STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

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AHCA

AGENC Y CLE R K

zoo JUL 22 A 11: lt 3

vs.

Petitioner,

FRAES NO: 2009002194

DOAH NO: 09-3526

RENDITION NO.: AHCA-09- w 2,0 -5-OLC

ST. JUDE BEST HOME CARE, INC.,

Respondent.

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FINAL ORDER

Having reviewed the Notice of Intent to Impose Fine, attached hereto and incorporated herein (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. The Notice of Intent to Impose Fine, Exhibit 1, is withdrawn and deemed superseded.

   
   

   
   

   Filed July 22, 2009 1:12 PM Division of Administr1ative Hearings.

   
   

3. The Respondent's request for a formal administrative proceeding is withdrawn.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 o2/ day of in Tallahassee, Leon County, Florida.

........""'-----+---' 2009,

Holly Benson, Secretary

Agency for 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:

CERTIFICATE OF SERVICE

cMy ,

I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named perso and entities by U.S. Mail, or the

method designated, on this the ,2Z day of

2009.

Richard Shoop, Agency Clerk

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

Tallahassee, Florida 32308-5403

(850) 922-5873

03/27/2009 07:29 8504142'1 · •

ICA

CHARl.lE CRIST GOVERNOR

Febnmry 27, 2009

MARTHA CECILIA ACERO.

FIORIOil AGENCY fOR Hl!Al:TH CARE N.JMINISTRATION

Better Health Care for afl Floridians

HOLLY BENSON

SECRETARY

ST .ruDE BEST HOME CARE INC 1055 EAST 4 AVE, STE A HIALEAH, FL33010

LICENSE IkuMJ3ER: 299992450

CASE#: 2P09002194

NOTICE OF lNTENI TO IMPOSE FINE

Pursuant to Section 400.474 (6) (f), f'lorida•Statut.es (F.S.), a fine of $5,00lis h reby Jrnposcd for failure to submit the ho1ne l1ealtb. agency quartel'ly report within 15 days after the muter ending Septorober 30. As fequired in section 400.474(6) (f). F.S., the a.gency shall im.pose a. fine f.$ S,000.

. TO PAY :r:i.OW, P6XMENT SHO!]LD BE MADE WITHIN 21 DAYS AND MAII&D WlTH A

. COP\': QF THIS ;tS:OTICE OF INT NT TO: .

Agency for Health Care Administration Finance and Accountin& Revent,e Section OMCManager

2727 Mahan Drive, MS #14

Tallahassee, FL 32308

lnolude License Number: :2.99992450 and Case Number: 2009002194 In c eok memo field,

;EXF.yt\NATION OF RIGHTS ·

Pursuant to Section 120.569, F.S., you have tbe right to request an administrative hearing, Jn order to obtain a formal proc ding before the Division of Administradve Hearing u.nder Section 120.57(1), F.S., your requost for au adrnlnis1rative hearing must con.form to tbe requlreme ts in Section 28•106.201, .

. Florida Admitlistrative Code (F.A.C), and must state the material facts yo dispute.

SEE ATTACBED· ELECTXON OF RlGllTS FORM, .

Agency for Health Care Administration

By: Anne Mena.rd, Manager Home Care Unit

cc: Agency Clerk, Mail Stop 3

Legal Intake Uoit, Mail Stop 3

2727 MllMn Orive,MS#34

iallaha•ssee, Florida 32308

Visit AHCA online at

Mtp://eh<'-" ...,,,.,_ ·•-• -

EXHIBIT -•1s-=--

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Petitioner,

vs.

DOAH No. 09-3526

FRAES No: 2009002194

ST. JUDE BEST HOME CARE, INC.,

Respondent.

I

SETTLEMENT AGREEMENT

Petitioner, State of Florida, Agency for Health Care Administration (hereinafter the "Agency"), through its undersigned representatives, and Respondent, St. Jude Best Home Care, 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

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

WHEREAS, the Agency served the Respondent with a Notice of Intent to Impose Fine notifying the party of its intent to impose a fine of five thousand dollars ($5,000.000) for the alleged failure to timely file a mandatory report pursuant to Section400.474(6)(f), Florida Statutes (2008); and

WHEREAS, the Respondent requested a formal administrative hearing by filing an

election of rights form or by petition; and

SA NOi Dismiss EXHIBIT .il.

WHEREAS, the Agency has determined that the referenced report was timely filed; 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 request for an administrative proceeding; agrees to waive any and all proceedings and appeals under Chapter 120, Florida Statutes 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 ofrelief 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 oflaw) to which it may be entitled as to this matter. 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 that the Notice oflntent to Impose Fine directed to Respondent and dated February 27, 2009 shall be deemed withdrawn and superseded.

   
   

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. 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).

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

   
   

8. This Agreement shall become effective on the date upon which it is fully executed by all the parties.

9. 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 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 the Notice oflntent referenced herein, including, but not limited to, any claims that were or may be asserted in any federal or state court or administrative forum, including claims arising out of the subject of this Agreement, by or on behalf of the Respondent or related or resulting organizations.

10. This Agreement is binding upon all parties herein and those identified in the aforementioned paragraph of this Agreement.

11. In the event that Respondent 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.

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

    
    

14. 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.

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

    
    

16. The following representatives hereby acknowledge that they are duly authorized to enter into this Agreement.

Deputy

Health Assurance "'

Agency for Health C inistration 2727 Mahan Driv

Tallahassee, Flo

Justin M. Senior, General ounsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

Florida Bar No. 64 914

Administrator /'

St. Jude Best Home Care Inc. 1055 East 4th Avenue, Suite A Hialeah, FL 33010

alsh II, Senior Attorney No. 566365

gency for Health Care Administration 525 Mirror Lake Drive, Suite 330G

St. Petersburg, Flori a 33701 DATED:

Docket for Case No: 09-003526

Orders for Case No: 09-003526