STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

CENTER FOR DERMATOLOGY, P.A.,

FILED

AHCA

AGENCY CLERK

zooq JUL -s P 3: os

Petitioner,

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

DOAH No.: 09-3177

FRAES No.: 2009005482

RENDITION NO.: AHCA-09- 690 -S-OLC

FINAL ORDER

Having reviewed the Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review, dated May 12, 2009, attached hereto and incorporated herein (Ex. 1), and all other matters of record, the Agency for Health Care Administration ("Agency") has entered into a Settlement Agreement (Ex. 2) with the other party 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. Each party shall bear its own costs and attorney's fees.

   
   

3. The above-styled case is hereby closed.

   
   

   1

   Filed July 10, 2009 2:23 PM Division of Administrative Hearings.

   
   

   DONE and ORDERED this _f_day of _

   ,,_of""""--"'"""'"-l""""A-'-t_f

   , 2cf.i

   
   

   inTallahassee, Leon County, Florida.

   
   

   Holly Benson, ecretary

   Agency for He th 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:

   Stephen T. Maher Shutts & Bowen LLP 201 $outh Biscayne Boulevard Suite 1500, Miami Center Miami, Florida 33131	Jamie L. Jackson Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Bldg #3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail)
   Jan Mills	Karen Rivera
   Agency for Health Care Administration	Laboratory Unit Manager
   2727 Mahan Drive, Bldg #3, MS #3	Agency for Health Care Administration
   Tallahassee, Florida 32308	2727 Mahan Drive, MS #28
   (Interoffice Mail)	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 _._8:,.._P_day of-=:......-.--=-""-7-·....,,,. '-----' 20 g:-

   
   

   --

   
   

   Richard Shoop, Agency Clerk

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

   Tallahassee, Florida 32308-5403

   (850) 922-5873

   To:RS09210158

   
   

   CHARLIE CRIST

   GOVERNOR

   
   

   Mi,y 1l, 2009

   ADMTNTSTR.ATOR

   B1HMf HHlth care for.,,Flor'ltlltms MOU.Y BEN50N

   SECReTARY

   CEKTlPIBD MAll. / RETURN R.ECEW'r Rl?Q STED

   'PETER M WALLACH AND ST·TART F TOP.PER MOS PA

   1480 N UNIVERSllY DRIVE

   COP.AL SPR.INGS, E'L 3307 l

   LlC:f.NSE NUMBER: 800004917

   
   

   CAS£ #: 200900.5482

   
   

   !i()J'JC& a,ViUNT TO pEEM Al'fUCA:rJmr,,lX,COM1"1.V.Il., 'ND wrrlJDBAl»'ll fRQM

   FURTHER gvur.w

   or

   Your tappJIClltlan for license is d.:cmod lncompleto and wlthdrnwn ftom further consideration punnuu,t 10 SQQllon 408,806(3)(b), Plorida St11-Mea, wJii\;b i1litll¢8 that "Tteque vd informition omiHod from an 11ppllc•tk,n for Uccnsure, license renewal, or obnn1io ownership, other than an lnspectjon, must be.fll•d wilh the a cncy within 21 do.y, after the llSCDcy'1 rcqu fi:il' Qmltted inform11tion or tho oppllcadon shall be deemed incomplete and shitll be withdrawn from further oon,idonition llnd the f,ot sh•ll bo forfoi d' '.

   
   

   You were notified by c:orrcq,o"d11m:111 dntod Fobruar)' 28, 2009 to provide furthar infonnat1o11 nddrol\ ing identified appt1rcnt c1Tnr11 or ,'lmlsslont within twenty-one da.)'I trc,m &he rcoelpt of the Agency's correspondence, Our rec:ordl lndlc1110 you received this cornr11pondcncc: by certified mllfl on Murch 09, 2009. A11 this requested Information wa. not timcl)' received by tho Agency, your application is dc:c:mcd Incomplete and withdmwn C'l'oTTI further uonsidcnuion, TI1e ou'tt)IAl\dll\Q h1sue1 rornalnlng for liconsure are:

   • Corrected LIit ofTU!lts Performed: Tbe Pl'Clflclcney TtJstlng Comp ■11)' Ji11red I• not CLIA

   approved,

   
   

   ·-·· ..

   EXPLANAJJOJ! OF RlGWl'S

   l'ursuant to Section 120.S69, F.S., you h1n1c the rlgt11 to rcquost ,in 1.1dn1iuilllfAtfvc bc:arins, .(n or(J¢r to obtidn a formal proc;aodina before tho Di'lision of Admlnlstrn\.lvo 'Htorin under Section 120.57(1)1 P.S., your rcq1,1 1t for on administrative hearin11 musr i.:onronn to·m requfre1no11t.li in Seotlon 28-106.%0 I,

   FlorldA MminlNtr'o1tiYC Code (F.A.C), nnd must state tho material fru;ts you dispula.

