F.,, E...,

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

LEE MEMORIAL HOME HEALTH, INC.,

IL '" u

AHCA

A G E NCY CLERK

zooq Nov -s P 2= s1

vs.

Petitioner,

DOAH CASE NO.: 09-5361 AHCA CASE NO.: 2009011154

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

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent,

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

FINAL ORDER

Having reviewed the Denial of the Request to Expand the Geographic Service Area dated April 14, 2009 (Exhibit 1-B) that was issued to the Petitioner, Lee Memorial Home Health, Inc. (hereinafter "the Petitioner''), and all other matters of record, and having entered into a Settlement Agreement with the Petitioner (Exhibit 1); the Agency for Health Care Administration (hereinafter "the Agency"), finds and concludes as follows:

1. The Settlement Agreement is attached hereto and made a part hereof.

   
   

   The parties are directed to comply with the terms of the Settlement Agreement.

   
   

2. The Denial of the Request to Expand the Geographic Service Area is withdrawn and the Petitioner's request for expansion of its geographic area to include Collier County, Florida, is APPROVED.

3. The Petitioner's request for formal administrative proceeding is dismissed.

   
   

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

   
   

5. The above-styled case is hereby closed.

1

Filed November 9, 2009 11:57 AM Division of Administrative Hearings.

DONE AND ORDERED on this _i, day of 2009,in Tallahassee, Leon County, Florida.

TH RNOLD, Secretary

Agency i th Care Administration

NOTICE OF RIGHT TO JUDICIAL REVIEW

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, IN THE DISTRICT COURT OF APPEAL 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 THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

Copies furnished to:

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing Final Order was served on the

above-named person(s) and entities by U.S. Mail or the method designated on this

ayof , 2009.

RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

(850) 922-5873

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION LEE MEMORIAL HOME HEALTH, INC.

Petitioner, DOAH CASE NO: 09-5361 AHCA CASE NO: 200901154

vs.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION

Respondent.

I

SETTLEMENT AGREEMENT

State of Florida, Agency for Health Care Administration (hereinafter the "AHCA"), through its undersigned representatives, and LEE MEMORIAL HOME HEALTH, INC. (hereinafter "Lee Memorial"), 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, Lee Memorial is home health agency, located at 2070 Carrell Road, Suite B Fort Myers, Florida (HH#20643096);

WHEREAS, AHCA, as the licensing and regulatory agency over home health care facilities, has jurisdiction over the licensure and regulation of Lee Memorial pursuant to Rule 59A-8 Florida Administrative Code and pursuant to Chapter 400, Part III, Florida Statutes;

WHEREAS, on or about December 23, 2008, Lee Memorial requested expansion of geographical services in Collier County (Exhibit A);

WHEREAS the Agency denied such request on or about date of April 14, 2009 (Exhibit

1. ;

   
   

   I

   EXHIBIT

   j

   
   

   WHEREAS, Lee Memorial filed an administrative complaint seeking relief with the Division of Administrative Hearing (Exhibit C); 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 further litigate the dispute.

   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. LEE MEMORIAL agrees to file with the Division of Administrative Hearings a Motion to Relinquish to the Agency the pending action for purposes of effecting this settlement.

   4. Upon full execution of this Agreement, Lee Memorial agrees to voluntarily dismiss its pending action and to waive compliance with the form of the Final Order (findings of fact and conclusions of law). No agreement herein will be deemed a waiver of either party's • right to judicial enforcement of this Agreement.

   5. Upon full execution of this Agreement, the parties agree to the entry of a Final Order by the Agency approving the expansion of Lee Memorial's geographical service area to Collier County, Florida

   6. Venue for any action brought to interpret, challenge, or enforce the terms of this Agreement, or of the Agency's Final Order adopting this Agreement, shall be solely and exclusively in the Circuit Court in Leon County, Florida.

   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.

      ,. ...

      
      

   8. Each party shall be solely responsible for its respective costs and attorneys' fees.

      
      

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

   10. Lee Memorial, 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, representative, 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 Lee Memorial or related or resulting organizations.

   11. This Agreement is binding upon all parties herein and those identified m paragraph 10.

   12. The undersigned have read and understand this Agreement and have authority to bind their respective principals to it. Lee Memorial' s representative has the capacity to execute this Agreement and has done so with the advice of counsel.

   13. This Agreement constitutes the entire understanding and agreement of the parties.

       
       

   14. This Agreement supersedes any prior oral or written agreement(s) 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.

