STATE OF FLORIDA JiJ ,

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AGENCY FOR HEALTH CARE ADMINISTRATION zooq JUL 3 0 p 2: 30

JULIO M. GARCIA, M.D.,

Petitioner,

v. AHCA No.: 2009002667

DOAH No.: 09-1786

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

FINAL ORDER

Having reviewed the Notice of Intent to Deny dated March 5, 2009, attached hereto and incorporated herein (Exhibit 1), and all other matters of record, the Agency for Health Care Administration ("Agency") finds and

concludes as follows:

FINDINGS OF FACT

1. The Agency issued a Notice of Intent to Deny against Petitioner, Julio M. Garcia, M.D., a clinical laboratory. The Notice of Intent to Deny charged the following: The clinical laboratory failed to notify the Agency of a change of ownership.

2. The Petitioner was served the Notice of Intent to Deny on March 9, 2009 by Certified U.S. Mail, Return Receipt Requested. The U.S. Postal Service's Track and Confirm Record is attached hereto and incorporated herein (Exhibit 2) . Enclosed with the Notice of Intent to Deny was an

   
   

   Filed August 5, 2009 11:30 AM Division of Admini1strative Hearings.

   Election of Rights form which advised Petitioner of his right to a hearing pursuant to Section 120.57(1) or Section 120.57(2), Florida Statutes (2008).

3. Petitioner selected Option Three (3) within the Election of Rights (Exhibit 3), disputing the allegation of facts contained in the Notice of Intent to Deny and requested a Formal Hearing.

4. On July 1, 2009, Petitioner withdrew his Petition for a Formal Hearing (Exhibit 4).

5. On July 2, 2009, the Administrative Law Judge, Stuart M. Lerner, issued an Order Closing the File (Exhibit 5).

6. The facts, as alleged and found, establish that Petitioner failed to notify the Agency of a change of ownership of his clinical laboratory [License No.: 800002572] violating Section 408.807(1), Florida Statutes (2008).

CONCLUSIONS OF LAW

1. Petitioner is a clinical laboratory over which the Agency has jurisdiction pursuant to the provisions of Chapter 483.011, Part I, Florida Statutes, Section 20.42, Florida Statutes, Chapter 408, Part II, Florida Statutes, and Chapter 59A-7, Florida Administrative Code.

2. As alleged in the Notice of Intent to Deny, Petitioner is in violation of Section 408.807(1), Florida Statutes.

3. By withdrawing his petitioner for a Formal Hearing, Petitioner expressly waived his right to a hearing and consented to the entry of a Final

2

Order adopting the allegations and conclusions set forth in the Notice of Intent to Deny and imposing the sanction sought.

Based on the foregoing findings of fact and conclusions of law, it is

ORDERED:

1. The Agency's Notice of Intent to Deny is upheld.

   
   

2. Petitioner's application for clinical laboratory licensure renewal [License No.: 800002572] is denied.

   DONE and ORDERED this /J day of

   , 2009,

3. The above-styled case is hereby closed.

   -ti.;

   CJ'- ¥

   in Tallahassee, Leon County, Florida.

   
   

   H nson, secetafV

   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.

   
   

   3

   Copies furnished to:

   
   

   David P. Baghdassarian, Esq. K&L Gates LLP 200 South Biscayne Blvd. Suite 3900 Miami, Florida 33131 (U.S. Mail)	Lourdes A. Naranjo, Esq. Assistant General Counsel Agency for Health Care Admin. 8350 N. W. 52 Terrace - Suite 103 Miami, Florida 33166 (Interoffice Mail)
   Finance & Accounting Agency for Health Care Admin. 2727 Mahan Drive, MS #14 Tallahassee, Florida 32308 (Interoffice Mail)	Jan Mills Agency for Health Care Admin. 2727 Mahan Drive, Bldg #3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail)
   Stuart M. Lerner Administrative Law Judge Division of Administrative Hearing 1230 Apalachee Parkway Tallahassee, Florida 32399 (Electronic Mail)	Karen Rivera, Unit Manager Laboratory Unit Agency for Health Care Admin. 2727 Mahan Drive, Bldg #1, MS #32 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

   :s:?

   method designated, on this the 30 of - -=,,_ ,,')=5--->-;,C-- - - ' 2009.

