STATE OF FLORIDA FILED

AGENCY FOR HEALTH CARE ADMINISTRATION AGENACHYCCALERK

2010 JUN 22 A 8: lt q

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

vs.

Petitioner,

Case No.: 10-001581

Provider No.: 651177500

C.I. No.: 10-1061-800

ACE HOME HEALTH SERVICES, CORP.,

Respondent.

                                                                     I

FINAL ORDER

THIS CAUSE came before the undersigned for issuance of a Final Order on a Notice of Sanction, dated February 18, 2010 (C.I. No. 10-1061-800). By the Notice of Sanction, the AGENCY FOR HEALTH CARE ADMINISTRATION ("AHCA" or

"Agency"), informed the Respondent, ACE HOME HEALTH SERVICES, CORP.,

("PROVIDER"), that the Agency was seeking to recover a fine in the amount of

$2,000.00 for violation(s) of Rule 59G-9.070(7)(e), Florida Administrative Code. The Notice of Sanction provided full disclosure and notice to the PROVIDER of procedures for requesting an administrative hearing to contest the sanction.

On or about March 8, 2010, the PROVIDER filed a petition with the Agency, requesting a formal administrative hearing. The Agency forwarded PROVIDER'S hearing request to the Division of Administrative Hearings ("DOAH") for a formal administrative hearing. On May 24, 2010, the PROVIDER filed a Notice of Withdrawal of Petition for Formal Hearing with DOAH, providing notice of withdrawal of its

ARCA v. Ace Home Health Services, Corp. (DOAH #10-001581) Final Order - Page I of 4

Filed June 22, 2010 3:14 PM Division of Administrative Hearings.

previously filed Petition for Formal Hearing, and requesting that the matter be returned to the Agency for disposition. On May 25, 2010, DOAH closed its case file on this matter and relinquished jurisdiction to the Agency.

FINDINGS OF FACT

The PROVIDER received the Notice of Sanction that gave notice of PROVIDER'S right to an administrative hearing regarding the fine. The PROVIDER filed a petition requesting an administrative hearing, and then caused that petition to be WITHDRAWN, and the administrative hearing case to be CLOSED. PROVIDER chose not to dispute the facts set forth in the Notice of Sanction, dated February 18, 2010. The facts alleged in the Notice of Sanction are hereby deemed admitted. The Agency hereby adopts the facts as set forth in the Notice of Sanction, including the fine in the amount of

$2,000.00, which is now due and owing, from PROVIDER to the Agency.

CONCLUSIONS OF LAW

The Agency incorporates and adopts each and every relevant statement and conclusion of law set forth in the Notice of Sanction, dated February 18, 2010. The admitted facts support the legal conclusion that the fine in the amount of $2,000.00 is now due and owing from PROVIDER to the Agency within thirty (30) days of the issuance of this Final Order.

Based on the foregoing, it is hereby

ORDERED AND ADJUDGED that PROVIDER remit, forthwith, the sum of

$2,000.00 within thirty (30) days of the issuance of this Final Order. The PROVIDER'S request for an administrative hearing is DISMISSED.

. /JI )r ,-t'u.      

DONE AND ORDERED this 05..1_ day of           '-ll.. , 2010, m

Tallahassee, Florida.

Thomas W. Arnold, Secret

Agency for Health Care Administration

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A 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 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:

Christopher A. Parrella, J.D., CHC, CPC The Health Law Offices of

Anthony C. Vitale, P.A.

2333 Brickell Avenue, Suite A-1 Miami, Florida 33129

(Via U.S. Mail)

Ken Yon, Bureau Chief Medicaid Program Integrity 2727 Mahan Drive

Building 2, Mail Station 6

Tallahassee, Florida 32308 (Interoffice Mail)

Tracie L. Hardin, Esquire

Agency for Health Care Administration 2727 Mahan Drive

Building 3, Mail Station 3

Tallahassee, Florida 32308 (Interoffice Mail)

Agency for Health Care Administration Bureau of Health Quality Assurance 2727 Mahan Drive, Mail Stop 9

Tallahassee, Florida 32308

License# 299991991 (Interoffice Mail)

Peter Williams, Inspector General Medicaid Program Integrity

2727 Mahan Drive

Building 2, Mail Station 6

Tallahassee, Florida 32308 (Interoffice Mail)

June C. McKinney Administrative Law Judge

Division of Administrative Hearings The Desoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060 (Via U.S. Mail)

Agency for Health Care Administration Bureau of Finance and Accounting 2727 Mahan Drive

Building 2, Mail Station 14

Tallahassee, Florida 32308 (Interoffice Mail)

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing document has been furnished to the person(s) named the above by the indicated means of delivery, on

this z;:2of ( ).;;;:...e -= , 2010.

c                    

Richard Shoop, Esquire Agency Clerk

Agency for Health Care Administration 2727 Mahan Drive

Building 3, Mail Station 3

Tallahassee, Florida 32308

Telephone: (850) 412-3630

Fax: (850) 921-0158

Docket for Case No: 10-001581MPI

Orders for Case No: 10-001581MPI