a G Fy Be, cae 7 aaa r] 3 my my at STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATI@N,y -| Pi2Z53 STAND-UP MRI OF BOCA RATON, P.A., AHCA No.: 2008007835 Petitioner, DOAH No.: 08-3694 RENDITION NO.: AHCA-09-288-S-OLC vs. 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 FINAL ORDER Having reviewed the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review dated June 19, 2008, attached hereto and incorporated herein (Exhibit 1), and all other matters of record, the Agency for Health Care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. Petitioner agrees to pay $5,000.00 in administrative fees to the Agency within thirty (30) days after receiving written notification from the Agency confirming that the application for renewal of license has been granted. b. The Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review is deemed superseded. c. The Petitioner’s request for formal administrative proceedings is withdrawn. d. The Agency acknowledges that during the period since the Petitioner’s application for renewal of the License for the Facility, as described in more detail in the Notice of Intent, through and including the entry of the final order, the status of the License has been determined by the provisions of Section 120.60 and 408.807, Florida Statutes, and Petitioner has not operated an unlicensed facility. e. Upon the full execution of this Agreement, the Agency shall begin processing Petitioner’s application for renewal of license [License Number: HCC 3883] and upon. completion of processing, the application for renewal of license will be granted with an effective date of 10/28/08. fF. Nothing in this Agreement shall prohibit the Agency from denying Petitioner’s application for licensure based upon any statutory 2 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. Once the licensure process is completed, the license will be issued with the effective date the clinic achieved accreditation. In the event the Agency determines Petitioner is not in compliance with all statutory and rule provisions, Petitioner will receive a Notice and the opportunity to challenge the Agency’s determination. 3. Each party shail bear its own costs and attorney’s fees. 4. Unpaid amounts pursuant to this Order will be subject to statutory interest and may be collected by all methods legally available. 5. The above-styled case is hereby closed. DONE and ORDERED this 2/7 day of Coput , 2009, in Tallahassee, Leon County, Florida. Holly Benspn, Secretary g— Agency far Health Care Administrati 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: Michael G. Austin, Esq. Attorney for Petitioner McDermott Will & Emery LLP 201 South Biscayne Blvd. Alba M. Rodriguez, Esq. Assistant General Counsel Agency for Health Care Administration ; 22" Floor 8350 N. W. 52 Terrace - Suite 103 Miami, Florida 33131 Miami, Florida 33166 (U. S. Mail) (Interoffice Mail) Jan Mills Errol H. Powell Agency for Health Care Administration 2727 Mahan Drive, Bldg #3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail) Administrative Law Judge Division of Administrative Hearing 1230 Apalachee Parkway Tallahassee, Florida 32399 (U.S. Mail) Roger Bell Manager Health Care Clinic 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 entities by U.S. Mail, or the so method designated, on this the / day of V4 , 2009. Richard J. Shoop Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308 (850) 922-5873 td ‘ 07/08/2008 14:51 PAX 6316944051 EMCA ; Boos i ticle Number CHARLIE CRIST FLORIDA AGENCY FOR HEALTN CARE ADMI he PL Vila es "GOVERNOR SECRETARY “x77, : S June 19, 2008 CERTIFIED MAIL / RETURN RECEIPT REQUESTED Administrator . Stand-Up MRI Of Boca Raton, PA License Number: HCC 3883 9980 Kimberly Blyd Ste. 15 Boca Raton, Fl 33434 Case #: 2008007835 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 5/13/2008 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 5/15/2008, As thig requested 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: Subsection 7.2, MRI Services - Indicate if the clinic provides MRI services. If yes, provide evidence of accreditation. After obtaining accreditation as required in this subsection, each clinic must maintain accreditation as a condition of renewal of its license i E ATION OF RIGHTS Pursuant to Section 120.569, F.S., you have the right to request an administrative