W. David atkins, Esquire Florida Bar No. 437190 Watkins & Associates, P. A. Post Office Box 15828 Tallahassee, FL 32317-5828

I

DATED: /o/f /41

J

Justin

General Counsel

Florida Bar No. 0079741

DATED:

l?,_,.4_/4 0...._(J _

Assistant General Counsel Florida Bar No. 0023851

, 9/16/2009 12:15 2394182992 LMH HOME HLIH AUMlN

.. :-

H6ivmHFAljrH

Tuesday, December 23, 2008

Agp:,cy for Health Care Administration

Home Care Unit

2727 Mllhan Drivo. Mail Stop# 34

Tallahassee, Fl. 32308

l"'I-IUt:. 'CU.I t:J .:,

To Whom Jt May Concem:

RE: Request for the addition of Collier County Lee Memorial Home Health, Inc. (HH #20643096)

aemce

or

Whereas Lee M orial Home Health, Ino. (LMHH) is a Medicare / Medicaid certified home health agency, liein the S1ato of Florlda.aod acCNdited by Communit)' Health Accreditation Program, Inc.; we respectfully iequeat that the A y for Health Care Administration approve the additionr>f Collier Count)' to our licensed ma.. ID compliance with S9A .007(2). Florida Statutes, below is a plim for "coverage of the.pof'essional staff which takes int9 acoount the psoj number olients in the requested geographic service area, ud supervision of the stadf in the requeated geographic service L .,

We expect an loitial census of approximately twenty-five (2S) to fifty (SO) intennittart <:lienta within Collier Comity during calendar year 2009. To meet this need, we will 11S$lgn our south Lee county tem:n to cover patients withColller County. This team consists of six reaisteled nurios, five physical thetapists, two physical therapy ass.is_,.., one occupationel therapiat, and one hQme health aid; as well aspro re nata (PRN) registered nunes, speech therapists, and medical social workers. This team will grow, asneeded. to meet furtbor demand within Collier County. ·

LMHH c;\ll'l'ffltly treata patients in areas auch as Bonita Sprinas, which is sufficiently close to major population areu within Collier County- Naples and Golden Gate are approxi.matcly fifteen miles from our current service area. We expect that our clinical staffand supervisors will suoc:ossfully meet the patient needs of Collier County

The followina supervisors will be assigned to1ho team who will treat patients within Comer County:

Re&fonal Clinical Manager: A licensed registered nurse, reportina to the Director of NutSing, who currently supervises the followina ltaft: fifteen registered nutses. two licensed practical nwses, and two home health aides (includes twl-mne, part-time ind PRN).

2070 Carrell Raad, Stt. B • Pott Myers, Florida 33901 • 299-418-2900 • fax 2l9-418-2994 • www.LeeMtmoriai.org

ft

EXHIBIT

j

9/16/Z009 12:15-

2394182992

- -- ::--

LMH HOME HLTH ADMIN

l"A(:;!:. l:l;:$/

Therapy Supervisor: A licensed physical therapist, reporting to1be Administtator. who currently supctvises the following stetr: sevonteon physical therapists, thn,e physical tberapy assist81lts, eiaht occupational therapists, and one speech therapist (includes fialJ.tlme, pan-time and PRN).

If you have any questions ieprding this reques or if there is additio,w information needed, please feel free to contact my office by phone at 239-41B-2900, by e-mail at Cyntbi,.Chnstman@leememorial.org, or by mall at 2070 C811'ell Rd., Suite B. Fort Myers, FL, 33901.

Respectfully, ..

-;;dia.tJt4X=

Cynthia Cbris R.N., B.S. Executive Director (Admimttrator) Lee Memorial Home Health, Inc.

◄• .

2()70 CarrcJJ R.oad Ste 8 • 1=o '

, • rt Myers, Florida 8390l • 239-418-2900 • f 289- 4 1 8- 299

www.Lc:eMemonal.org

.f ·....

'I ·.)·..

CHARLIE CRIST GOVERNOR

April 14, 2009

HOLLY BENSON

SECRETARY

Lee Memorial Home Health 2070 Carrell Rd., STE 8

·Fort Myers, FL 33901

·oear Administrator: ..

. Our office has received yow- request to expand your current geographical service area to includ_e Collier County. In accordance with Chapter S9A-8.007 Florida AdministrativeCode, this agency9s administrative acdons including fines, suspensions. revocations or injunctions as well as your previous survey history were reviewed to determine your ability to provide quality services within the requested area.

Unfortunately, after careful review it has been detennined by the field office that your request can not be granted at this time.

If you have questions, please contact me via email at houstonp@ahca.myflorida.com or by phone

at (850) 414-60 I0.

Pamela Houston

Senior Human Services Program Specialist Home Care Unit

2727 Mahan Drlve,MS#U

Tallahaetee, Florida 32308

- fX•HIBlT.·2. .-

_.;

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Visit AHCA onllne at http:llahoa.myflorlda,com

EXHIBIT

Docket for Case No: 09-005361

Orders for Case No: 09-005361