STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ACCESSIBLE HOME HEALTH CARE OF SOUTH MIAMI-DADE, ae 4 Gbg Qn TF - ; aos oO Petitioner, DOAH No: 08-3634 a Vv. RENDITION NO.: AHCA-08- O44Q ~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 ___/ FINAL ORDER Having reviewed the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review dated June 22, 2008, attached hereto and incorporated herein (Exhibit 1), and all other matters of record, the Agency for Health Care Administration (“Agency”) has entered into a Settlement Agreement (Exhibit 2) with the parties 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. Upon full execution of this Agreement, the parties agree to the following: a. The Petitioner shall pay to the Agency an administrative fine in the sum of $500.00. Petitioner has remitted the administrative fine to the Agency. The fine has been paid. b. The Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review is deemed superseded by this Agreement. c. The Petitioner’s request for a formal administrative proceeding is withdrawn. d. Upon the full execution of this Agreement, the Agency shall begin processing Petitioner’s application. e. 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. 3. Each party shall bear its own costs and attorney’s fees. 4, The above-styled case is hereby closed. DONE and ORDERED this ©” day of Clelerx) _, 2008, Abies se Hate Holly Benson, Secretary Agency for Health Care Administration in Tallahassee, Leon County, Florida. 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: Steven Turner CEO Accessible Home Health Care of South Miami-Dade 210 N. University Drive Suite #806 Coral Springs, Florida 33071 (U. S. Mail) | Alba M. Rodriguez, Esq. Assistant General Counsel Agency for Health Care Administration 8350 N. W. 52 Terrace - Suite 103 Miami, Florida 33166 (Interoffice Mail) Finance & Accounting Agency for Health Care Administration 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) Eleanor M. Hunter Administrative Law Judge Division of Administrative Hearing 1230 Apalachee Parkway Tallahassee, Florida 32399 (U.S. Mail) Anne Menard Manager Home Care Unit Agency for Health Care Administration 2727 Mahan Drive, Bldg #3, MS #3 Tallahassee, Florida 32308 (Interoffice 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 ehtities by U.S. Mail, or the method designated, on this the 7* day of Obfber™ , 2008. Richard J. Shoop Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308 (850) 922-5873 YY OUY FTA CHARLIE CRIST HOLLY BENSONY,< GOVERNOR i SECRETARY 7% » “EN : 4 A to June 22, 2008 AAIL / RETURN RECEIPT REQUESTED eg om vee Santee iy OO Bon “ Administrator Accessible Home Health Care Of South Miami-Dade License Number: 7430 Sw 41st Suite 201 : Miami, F1 33155 Case #: 2008007932 NOTICE OF INTENT TO DEEM APPLICATION INCOMPLETE AND WITHDRAWN FROM FURTHER REVIEW Your application for license is deemed incomplete and withdrawn from further consideration pursuant to Section 408.806(3)(b), Florida Statutes, which states that “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 23, 2008 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 April 28, 2008. As this tequested information was not timely received by the Agency, your application is deemed incomplete and withdrawn from further consideration. The outstanding issues remaining for licensure are: 1. The application for licensure listed Rachelle Remy as the alternate administrator. Based on the original resume submitted with the application it was determined that Ms. Remy did not meet the qualifications. The applicant was requested to select another alternate administrator. In the response to the omission letter, the applicant selected another alternate administrator that qualified, however, the applicant then named Rachelle Remy as the administrator. The qualifications for the administrator and the alternate administrator are the same. The revised resume submitted for Ms. Remy for the administrator position contained discrepancies in the experience from the first resume including different responsibilities and different dates for when the experience occurred. In the original resume Ms. Remy was listed as the Vice President of the corporation beginning in 2007. In the revised resume, Ms. Remy was listed as the Manager beginning in 2006. None of the responsibilities in either resume included supervisory or administrative experience. The pertinent statutes and rules that apply include the following: . Section 408.806 (1) (a), Florida Statutes (F.S.), “An application for licensure must be made to the agency on forms furnished by the agency, submitted under oath, and accompanied by the : appropriate fee in order to be accepted and considered timely. The application must contain information required by authorizing statutes and applicable rules :... 