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AGENCY FOR HEALTH CARE ADMINISTRATION vs SENIOR HOME CARE, INC. (MERRIT ISLAND, WINTER HAVEN, AND LAKE CITY), 09-003516 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-003516 Visitors: 3
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: SENIOR HOME CARE, INC. (MERRIT ISLAND, WINTER HAVEN, AND LAKE CITY)
Judges: WILLIAM F. QUATTLEBAUM
Agency: Agency for Health Care Administration
Locations: Orlando, Florida
Filed: Jun. 29, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 17, 2009.

Latest Update: Feb. 12, 2010
AHCA v Senior Home Care Inc



STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION,

FILED

AHCA

AGENCY CLERK

tOIO FEB II A IJ,:3


Petitioner,


vs. DOAH No. 09-3516

AHCA No. 2009002983

SENIOR HOME CARE, INC.,


Respondent. /


STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION,


Petitioner,


vs. DOAH No. 09-3517

AHCA No. 2009002984

SENIOR HOME CARE, INC.,


Respondent. ,/


STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION,


Petitioner,


vs.

DOAH No.

09-3528


SENIOR HOME CARE, INC.,

AHCA No.

2009002985


Respondent. /


FINAL ORDER

Having reviewed the Notices of Intent to Impose Fine dated March 10, 2009, attached hereto and incorporated herein (Comp. Ex. 1), and all other


Filed February 12, 2010 12:48 PM Division of Administrative Hearings.


matters of record, the Agency for Health Care Administration (hereinafter "Agency") finds and concludes as follows:

FINDINGS OF FACT

  1. The Agency issued three (3) Notices of Intent to Impose Fine stating the intent to impose an administrative fine in the sum of five thousand dollars ($5,000.00) against the Respondent, Senior Home Care, Inc. (hereinafter "Respondent"), a home health agency, for each license identified in the Notices of Intent for a total assessment against Respondent in the sum of fifteen thousand dollars ($15,000.00).

  2. The Notices of Intent to Impose Fine charged that Respondent failed to timely submit a quarterly report for its identified licenses for the quarter ending December 31, 2008, violating Section 400.474(6)(f), Florida Statutes (2008).

  3. The cause was properly referred to the Division of Administrative Hearings for proceedings according to law, See, Section 120.57(1), Florida Statutes (2009).

  4. By Order dated November 17, 2009, the Division of Administrative Hearings determined that no material issue of fact remained in dispute and relinquished jurisdiction to the Agency for Health Care Administration, a copy of which is attached hereto and incorporated herein (Ex. 2).


  5. The facts, as alleged and found, establish that Respondent failed to timely submit quarterly reports for the quarter ending December 31, 2008 for the identified licenses, violating Section 400.474(6)(f), Florida Statutes (2008). The fine imposed is five thousand dollars ($5,000.00) for each cause for the aggregate sum of fifteen thousand dollars ($15,000.00).

CONCLUSIONS OF LAW


  1. The Agency has jurisdiction over Respondent pursuant to the provisions of Chapters 400, Part III, 408, Part II, and Section 20.42, Florida Statutes, and Chapter 59A-8, Florida Administrative Code.

  2. An administrative fine in the sum of five thousand dollars shall be imposed by the Agency for the failure of a home health agency to timely submit a quarterly report as mandated by law. Section 400.474(6), Florida Statutes (2008).

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


ORDERED:


  1. An administrative fine of five thousand dollars ($5,000.00) is hereby imposed upon Respondent in each cause for the aggregate sum of fifteen thousand dollars ($15,000.00). The administrative fine is due and payable within thirty (30) days of the date of rendition of this Order.

  2. 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 and Accounting 2727 Mahan Drive, MS# 14

    Tallahassee, Florida 32308


  3. Unpaid amounts will be subject to statutory interest and may be collected by all methods legally available.

  4. The above-styled cases are hereby closed.

DONE and ORDERED this £ day of <2..£¥ , 20LD

in Tallahassee, Leon County, Florida.


Tho old, Secretary

Agency ----=--- Ith 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:


Donna Holshouser Stinson, Esq. Anna Small, Esq.

Broad and Cassel

Post Office Drawer 11300

Tallahassee, FL 32302-1300 (U.S. Mail)

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 (Electronic Mail)

Jan Mills

Facilities Intake Unit

Agency for Health Care Admin. (Interoffice Mail)

Thomas J. Walsh II, Senior Attorney Agency for Health Care Admin.

Office of the General Counsel (Interoffice Mail)


Agency for Health Care Admin.

Anne Menard, Unit Manager

Office of Finance & Accounting

Home Care Unit

Revenue Management Unit

Agency for Health Care Admin.

(Interoffice Mail)

(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 / y o_..;;_Fc_®....,=--e...L,..'/U=--- ..;..,,""c. Y

7

, 20/P._.


<:$=-?

Richard Shoop, Agency:

Agency for Health Care Administration

2727 Mahan Drive, Building #3

Tallahassee, Florida 32308-5403

(850) 922-5873


Docket for Case No: 09-003516
Issue Date Proceedings
Feb. 12, 2010 Agency Final Order filed.
Nov. 17, 2009 Order Granting Petitioner's Motion to Relinquish Jurisdiction and Respondent's Motion to Strike and Closing Files. CASE CLOSED.
Nov. 09, 2009 Motion to Strike Petitioner's Response to Respondent's Reply to Motion to Relinquish Jurisdiction filed.
Nov. 06, 2009 Petitioner's Response to Respondent's Reply to Petitioner's Motion to Relinquish filed.
Nov. 04, 2009 Respondent's Reply to Motion to Relinquish Jurisdiction filed.
Oct. 28, 2009 Deposition of Mary Ann Laverde filed.
Oct. 28, 2009 Notice of Filing of Deposition of Mary Ann Laverde filed.
Oct. 28, 2009 Motion to Relinquish filed.
Sep. 21, 2009 Respondent's Notice of Service of Responses and Objections to Petitioner's First Set of Interrogatories filed.
Sep. 21, 2009 Responses to First Request for Production filed.
Sep. 14, 2009 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 3, 2009; 9:00 a.m.; Orlando and Tallahassee, FL).
Sep. 10, 2009 Motion to Continue Final Hearing filed.
Aug. 28, 2009 Response to First Request for Admissions filed.
Jul. 15, 2009 Notice of Service of Agency's First Set of Interrogatories, Request for Admissions and Request for Production of Documents filed.
Jul. 09, 2009 Order of Pre-hearing Instructions.
Jul. 09, 2009 Notice of Hearing by Video Teleconference (hearing set for September 24, 2009; 9:00 a.m.; Tampa and Tallahassee, FL).
Jul. 09, 2009 Order of Consolidation (DOAH Case Nos. 09-3516, 09-3517 and 09-3528).
Jul. 06, 2009 Joint Response to Initial Orders and Joint Motion to Consolidate filed.
Jun. 30, 2009 Initial Order.
Jun. 29, 2009 Notice of Intent to Impose Fine filed.
Jun. 29, 2009 Request for Formal Administrative Hearing filed.
Jun. 29, 2009 Notice (of Agency referral) filed.

Orders for Case No: 09-003516
Issue Date Document Summary
Feb. 11, 2010 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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