STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION APEX LABORATORY INC.,

Petitioner,

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AHCA

AGE NCY CL ERK

zooq JUL -8 P 3: OS

v.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

DOAH No: 09-3498

AHCA No: 2009006594

RENDITION NO. : AHCA-09- 'Slq -5-0LC

Respondent.

---------------'

FINAL ORDER

Having reviewed the Notice of Intent dated June 10, 2009, attached hereto and incorporated herein (Ex. 1), and all other matters of record, the Agency for Health Care Administration ("the Agency") has entered into a Settlement Agreement (Ex. 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. The Agency's Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review is rescinded.

3. The Petitioner's request for formal administrative proceedings is

   
   

   1

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

   
   

   withdrawn.

   
   

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

   
   

5. The above-styled case is hereby closed.

DONE and ORDERED this ff_ da of c/a.-J,/

in Tallahassee, Leon County, Florida.

, 2009,

Secretary

alth Care Administration

A PARTY WHO IS ADVERSELY AFFECTED B THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE NSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE A ENCY CLERK OF AHCA, AND A SECOND COPY, ALONG WITH FILING FE AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTER OR WHERE A PARTY RESIDES. REVIEW OF PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE N TICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE RDER TO BE REVIEWED.

Copies furnished to:

CERTIFICATE OF SERVICE

)3/ ,

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 of :C

2009.

c

Richard Shoop, Agency Clerk

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

Tallahassee, Florida 32308-5403

(850) 922-5873

CHARLIE CRIST GOVERNOR

June 10, 2009

FLORIOb.N38Cf FOR HEIILTH CARE AOMINISlRAllON

JJu1CA

Better Health Cara for all Floridians HOLLY BENSON SECRETARY

RECl IL /RETURN RECEIPT REQUESTED

ANTHONY T GAROFALO

G \\, :•..,. ,,,

.ouNSEL

APEX LABORATORY INC 170FINNCT FARMINGDALE, NY 11735

JUN 16 2009

Ag(lm<oY 1 or Health

care Administration

LICENSE NUMBER: 800022307

CASE #: 2009006594

NOTICE OF INTENT TO DEEM APPLICATION INCOMPLETE AND WITHDRAWN FROM FURTHER REVIEW

Your application for license is deemed incomplete and withdrawn from further consideration pursuant to Section 408.806(3)(b), Florida Statutes, which states that "Requested infonnation 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 March 23, 2009 to provide further info1mation 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 April 06, 2009. As this requested information was not timely received by the Agency, your application is deemed incomplete and withdrawn from further consideration. The outstanding issues remaining for licensure are:

Failure to submit corrections upon request for RENEWAL application:

1. On Page 5 of9 of the Renewal application form 3170-2004, the Owner Name and Federnl

   Tax ID number do not match current files.

2. Test menu lists panels, not individual tests.

3. Section 2A of the Health Care Licensing Application does not match section 2A of the Health Care Licensing Application Addendum.

4. Affidavit of Compliance with Background Screening Requirements form 3100-0008 for the Laboratory Director.

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 confonn 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 AND EXPLANATION OF RIGHTS FORMS.

Certified Article Number

7160 3901 11848 3738 2137 I

. SENDERS RECORD ·

2727 Mahan Drlve,MS#32

Tallahassee, Florida 32308

Visit AHCA onllne at http://ahca. myflorida. co

EXHIBIT

i l

Apex Laboratory Inc Page2

June 10, 2009

Karen Rivera, Manager Laboratory Licensure Unit

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

O:JtJ:IL.l.tJ.L:..10

F,om 8 09210158 Page. 2/8 Dace 6126'20094 2U5PM

l"'F-IIOC:.. (.I.I,.; tJ j

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

APEX LABORATORY, INC;,

Petitioner,

vs. Case No.: 09-3498

FRAES No. : 2009006594

STATE OF FLORIDA, AGENCY-FOR

HEALTH CARE AMINISTRATION,

Respondent.

SETTLEMENT AGREEMENT

Respondent, State of Florida, Agency for Health Car Administration (herelnalter the "Agency"), through its undersigned representatives, and Petitlonerr APEX LABORATORY, INC. (herelnafter "Petitioner"), pursuant to

Section 120.57(4), Florida Statutes, each indlvldually, a "party," collectively

as "parties," hereby_ enter into this Settlement Agreement ("Agreementn) and agree as follows:

WHEREAS, the Petitioner is a cUnical laboratory licensed pursuant to Chapter 483, Part I, Florida Statutes and the Chapter 59A-7, Florlda Administrative Code; and

WHEREAS, the Agency has jurisdiction by virtue of being the

regulatory and licensing authority over licensure of Petitioner; and

Recieved By Apex Laboratory, Inc. 6/26/2009 4:21:35 PM

EXHIBIT

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From a D921015e Peg 319 Date 6/26;irJ004.2l.35PM

WHEREAS,· the Agency served the Petitioner with a Notice of Intent dated June 10, 2009, notifying the Petitioner of its· intent to withdraw its application from further review; 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 rn good faith and agreed that the best inter-est of c1II the parties will be served by a settlement of this proceeding; and

NOW THEREFORE, in conslderatron 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 finding$ 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)r a

   
   

   2

   
   

   From 850021015S Page.4I Dai• 'l/Z6120004.2135?M r-H4-:JC.. t.1._.J CJ:,

   
   

   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 jurisdictfon; 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 is withdrawn.

   2. The Petitioner's request for formal 9dm inist ratlve

proceedings is withdrawn.

S. 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.

1. Upon full execution of this Agreement, the Agency shall enter a Flnal Order adopting and incorporatfng the terms of this Agreement and closing the above-styled case{s).

2. Each party shall bear Its own costs and att orney1s fees.

3. This Agreement shall become effective on the date upon which it

   
   

   is fully executed by all the parties.

   
   

   3

   
   

   F,om 9210158 Page. 519 Date 6/26120094 2136PJ./I

   
   

4. 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 lts agents, representatives, and attorneys of atl 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 artsing out of this Agreement, by or on behalf of the Petitioner or

   related or resulting organizations.

   
   

5. This Agreement is binding upon a!I parties herein and those

   
   

   Identified in the aforementioned paragraph of this Agreement.

   
   

6. In the event that Petitioner Is or was a Medicaid provider, this settlement does not prevent the Agency from seeking Medicaid overpayments or fro Imposing any sanctions pursuant to Rule 59G 9.070r Florida Admintstrative Code.

7. The undersigned have read and understand this Agreement and have authority to bind their respective principals to it.

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

   
   

   From 8509210158 Page 6/9 oere n/26120094 21 35PM

   
   

9. 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.

10. All parties agree that a facsimile signature suffices for an origlnal signature.

11. · The following representatives hereby acknowledge that hey are duly authorized to enter into this Agreement.

ms

- --.•.·. -or0.. -- .

P. E rly

HQA D puty Secretary Apex Laborato

Agency for Health are Administration 170 Finn Court

2727 Mahan Drlv , ,Bldg 1 Farmingdale, NY 11735

Tallahassee, Fl 3 08 ,

'/

.1 -"

J.•Justin Senior, General Counsel

tJA Agency for Health C Administration

2727 Mahan Drlv ·1 top #3

Tallahassee, Fl

- >(J(J?/

Thomas Hoeler, Chief Counsel

Agency for Health Care Administration

2727 Mahan Drive, Mai Stop #3

Tallahassee, Flori 3 308

Docket for Case No: 09-003498

Orders for Case No: 09-003498