FILED .,

STATE OF FLORIDA AHCA

AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY CLERK

20l0 MAR 29 A IQ: 52

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

vs.

Petitioner,

DOAH NO: 10-975

AHCA NO: 2009002202

RENDITION NO.: AHCA-10-tt39o-s-OLC

TEHC, LLC,

Respondent.

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 The Notice of Intent to Impose Fine, Exhibit 1, is withdrawn and deemed superseded.

3. The Respondent's request for an Administrative proceeding is hereby withdrawn.

   
   

   Filed March 31, 2010 11:51 AM Division of Admin1istrative Hearings.

   
   

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

   
   

5. The above-styled case is hereby closed.

DONE and ORDERED this day of               , 2010, in Tallahassee, Leon County, Florida.

Tho nold, Secretary

Agency f alth 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

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 Z of C& , 2010.

Richard Shoop, Agency Cler

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

Tallahassee, Florida 32308-5403

(850) 412-3630

Certifle<;{ Arti te !'Jumber :

7160 3901 9848 1380 03891

CHARLIE CRIST GOVERNOR

February 27, 2009

FLORIDA AGENCY FOR HEAJ.lH CARE ADMINISTRATION

Better Health Care for all Floridians

HOLLY BENSON SECRETARY

KELLY MARIE DAMAS TEHC, LLC

8525 NW 53 TERRACE STE 200

MIAMI, FL 33166-4521

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{ ._ •.,.

LICENSE NUMBER: 201750961

CASE #: 2009002202

NOTICE OF INTENT TO IMPOSE FINE

Pursuant to Section 400.474 (6) (f), Florida Statutes (F.S.), a fine of $5,000 is hereby imposed for failure to submit the home health agency qua1terly report within 15 days after the quarter ending September 30. As req ired in section 400.474(6) (f), F.S., the agency shall impose a fine of$ 5,000.

TO PAY NOW, PAYMENT SHOULD BE MADE WITHIN 21 DAYS AND MAILED WITH A COPY OF THIS NOTICE OF INTENT TO:

Agency for Health Care Administration Finance and Accounting, Revenue Section OMCManager

2727 Mahan Drive, MS #14

Tallahassee, FL 32308

Include License Number: 201750961 and Case Number: 2009002202 in check memo field.

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 conform 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 OF RIGHTS FORM.

Agency for Health Care Administration

By: Anne Menard, Manager Home Care Unit

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

2727 Mahan Drive,MS#34

Tallahassee, Florida 32308

EXHIBIT _j    

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Petitioner,

vs.

DOAH No: 10-975

AGENCY No: 2009002202

TEHC, LLC,

Respondent.

                                                              I

SETTLEMENT AGREEMENT

Petitioner, State of Florida, Agency for Health Care Administration (hereinafter the "Agency"), through its undersigned representatives, and Respondent, TEHC, LLC (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 was 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 oflntent to Impose Fine notifying the party of its intent to impose a fine of five thousand dollars ($5,000.00) for the alleged failure to timely file a mandatory report pursuant to Section 400.474(6)(f), Florida Statutes (2008); and

SA NOI Dismiss

EXIIIBIT

WHEREAS, the Respondent requested formal administrative hearings by filing an election of rights form or by petition; and

WHEREAS, a referenced report was not necessary for the referenced license number;

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 of Intent 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. 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.

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

    
    

13. 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.

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

    
    

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

Depu tary

Healt ity Assurance

Agency for Health Care Administration 2727 Mahan Drive

Tallahassee, Florida 32308 DATED: laJ/o

Jus·

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308 Florida Bar No. 79741 DATED: -3,/4-s-,l-o---

Administrator TEHC,LLC

8525 Northwest 53rd Terrace, Suite 200

Miami, FL 33166

s . alsh II, Senior Attorney Florida Bar No. 566365

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

DATED:#

St. Petersburg, Florida 33701

Docket for Case No: 10-000975

Orders for Case No: 10-000975