   ION AND EXPLANATION OF RICRTS IORMS.

   
   

   Katen Rivera, Manaa r

   r :.bomtory LicL.'JldUrt: U11it

   
   

   l.)C: Agit,1.;y Cl\lrk, MBil Stop j

   Legal Lnt ¢ Unit. Mnll Stop '.l

   
   

   T:u1an11111, Plorida 32305

   Z7:z7 M11han Oriv,,MS#U

   Certified Adidti Nun1bcr

   
   

   SENDERS RECORD

   
   

   111111· 1/lhCI.myflcirld•. i:cim

   •

   
   

   Vi:rn Ai'iCA !lrtllno II\

   EXHIBIT

   I (

   JUN-05-2009 16:40 From: To:9509210158

   
   

   STATE OF FLOlUl)A

   AGENCY FOR HEALm CARE ADMlNlSTRATION

   RE: Pc,tor M Wall11c:h And Shari F Topper Mds P11

   CASE NO: 2009005482

   
   

   El,.RCTION OF RIGHTS

   Thill Jlh;:cti9n of Rishta form Is attaohed to II proposed Noti of lntont to Dcein Inc:omploio Rlld Withdraw fl-0111 Purther Rt!Vlew of the Agency for Hoslth Care Admi11istration (AHCA). Tua lltlc may be Nottcc ot lnlenc fO Dc:orn Incompluto and Withdraw from P'arthor Rcwlow or ,nmo otbcr notice vr

   •ntondcd adlon by AJiCA.

   An £1,sdpp oflUc,ltM muu be rclyrnecl hyJDBll or by fqr \Y.i!Jlln 21 de:m or the dg YOU rn:eh,e lhJ iHtaehefl rfgtlt:e o( Jntent to peom Tnenm111.11,s ■qd WltLdraw,,.ftpm fynher Reylm or pny nrJ,sr PDIURl d gctJon h,y ARCA.

   If' an Rleclkn1 g{ Rigg with )'OUI' IClecmtd optJon i, not nctlvccl by ,'\HCA within twenty.one (21) dn)'S from the dato you rocoivcd d1i1 notice of propo_.d ac;t(Qn, you will havo given up your right to t1on1.esr rhe Agenc)''III proposed agtlon amd w ti1111l ordorwfll b,:1,.ued.

   (PlciU$a n::J)Jy using thi, B)ccti,:1n qf Rjght, fnnn unless you.)'Our attorney er your roprosentBtiv prc:rcr io

   reply ncc:ordlna to Chapter 120, Florida Statutes (2006) lllld .Rul, :28, Florida Administrative Cod ■.)

   Plcase return your EL6C',CIQN 9.FRIQHTS to:

   Agency for HCA!th Administration

   AL1QnUon: Agency Clt::rk

   2727 Mahnn Drive, Mail Slup N3

   T•llahusao, Florida 32308

   Phon,:: (8SO) 9ll-:B73 Fax: (850) 921·01S8

   'PLM S.W...F-.c:r QNLY 1 op TI:JESE 3 OPTIONS,

   Ol''l"lON ONE (I.) I admit to tbe aJltptlons of facts and law contutned 11- tbo Notlee ofintcnt to

   DCIClm lncontpleta abd Withdraw from Furth•.- Rovti!W. o, other notice ot lnte•dod acdun by ABCA aad I waive my rli:bt to object and bavi, a hcnrln1, I 1.tndermnd that by Jiving up my rigbt lO A h•ring, a tlnal order will be 1,,cued that adopts tbc prop0scd agency nction and impoao11 the: proposed pcn11lty, fine= or nction.

   OP'flON TWO (2) I 11dmit to tha allcuation1 or taotl tOJ1C1ln111d In tbc N1,1Uce ur lnt.:Pt to

   0111-,sn lnaompl"to 11.,d.Wllhdraw rrom 11'ut111or Rovlew, or olbcr propoKd aetfoa by AHCA, but I w,,h to be bcurtl at 011 Informal prooeeclln1 (pursuant to Se<:tion 120.57(2), f'luridA Statute:1) where I mtiy submit testimony and wtincn cvld nce to tbc Agency tu shuw t..hat the proposed administrative llC: ion i, too 11cverc or that Lhc floe sbou Id bv roduccd.

