6%: \ oY4Y 7) fa ity &O STATE OF FLORIDA Nip AGENCY FOR HEALTH CARE ADMINISTRATION 2 10 Fs) Aino, — ¥ a STATE OF FLORIDA, AGENCY FOR HEALTH Hel S7 oh Of CARE ADMINISTRATION, AK liye Petitioner, AHCA No.: 2009000429 Return Receipt Requested: v. 7002 2410 0001 4236 2206 7002 2410 0001 4236 2213 ORION HOME HEALTH CARE CORP. d/b/a ORION HOME HEALTH CARE CORP., Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the State of Florida, Agency for Health Care Administration (‘“AHCA”), by and through the undersigned counsel, and files this administrative complaint against Orion Home Health Care Corp. d/b/a Orion Home Health Care Corp. (hereinafter “Orion Home Health Care Corp.”), pursuant to Chapter 400, Part III, and Section 120.60, Florida Statutes (2008), and herein alleges: NATURE OF THE ACTION 1. This is an action to impose an administrative fine of $5,000.00 pursuant to Section 400.476 (2) (b), Florida Statutes (2008), and Section 400.484, Florida Statutes (2008), for the protection of public health, safety and welfare. JURISDICTION AND VENUE 2. AHCA has jurisdiction pursuant to Chapter 400, Part III, Florida Statutes (2008). 3. Venue lies in Miami-Dade County pursuant to Rule 28.106.207, Florida Administrative Code. PARTIES 4. AHCA is the regulatory authority responsible for licensure and enforcement of all applicable statutes and rules governing home health agencies, pursuant to Chapter 400, Part III, Florida Statutes (2008), and Chapter 59A-8, Florida Administrative Code. 5. Orion Home Health Care Corp. operates a home health agency located at 175 Fontainebleau Bivd. S-1N2, Miami, Florida 33172. Orion Home Health Care Corp. is licensed as a home health agency under license number 299993134. Orion Home Health Care Corp. was at all times material hereto a licensed facility under the licensing authority of AHCA and was required to comply with all applicable rules and statutes. COUNT I ORION HOME HEALTH CARE CORP. OPERATED FOR MORE THAN THIRTY (30) DAYS WITHOUT A DIRECTOR OF NURSING (DON). SECTION 400.476(2) (b), FLORIDA STATUTES . CLASS II 6. AHCA re-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 7. Elodia Fajardo, Respondent’s former Director of Nursing (DON), resigned her position effective August 1, 2008. By letter dated August 19, 2008, AHCA requested that Orion Home Health Care Corp. select a new DON and submit the resume to AHCA. 8. Respondent did not respond to AHCA’s request. On October 14, 2008, AHCA notified Respondent of the imposition of the $5,000 fine for a Class II deficiency. 9. Orion Home Health Care Corp. operated without a DON for more than thirty (30) days. 10. Based on the foregoing facts, Orion Home Health Care Corp. violated Section 400.476(2) (bo), Florida Statutes (2008), herein classified as a Class II violation, which warrants an assessed fine of $5,000.00, for operating a home health agency for more than thirty (30) days without a DON. CLAIM FOR RELIEF WHEREFORE, the Agency requests the Court to order the following relief: 1. Enter a judgment in favor of the Agency for Health Care Administration against Orion Home Health Care Corp. on Count I. 2. Assess against Orion Home Health Care Corp. an administrative fine of $5,000.00 on Count I for the violation cited above. 3. Assess costs related to the investigation and prosecution of this matter, if applicable. 4. Grant such other relief as the court deems is just and proper on Count I. Respondent is notified that it has a right to request an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. Specific options for administrative action are set out in the attached Election of Rights. All requests for hearing shall be made to the Agency for Health Care Administration and delivered to the Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, MS #3, Tallahassee, Florida 32308. RESPONDENT IS FURTHER NOTIFIED THAT THE FAILURE TO RECEIVE A REQUEST FOR A HEARING WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF THIS COMPLAINT WILL RESULT IN AN ADMISSION OF THE FACTS ALLEGED IN THE COMPLAINT AND THE ENTRY OF A FINAL ORDER BY THE AGENCY. IF YOU WANT TO HIRE AN ATTORNEY, YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY IN THIS MATTER (Lee A. Naranjo, Esq. Fla. Bar No.: 997315 Assistant General Counsel Agency for Health Care Administration 8350 N.W. 52 Terrace - #103 Miami, Copies furnished to: R. Steve Emling Field Office Manager Agency for Health Care Administration 8355 N. W. 53°¢ Street Miami, Florida 33166 (U.S. Mail) Finance and Accounting Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice Mail) Home Health Agency Unit Program Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice Mail) Florida 33166 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail, Return Receipt Requested to Elodia Fajardo, Administrator, Orion Home Health Care Corp., 175 Fontainebleau Blvd., S-1N2, Miami, Florida 33172; Jorge Benitez Alonso, Registered Agent, 6860 S. : a W. 2 Street, Miami, Florida 33144 on this Zo day of an Ta. , 2009. Sicvrtle, ourdes A. Naranjo, Esq. a aE SENDER: Complete THIS SECTION COMPLETE THIS SIECTION ON DELIVERY. Hy ™ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired, D Agent 0 « A @ Print your name and address on the reverse © Addressee ™m & &" _ so that we can return the card to you. u ™ Attach this card to the back of the mailpiece, Postage | $ or on the front if space permits. a ified Fe i a a Certtiod Fee 1. Article Addressed to: ITYES, enter delivery address below: CI No Retum Reciept Fe rn o (Endorsement Reduirsch j Clehes Fopwrcke 2 Restricted Delivary Fi 5 jy S Casastaeheay tes Gren Home. Heatth Cara Coyp. + ~ TU otal Postage & Fees | $ 45 Fomsttuon Obagi Alah- SI Z tu a . . Service Type {5 O Certified Mail 1 Express Mail a Me Ci Registered O] Retum Receipt for Merchandise Ci Insured Mail = 1.6.0.0. ~ Restricted Delivery? (Extra Fee) 7002 2410 O00 4236 2206 - (Transfer from service label} —_ fy at j cao 4 PS Form 3811, February 2004 Domestic Return Receipt GLa Conn out 102595-02-M-1540 - US. Postal Oc.op. “d Delivery? (Extra Fee) C Insured Mail 7 poalliies f * Sovet nies Sokey Gabe Oh oy ee i a Ee ai i . mu _{Bomestic Mait Only: Wo insurance ® Print your name and address on the reverse “ 0 Addressee _ Ect delivery information visit ieee so that we can un ‘ne card e you ‘ece B. Received by ( Prinfad Name) C. Date of Delivery a van aoa es ™@ Attach this card to the back of the mailpiece, Tetoe . < 2B ee Bor 5° . 5 i 3 x. nm i ae i & i &> | Ff a or on the front if space permits. D. Stover adcrose aifforent omen 1? ET Yoo 7 Postage | $ 1. Article Addressed to: If YES, enter delivery address below: [No a Certitied Fee : Forge Pema ter Glands o - : Retum Resi ; (endorsement Rete, bb Sw ih Shur J Restricted Delivery Fi . . ‘ a a Endorsement ening, Miami. FQortdes 33144 SS = = fu C Certified Mail Express! tu Tel Postage & Fees | $ D Registered ( Return Receipt for Merchandise o o nt 7oo2 2410 O001 4ye3b 2213 4 Service label) mai PS Form 3811, February 2004 Domestic Return Receipt GLmin Com oY, 102595-02-M-1540 a ALAN. PS Form Sed. June 2003)

Docket for Case No: 09-001244