STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

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zaaq AUG 27 p 2: 31

vs.

Petitioner,

CASE NOS: 09-3158

09-176PH FRAES NOS: 2009002986

2009002188

SOFTCARE HOME HEALTH SERVICES, INC.,

Respondent.

RENDITION NO.: AHCA-09- 813 -5-OLC

FINAL ORDER

Having reviewed the Notices of Intent to Impose Fine, attached hereto and incorporated herein (Composite 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. Respondent shall pay, within ninety (90) days of the date of rendition of this Order, the amount of ten thousand dollars ($10,000.00).

   1

   Filed August 28, 2009 2:25 PM Division of Administrative Hearings.

   
   

3. Checks should be made payable to the "Agency for Health Care Administration." The check, along with a reference to this case number, should be sent directly to:

   Agency for Health Care Administration Office of Finance and Accounting Revenue Management Unit

   2727 Mahan Drive, MS #14

   Tallahassee, Florida 32308

   
   

4. Unpaid amounts pursuant to this Order will be subject to statutory interest and may be collected by all methods legally available

5. The Respondent's requests for Administrative proceedings are hereby withdrawn

6. Each party shall bear its own costs and attorney's fees.

   
   

7. The above-styled cases are hereby closed.

DONE and ORDERED this oi.?uia'ay of t2u pd

in Tallahassee, Leon County, Florida.

I 2009,

Ho 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.

Copies furnished to:

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 method designated, on this the zY of

entities by U.S. Mail, or the

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,2009.

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Richard Shoop, Agency Clerk

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

Tallahassee, Florida 32308-5403

(850) 922-5873

SENDERS RECORD

CHARLIE CRIST GOVERNOR

March 10, 2009

RAFAEL PENA

Better Health Care for all Florld;ans HOLLY BENSON SECRETARY

SOFTCARE HOME HEALTH SERVICES INC 175 FOUNTAINEBLEAU BLVD, STE 2 03

MIAMI, FL 33172

LICENSE NUMBER: 299993050

CASE #: 2009002986

NOTICE OF INTENT TO IMPOSE FINE

Pursuant to Section 400.474 (6) (f), Florida Statutes (F.S.), a fine of $5,000 is hereby imposed for failure to submit the home health agency quarterly report within 15 days after the qua1ter ending December 31. As required in section 400.474(6) (f), F.S., the agency shall impose a fine of$ 5,000.

TO PAY NOW, PAYMENT SHOULD BE MADE WITHIN 21 DAYS AND MAILED WITH A COPY OF THIS NOTICE OF INTENT TO:

Agency for Health Care Administration Finance and Accounting, Revenue Section OMCManager

2727 Mahan O1'ive, MS #14

Tallahassee, FL 32308

Include License Number: 299993050 and Case Number: 2009002986 in check memo field.

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 OF RIGHTS FORM.

EXHIBIT 1

Agency for Health Care Administration

By: Anne Menard, Manager Home Care Unit

cc: Agency Clerk, Mail Stop 3 Legal Intake Unit, Mail Stop 3

2727 Mahan Drlve,MS#34

Tallahassee, Florida 32308

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Certified Article.Number •-

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SENDERS, RECORD .

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CHARLIE CRIST GOVERNOR

February 27, 2009

FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION

Better Health Care for all Floridians

HOLLY BENSON SECRETARY

RAFAEL PENA

SOFTCARE HOME HEALTH SERVICES INC 175 FOUNTAINEBLEAU BLVD, STE 2 G3

MIAMI, FL 33172

LICENSE NUMBER: 299993050

CASE #: 2009002188

NOTICE OF INTENT TO IMPOSE FINE

Pursuant to Section 400.474 (6) (f), Florida Statutes (F.S.), a fine of $5,000 is hereby imposed for failure to submit the home health agency quarterly report within 15 days after the quarter ending September 30. As required in section 400.474(6) (f), F.S., the agency shall impose a fine of$ 5,000.

TO PAY NOW, PAYMENT SHOULD BE MADE WITHIN 21 DAYS AND MAILED WITH A COPY OF THIS NOTICE OF INTENT TO:

Agency for Health Care Administration Finance and Accounting, Revenue Section OMCManager

2727 Mahan Drive, MS #14

Tallahassee, FL 32308

Include License Number: 299993050 and Case Number: 2009002188 in check memo field.

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 OF RIGHTS FORM.

Agency for Health Care Administration

By: Anne Menard, Manager Home Care Unit

cc: Agency Clerk, Mail Stop 3 Legal Intake Unit, Mail Stop 3

2727 Mahan Drive,MS#34

Tallahassee, Florida 32308

Visit AHCA online at http:Ila hca.myflo rid a.com

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION,

vs.