   
   

   Richard J. Shoop Agency Clerk

   Agency for Health Care Administration 2727 Mahan Drive, Building #3

   Tallahassee, Florida 32308

   (850) 922-5873

   
   

   4

   
   

   CHARLIE CRIST GOVERNOR

   
   

   March 5, 2009

   Qoo°1oo Q eoCo

   
   

   FLORIDA AGENCY FOR HWTI-1 CARE AD/v\lNISTRATION

   
   

   ANDREW C. AGVVUNOBI, M.D. SECRETARY

   
   

   
   

   JULIO M GARCIA MD

   3659 S MIAMI AVENUE #2007

   MIAMI, FL 33133

   
   

   NOTICE OF INTENT TO DENY

   
   

   Pursuant to Section 408.815(1), Florida Statutes, (F.S.) the application for a Clinical Laboratory renewal license of September 03, 2008 is DENIED for the following omissions:

   
   

   Failure to notify the Agency for Health Care Administration of a change in ownership of the Clinical Laborat01y License #800002572, as required in F.S. 408.807(1): The transferor shall notify the agency in writing at least 60 days before the anticipated date of the change of · ownership.

   
   

   Since the required information was not received timely by the Agency, the application is denied.

   
   

   License #800002572 expired October 10, 2008. You arc currently unlicensed and must CEASE all testing until an initial application has been approved by the Agency for Health Care Administration.

   
   

   EXPLANATION OF RIGHTS

   
   

   Pursuant to Section 120.569, Florida Statutes, (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 Adininistrative Code (F.A.C), and must state the material facts you dispute.

   
   

   SEE ATTACHED ELECTION AND EXPLANATION OF RIGHTS FORMS

   
   

   Enclosure

   
   

   cc: Agency Clerk, Mail Stop #3

   Jan Mills, Mail Stop #3 Field Office 11

   Karen Rivera, Laboratory Unit Legal File, Laboratory Unit

   
   

   
   

   2727 Mahan Drive, MS#32 Tallahessee, Florida 32308

   EXHIBIT

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   03/09/2809 12:30 305503129 GARCIA MD PAGE 03/04

   
   

   
   

   STATE O:FFLORIJ)A

   AGENCY FOR HEALTH CAM AllMJNlSTRATION

   FILED

   MICA

   AGl]JCY CLERK

   RE: Case Na.me; JULIO M GARCIA MD

   CASE NO: 2009002 6zoaq f'An

   1 n 31 P 12: 39

   ELECTION OF RIGJI1

   
   

   This Election of Rights form is attached to a proposed administrative action by the Agency for Health Care Administration (ARCA). The title may be: Notice of Intent to Deny, Notice of Intent to Iml)ose a Late Fin , Administrative Compbdnt, or some other notice of intended action by AHCA,

   
   

   An Election of Rights must be returned b;x mi!U,or ln!-fa:x witbi.n 21 days of the day you receive the attached Notice of Intent to Deny, Notice of Intent to Impose .a Late Fine1 Administrative Complaint or·any other proposed action by_6HCA.

   
   

   Iran eJection of rights with your selected option is not fl:ceived by AHCA within twenty-one

   (21) days from the date you J:eceived a notice of proposed action by ARCA, you will have given up your right to contest the Agency's proposed actio11 and a final order will be issued,

   PLEASE RETURN YOUR ELECTION OF RIGHTS TO:

   
   

   Agency for Health Care Administration Attention: Agency Cle.rk

   2727 Mahan Drive, Mail Stop #3

   Tallahassee, Florida 32308,

   Phone: 850-922-5873 Fax: 850-921-0158

   PLEASE SELECT ONLY l OF THESE 3 OPTION

   
   

   OPTION ONE (1) I admit to the allcgatiQns of facts and law contained in the

   Notice oflntent to Deny, Notice oflntent to Impose a Li:itc Fine, Administrative Complaint, or other notice of intended action by AHCA and I waive my right to object or to 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 pendty, fine o:,: action.

   
   

   OPTION TWO (2) l admit to the allegations of facts contained in the Notice of

   Intent to Deny1 Notice of Intent to Impose a Late Fh1e, Administrative Complaint, or other proposed action by AHCA, but I.wish to be hca.rd at an infonnaJ proceeding (pursuant to Section 120.57(2), Flo:rida Statutes) where I may submh tesHmony and written evidence to the Agency to show that the proposed administrative action is too severe or that the fine should be

   OPTION THREE (3)

   I do dispute the allegatiorns of fact contained in the Notice of

   reduced. 'x

   Intent to Dtny, Notice of Intent to Impose a Lnte Fjne, Administtativc Complaint, or other proposed action by AHCA, and I request a formal h1?aring (pursuant to Section 120.57(1), Florida Statutes (2006) before an Administrative Lnw Judge appointed by the Division of Administrative Hearings.

