STATE OF FLORIDA HOT HAR 19 Dp. 23. AGENCY FOR HEALTH CARE ADMINISTRATION MARCO N. VITIELLO, M.D., ba] Pad a th go EB Petitioner, AES an oe AHCA No.: 2088042692 Ff) vs. DOAH No.: 0856953 p <3 —_ — ; RENDITION NO.; AHCA-69<2 oa “75-OLC STATE OF FLORIDA, AGENCY FOR rm 2, HEALTH CARE ADMINISTRATION, Respondent. FINAL ORDER Having reviewed the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review dated November 10, 2008, attached hereto and incorporated herein (Exhibit 1), and all other matters of record, the Agency for Health Care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 follows: Settlement Agreement (Exhibit 2) with the parties to these proceedings, and being otherwise well-advised in the premises, finds and concludes as 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 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 $100.00. b. The Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review is deemed superseded by this Agreement. c. The Petitioner’s request for formal administrative proceedings is withdrawn.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 shail bear its own costs and attorney’s fees. 4. The above-styled case is hereby closed. DONE and ORDERED this (day of “HIAtcA— __, 2009, in Tallahassee, Leon County, Florida. Holly Benson, Secretary ealth 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: Marco N. Vitiello, M.D. Marco N. Vitiello, MD PA 7575 S. W. 62 Avenue Suite B South Miami, Florida 33143 (U. S. Mail) Lourdes A. Naranjo, 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) Stuart M. Lerner Administrative Law Judge Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399 (U.S. Mail) Jan Mills Agency for Health Care Administration 2727 Mahan Drive, Bldg #3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail) Karen Rivera Manager Laboratory Unit Agency for Health Care Administration 2727 Mahan Drive 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 method designated, on this the a day of Lace , 2009. Richard J. Shoop Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308 (850) 922-5873 PUb0 35 9845 £791 8040 wy | of fle ECOR FLORIDAAGENCY FOR HEALTH CARE ADMINISTRATION CHARLIE CRIST HOLLY BENSON GOVERNOR SECRETARY NOVEMBER 10, 2008 CERTIFIED MAIL / RETURN RECEIPT REQUESTED MARCO N VITIELLO MD MARCO N VITIELLOMDPA -&& “ENV LICENSE NUMBER: 800005804 7575 SW 62ND AVENUE a FAL Ct ge ree SUITE B j 2008 SOUTH MIAMI, FL 33143-5045 HEC 4 2b CASE #: 2008012692 ~a ACEAIMeTAOr NOTICE OF INTENT T0 DEEMABBLIC TION INCOMPLETE AND WITHDRAWN FROM FURTHER REVIEW Your application for Clinical Laboratory Licensure 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 11, 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 July 16, 2008. : : As the following information was not received within required timeframes, your application is deemed incomplete and withdrawn from further consideration: : 1. Test Menu 2. Corrected CMS-116 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 uncer 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. > 2727 Mahan Drive, MS# 32 Tallahassee, Florida 32308 Visit AHCA online at http://ahca.myflorida.com 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 MARCO N. VITIELLO, M.D., Petitioner, AHCA No.: 2008012692 DOAH No.: 08-6053 v. STATE OF FLORIDA, AGENCY FOR HEAL: 1 CARE ADMINISTRATION, Respondent. SETTLEMENT AGREEMENT Respondent, State of Florida, Agency for Health Care Administration (hereinafter the “Agency”), through its undersigned representatives, and Petitioner, Marco N. Vitiello, M.D. (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 .clinical laboratory licensure pursuant to Section 483, Part I, Florida Statutes (2008), Section 20.42, Florida Statutes (2008), Chapter 408 Part II, Florida Statutes (2008), and Chapter 59A-7, Florida Administrative Code; and EXHIBIT fa 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 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 remit to the Agency an administrative fee in the sum of $100.00 within thirty (30) days of the entry of a Final Order adopting this Agreement. b. The Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review is deemed superseded by this Agreement. Cc. The Petitioner’s request for formal administrative proceedings is withdrawn. d. Upon the full execution of this Agreement, the Agency shall begin processing Petitioner’s application. 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 6 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. ll. 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 596-9.070, 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. Page 5 of 6 14. This Agreement agreements of the parties. 15. This Agreement agreements between the parties. except in writing. Any shall be void. 16. All parties agree that a facsimile signature for an original signature. The following representatives hereby acknowledge contains the entire understandings supersedes any prior oral or written This Agreement may not be amended attempted assignment of this Agreement are duly authorized to enter into this Agreement. Elizabeth Dudek Division of Health Quality Assurance. Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 of fei gfe Jusgin M. Shor, Esq. General Counsel Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 Dated: arcg’N. Vitiello, M.D. “Marco N. Vitiello, MD PA 7575 S. W. 62 Avenue Suite B South Miami, Florida 33143 Dated: _ hath suffices that they Ze A. Naranjo, Esq. Assistant General Counsel Agency for Health Care Administration 8350 N.W. 52 Terrace - #103 Miami, Florida 33166 saves: 2fU VE Page 6 of 6

Docket for Case No: 08-006053