court #101.
Boca Raton, Florida 33486
Shaddrick A. Haston
Assistant General Counsel
Agency for Health Care
Administration -
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308
DATED:
Docket for Case No: 08-001701