   
   

   OPTION 1".l-lltf:E (3) _ - I cU11p11te the ancsatloo» uffatt contained In tho Notice otlntont fo Ocam I11completo •nd Wlthdnn, fmrn Further luview or other proposed acdoo by AHCA, And I r1:q11est a tormal hearing (pursuant to Sc:ctiun 120.57(1). Floridn Statuto1) before an . Adminis1ntlvc Law Judge l\J)pointed by the Divlsil)n of Administrative Hc11rin1:s,

   fl.,lliASE,.NOTE: Choo11in1 OPTIOii THREE (3), by i oit, l» u9-I tufflclcnt to obtain n f1mr..aJ

   hcarlni;. Yuu ahm mu t nte II writtan petition in order to obtnin a formal hc11ring before tho

   ...,... ., · - _,.. -' .. ,- = ••n♦:. ,_ U.nr:... ......,4,.,. c:.. 1-..,..,.tfn" 1')0 <i7f1' f.'lnl'l.-fn L'\tUtell. It must be

   
   

   JUN-05-2009 16:41 From: To:8509210158 P.17,,.17

   
   

   recelv(:d b)' the Agency Clerk ut tha address above within 21 clllys o( receipt or lhls proposed adminislrutivc aotlon. The roqut:u1L for rorrnal h rlng m1Jsl. cottform tc;, thi: requirements of Rule lR-

   106.201. Florida Administrntivc Code, which willim lhat it contnin:

   l. The T!M1\: and addre'5 of coch agi;noy llfl'ect(:d ond each agency's 1tfe or

   ldi,ntJfielldon nurnbor. If known:

   1. Your numc, addn1111, and telephone numoor, 111td th nimc, uddrcs!I, and telephone

      number of )'Our rcpti,acntativo or l1twyor, If any:

   2. An 9pJanation of how yoUl' sub1tantl11I Interests will be affected by Ihc Agency's

      proposed action;

   3. A statement of when and how you rccoivod notice ot'tho Agency's proposed action:

   4. A statement of tlll disputed issues of nmwria1 fact, If there arc nunc, you must s111tc that thon:t arc none; _

   5. A concise statement of me ultimate f111:1:S allc9cd. including the specific facts you contend wnmint rav rsJl or modi.flcatlon of the Aaency's proposed nclion;

   6. · A 6tati:nient of the spc:oific rules or su.tu.tcs )'OU c;lnlm require ri:,vorsal or modlflcAtion

      of the Agcn )"I proposed aotlon; and

   7. A 1tfttcment of the r¢lli=f yo1,1 are sceklns, stating ex.,ctly what uc.tion you wi1h th

Agcnt:-y to take with respeet to It., proposed 11otion.

(Medl11tlon under Section 120.S73, Florida. Statutes. may bo avaUablci in thill matter If the Agen y

agrees,)

License type: clinical laborntocy T..iccr.is= number: 800004917

Lfccn cc Nnme: Peter M Wallach And Shari F Topper Meis Pn

Contact l)crson: ·------

Name 'i'itle

Ad Ms:. _

Streot and numb(tt' -··· ··clty Zip Code

Telephone No. Fax No•. Email (optional). _

1 hereby eortify that J. pm duly authQTl d ro submit this Notice of Election of Righis to the Agency for Meahh Caro Adrninhitmtlon on behalf of th lictn$eo referred to 11bova.

Signed; Dat9;

Print Namo:. 'rittc: ·-------

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http://trkcnfrml.smi.usps.com/PTSinternetWeb/InterLabelinquiry.do 05/19/2009

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

CENTER FOR DERMATOLOGY, P.A.,

Petitioner,

vs. DOAH No.: 09-3177

FRAES No.: 2009005482

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

SETTLEMENT AGREEMENT

Respondent, State of Florida, Agency for Health Care Administration (hereinafter the "Agency"), through its undersigned representatives, and Petitioner, Center for Dermatology, 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 seeks clinical laboratory licensure pursuant to Chapter 483, Part I, Florida Statutes and Chapter 59A-7, Florida Administrative Code; and

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

s:\jamie\settlement agreements\center for dermatology\center for dermatology sa.docx

EXHIBIT

ir-Z

I

WHEREAS, the Agency served the Petitioner with a Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review (Notice of Intent) dated May 12, 2009; 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.

   
   

3. Upon full execution of this Agreement, Petitioner 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:

   1. The Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review dated May 12, 2009 is deemed superseded.

   2. The Petitioner's request for formal administrative proceedings is withdrawn.

   3. Upon the full execution of this Agreement, the Agency shall begin processing Petitioner's application.

   4. 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 neither admits nor denies the allegations raised in the Notice of Intent 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(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 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.

11. 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.

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.

Elizabet Dudek

HQA, Dep ty Secretary

Agen r Health Care Administration 2727 Mahan Drive, Bldg # 1

Tallahassee, Florida 32308

St n . Maher Shutts Bowen LLP Counsel for Petitioner

201 South Biscayne Boulevard Suite 1500, Miami Center Miami, Florida 33131

DATED: DATED:

7

&{Justin M. Senior General Counsel

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

Tallahassee, Florida 32308

DATED: 7/t,ky

=General Counsel

a (/!Wr4

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

Tallahassee, Florida 32308

l

DATED: (?V' l1Afa1

Docket for Case No: 09-003177

Orders for Case No: 09-003177