   PLEASE NOTE: Choosing OPTION THREE (3), t1y itself, j NOT sufficient to obtain a formal bearing. You must tile a written petition in order to obtain a formal hearing before the Division of Administrative Hearings · Florida Statutes. It must be 1"eceived by the Agency Clerk t the ays of receipt of th.is proposed

   I _J

   03/09/2009 12:30 305503129. GARCIA MD PAGE 04/04

   
   

   administrative action. The request for formal hearing mu:it c:onfonn to the requirements of Rule 28-106.201, Florida Administrative Code, which requires that it contain:

   l. The name and address of each agency affected and each agency's file or

   identification number, if known;

   1. Your narne, address, and telephone numbe·r and the name, address, and telephone number of your representative or lawyer, if ari.y;

   2. An explanation of how your substantial int:ewsts will be aftected by the Agency's proposed action;

   3. A statement of when and how you recelved notice of the Agency's proposed

      action;

   4. A statement of all disputed issues of material fact. If there are none, you mi.1st

      state that there are none;

   5. A concise statement of the ultimate facts alleged) including the specific facts you contend wartant reversal or modification of the Agency's proposed action;

   6. A statement of the specific rules or statutes you claim require reversal or modification of the Agency's proposed ac1iori; and

   7. A statement of the relief you are seeking,,: tating exactly what action you wish the Agency to take with :respect to its proposed a,;tion.

Mediation under Section 120.573, Florida Statutes, may ·:,e .available in this matter if the Agency

agrees.

Provider type: Clinical LabOJ:atory

Facility Name: JULIO M GARCIA MD

Lkense number: 800002572

Contact person (or attorney or representativeVid 'B,(:{%,JqJ;qfi-qfl Pffgrrrey

Name Title

Address: 9, !)(){<AYflf. Blv c;{-e 3 o() /tl(Cffh}(tl 3313)

e

Street and number City Zip Coile

Telephone NJos- 3'{-'.33(() Fax No.-3oS,-1 s-g-1oyfp_maildctv, . hahdct$S(Af\W'

,.t//) --- KL_:1cttfS,, [U'M

filwed: ,------, ,-.- Date; l'.]d/'q

NOTE: If your facility is owned or operated by a busimss entity (corporation, LLC, etc.) please include a written statement from one of the officers or managers that you are the authori:zcd representative. lf you are one of the managers or officer:i, please state which office you hold.

Entity name: Naroe of office :,ou. hold: ----

You, your attorney, or representative may reply according Subsection 120.54 Florida Statutes (2006) and Rule 28, Florida Administrative Code o:r you m.ay -use this recommended form.

711/2009 1:15:16 PM Baghdassarian, David P. K&.L Gates Miami Page 3

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JULIO M. GARCIA, M.D.

Petitioner,

v. CASE NO. 09-1786

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION

Respondent.

NOTICE OF VOLUNTARY DISMISSAL

Petitioner Julio M. Garcia. ("Petitioner"), by and through undersigned counsel, hereby notifies the Division of Administrative Hearings that this matter has been settled by the parties and that the Petitioner hereby voluntarily dismisses this action, each party to bear its own costs and attorneys' fees.

Dated: July 1, 2009

Miami, Florida

Respectfully submitted,

David P. Baghdassarian, Esq. K&L Gates LLP david.baghdassarian@klgates.com Wachovia Financial Center

200 South Biscayne Boulevard, Suite 3900

Miami, FL 33131-2399

Telephone: 305.539.3300

Facsimile: 305.358.7095

Ml-308817 vi 0437660-00819

EXHIBIT

I Li

7/112009 1:15:16 PM Baghdassarian, David P. K&.L Gates Miami Page 4

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served to: Lourdes A. Naranjo, Esq., State of Florida, Agency for Health Care Administration, 8350 NW 52nd Terrace, Miami, FL 33166 (attorney for Respondent) by fax (305-470-6809) on this 1st day of July, 2009.

David P. Baghdassarian, Esq.

2

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JULIO M. GARCIA, M. D., ) 'lf

)

Petitioner, )

)

vs. ) Case No. 09-1786

)

AGENCY FOR HEALTH CARE· )

ADMINISTRATION, )

)

Respondent. )

)

ORDER CLOSING FILE

This cause having come before the undersigned on Petitioner's Notice of Voluntary Dismissal, filed July 1, 2009, and the undersigned being fully advised, it is, therefore,

ORDERED that:

1. The final hearing in this cause scheduled for July 31, 2009, is hereby canceled.

   
   

2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. Jurisdiction is hereby relinquished to ·the agency.

DONE AND ORDERED this 2nd day of July, 2009, in Tallahassee, Leon County, Florida.

(h - -1-

STUART M. LERNER

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filin (850) 921-6847

EXHIBIT

...6

. fl. us

Docket for Case No: 09-001786

Orders for Case No: 09-001786