hearing, In order to obtain @ 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 28-106,20 1, "1 ot “Florida Administrative Code (F.A.C), and must state the material facts you dispute. ~ Visit ANCA online at 2727 Mahan Drive. MS#53 http://ahca.myflorida, com Tallahassee, Florida 32808 EXHIBIT i —_—__ 1 + oo YY 07/08/2008 14:52 FAX 6316944051 HHCA Stand-Up MRI Of Boca Raton, PA Page 2: June 19, 2008 For information regarding this letter, you may contact Lee Stone at the HCCU in Tallahassee at (850) 488-1365. t SEE A ‘ACHED ELECTION AND EXPLANATION OF RIGHTS FORMS. co; Agency Clerk, Mail Stop 3 Legal Intake Unit, Mail Stop 3 i i i j i 004 STATE OF FLORIDA WA MAY -u A Iho] AGENCY FOR HEALTH CARE ADMINISTRATION TEVISION OF ADMINISTRATIVE STAND-UP MRI OF BOCA RATON, REARINGS P.A., AHCA No.: 2008007835 Petitioner, DOAH No.: 08-3694 Vv. STATE OF FLORIDA, AGENCY. FOR HEALTH CARE ADMINISTRATION, Respondent. ey / SETTLEMENT AGREEMENT Respondent, State of Florida, Agency for Health Care Administration (hereinafter the “Agency”), through its undersigned representatives, and Petitioner, Stand-Up MRI of Boca Raton, P.A. (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 a health care clinic licensure pursuant to Chapter 400.990, Part X, Florida Statutes (2007), Section 20.42, Florida Statutes (2007), Chapter 408, Part II, Florida Statutes (2007), and Chapter 592-33, Florida Administrative Code; and EXHIBIT ll tabbies* At eC ERNST AAAS SSRN SN 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 party 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 7 “Senet tA En NA LR SS SEER a Rasta na ene 2 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. Petitioner agrees to pay. $5,000.00 in administrative fees to the Agency within thirty (30) days after receiving written notification from the Agency confirming that the application for renewal of license has been granted. b. The Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review is deemed ‘ superseded. c. The Petitioner's request for formal administrative proceedings is withdrawn. Page 3 of 7 d. The Agency acknowledges that during the period since the Petitioner's application for renewal of the License for the Facility, as described in more detail in the Notice of Intent, through and including the entry of the final order, the Status of the License has been determined by the provisions of Section 120.60 and 408.807, Plorida Statutes, and Petitioner has not operated an unlicensed facility. e. Upon the full execution of this Agreement, the Agency shall begin processing Petitioner’s application for renewal of license [License . Number: HCC 3883] and upon completion of processing, the application for renewal of license will be granted with an effective date of 10/28/08. f. 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. Once the licensure process is completed, the license will be issued with the effective date the clinic achieved accreditation. In the event the Agency determines Petitioner is not in compliance with all statutory and rule provisions, Petitioner will receive a Notice and the Opportunity to challenge the Agency’s determination. 5. Venue for any action brought to interpret, challenge or enforce the terms of this Agreement or the Final Order : Page 4 of 7 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 and the Agency asserts 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 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. Page 5 of 7 il. 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. 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. Page 6 of 7 The following representatives hereby acknowledge that they are duly authorized to enter into this Agreement. Elizabe&h Dudek Deputy Ss cretary Divisiopof Health Quality Assurance. Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 Dated: Wi: ZOOF ior, Esq. Acting General Counsel Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 Dated: 4/28 /a9 Attorney for Petitioner McDermott Will & Emery LLP 201 South Biscayne Blvd. 22™ Ploor Miami, Florida 33131 -0n bball of Srowd—Up MeI OF Bact baron, PA. Dated: Macy 3h. 2004 Qeiros mM. Rods Alba M. Rodriguez, Esq. x if Assistant General Counsel Agency for Health Care Administration 8350 N.W. 52 Terrace - #103 Miami, Florida 33166 Dated: Page 7 of 7 enc ASHER EN STERN prion cnt

Docket for Case No: 08-003694