Petitioner, Case No. 09-3158

AHCA Nos. 2009002986

SOFTCARE HOME HEALTH SERVICES, INC.,

Respondent.

I

STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION,

vs.

Petitioner, Case No. 09-176PH

AHCA Nos. 2009002188

SOFTCARE HOME HEALTH SERVICES, INC.,

Respondent.

I

SETTLEMENT AGREEMENT

Petitioner, State of Florida, Agency for Health Care Administration (hereinafter the "Agency"), through its undersigned representatives, and Respondent, Softcare Home Health Services, Inc. (hereinafter "Respondent"), 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 Respondent is a Home Health Agency licensed pursuant to Chapters 400, Part III, and 408, Part II, Florida Statutes, and Chapter 59A-8, Florida Administrative Code;

and

EXHIBIT ..2.-

WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing authority over Respondent; and

WHEREAS, the Agency served the Respondent with Notices of Intent to Impose Fine dated February 27 and March 10, 2009, notifying the party of its intent to impose a fine of five thousand dollars ($5,000.000) per occurrence for the alleged failure to timely file a mandatory reports for the periods July through September, 2008 and October through December, 2008, respectively, pursuant to Section 400.474(6)(t), Florida Statutes (2008); and

WHEREAS, the Respondent requested an informal administrative hearing regarding case number 2009002188 and a formal administrative hearing regarding case number 2009002986 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.

3. Upon full execution of this Agreement, Respondent agrees to a withdrawal of its requests 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 Respondent shall remit to the Agency, within ninety (90) days of the date of entry of a Final Order adopting this Agreement, administrative fines in the sum often thousand dollars ($10,000.00).

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 Respondent admits the facts and legal conclusions raised in the Notice of Intent referenced herein. Nothing in this Agreement shall be deemed to preclude the Agency from using this assessment of fines in weighing future administrative actions regarding the Respondent including, but not limited to, decisions regarding the licensure of Respondent, including, but not limited to, licensure for limited mental health, limited nursing services, or extended congregate care. The Agency is not precluded from using the subject events for any purpose within the jurisdiction of the Agency. Further, Respondent acknowledges and agrees that this Agreement shall not preclude or estop any other federal, state or local agency or office from pursuing any cause of action or taking any action, even if based on or arising from, in whole or in part, the facts raised in the Notice oflntent.

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(s).

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 Respondent, 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 and from 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 Respondent 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. The undersigned have read and understand this Agreement and have authority to bind their respective principals to it. Respondent has the capacity to execute this Agreement. Respondent 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. Respondent affirms that Respondent understands counsel for the Agency represents solely the Agency and Agency counsel has not provided legal advice to or influenced Respondent in its decision to enter into this Agreement.

13. In the event that Respondent was a Medicaid provider at the subject time of the actions alleged in the Notice of Intent referenced herein, this Agreement does not prevent the Agency from seeking Medicaid overpayments related to the subject issues or from imposing any sanctions pursuant to Rule 59G-9.070, Florida Administrative Code. This Agreement does not settle any federal issues pending against Respondent.

    
    

14. Respondent agrees that if any funds to be paid under this agreement to the Agency are not paid within ninety-one (91) days of entry of the Final Order in this matter, the Agency may deduct the amounts assessed against Respondent in the Final Order, or any portion thereof, owed by Respondent to the Agency from any present or future funds owed to Respondent by the Agency, and that the Agency shall hold a lien against present and future funds owed to Respondent by the Agency for said amounts until paid.

15. This Agreement contains the entire understandings and agreements of the parties.

    
    

16. 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.

17. All parties agree that a facsimile signature suffices for an original signature

    
    

18. The following representatives hereby acknowledge that they are duly authorized

to enter into this Agreement.

El /t

Deputy Secretary

Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive

Tallahassee, Florida 32308 DATED: ---=7+t...l:,uIF-/=4 ,_

Justin . Senior, eneral Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308 Florida Bar No. 6-48914 067974/

DATED:- --1,8 /2EJ/o'7---17 ---

na, dministrator

Softcare Home Health Services, Inc.

175 Fountainebleau Boulevard, Ste. 2 03

Miami, FL 33172

DATED:

Th. s J. Walsh II, Senior Attorney Florida Bar No. 566365

Agency for Health Care Administration 525 Mirror Lake Drive, Suite 3300

St. Petersbur , Flo ida 33701

"v\ C'\

Docket for Case No: 09-003158

Orders for Case No: 09-003158