2727 Mahan Drive,MS#34 Tallahassee, Florida 32308 Visit ANCA online at ‘ http://ahca.myflorida.com ¥ EXHIBIT . Accessible Home Health Care Of Sou... Miami-Dade “* Page 2 June 22, 2008 (a) False representation of a material fact in the license application or omission of any material fact from the application.” Section 400.462 (1), F -S., "Administrator" means a direct employee, as defined in subsection (9). The administrator must be a licensed physician, physician assistant, or registered nurse licensed to practice in this state or an individual! having at least | year of supervisory or administrative experience in home health care or in a facility licensed under chapter 395, under part Il of this chapter, or under part I of chapter 429. An administrator may manage a maximum of five licensed home health agencies located within one agency service district or within an immediately contiguous county. If the home health agency is licensed under this chapter and is part of a retirement community that provides multiple levels of care, an employee of the retirement community may administer the home health agency and up to a maximum of four entities licensed under this chapter or chapter 429 that are owned, operated, or managed by the same corporate entity. An administrator shal] designate, in writing, for each licensed entity, a qualified alternate administrator to serve during absences. 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, SEE ATTACHED ELECTION AND EXPLANATION OF RIGHTS FORMS. Cpe Anne Menard, Manager Home Care Unit ce: Agency Clerk, Mail Stop 3 Legal Intake Unit, Mail Stop 3 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ACCESSIBLE HOME HEALTH CARE OF SOUTH MIAMI-DADE, DOAH No: 08-3634 Petitioner, AHCA No.: 2008007932 Vv. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. SETTLEMENT AGREEMENT Respondent, State of Florida, Agency for Health Care Administration (hereinafter the “Agency”), through its undersigned representatives, and Petitioner, Accessible Home Health Care of South Miami-Dade (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 an applicant for home health agency licensure pursuant to Chapter 400, Part III, Florida Statutes (2007), Section 20.42, Florida Statutes (2007), Chapter 408, Part II, Florida Statutes (2007), and Chapter 59A-8, Florida Administrative Code; and EXHIBIT Pog WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing authority over licensure sought by Petitioner; and 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 deny Petitioner’s application for licensure; and WHEREAS, the Petitioner requested a formal administrative hearing by filing an election of rights form or by petition; 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. Page 2 of 6 3. Upon full execution of this Agreement, Petitioner agrees to a withdrawal of its request for an administrative proceeding; 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 pay to the Agency an administrative fine in the sum of $500.00. Petitioner has remitted the administrative fine to the Agency. The fine has been paid. - b. The Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review is deemed superseded by this Agreement. c. The Petitioner’s request for a formal administrative proceeding is withdrawn. d. Upon the full execution of this Agreement, the Agescy shall begin processing Petitioner's applicatien. Page 3 of 6 e. 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 admits 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. 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 Page 4 of 3 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 not prevent the Agency from seeking Medicaid overpayments or from imposing any sanctions pursuant to Rule 59G-9.070, Florida 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 Agency 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. Peje 5 of 6 2/26/2008 9:45 AM FROM: 954-757-3009 Accessible Home Health Care TO: 13054706809 PAGE: 002 OF 002 98'd “WLOL 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. The following representatives hereby acknowledge that they Elizabeth Dudek Deputy Secretary Division of Health Quality Accessible Home Health Assurance. Care of South Miami-Dade Agency for Health Care 210 N. University Drive Administration Suite #806 2727 Mahan Drive Coral Springs, Florida 33071 Tellahassee, Florida 32308 . Dated; lO/e fog Dated: Ned General Assistant General Counsel Agency for Health Care Agency for Health Care Administration Administration 2727 Mahan Drive 8350 N.W. 52 Terrace - #103 Tallahassee, Florida 32308 Miami, Florida 33166 j ; Dated: (0-2 -0§ —_ Dated: g J x (es lo e an Page 6 of 6 OMA * od INL A Te ou Cent anny 33 ae

Docket for Case No: 08-003634