STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, vs. , Case No.: 2010003904 CARETENDERS VISITING SERVICES OF HERNANDO COUNTY, LLC d/b/a BETTER @ HOME formerly known as QUALITY OF LIFE HOME CARE SERVICES, Respondent. ; / ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, State of Florida, Agency for Health Care Administration (“the Agency”), by and through its undersigned counsel, and files this Administrative Complaint against the Respondent, Caretenders Visting Services of Hernando County, LLC d/b/a Better @ Home formerly known as Quality of Life Home Care Services (“the Respondent”), pursuant to Sections 120.569-120.57, Florida Statutes, and alleges: NATURE OF THE ACTION This is an action to revoke the home health agency license of the Respondent, THE PARTIES 1. The Agency is the licensure and regulatory authority that oversees home health agencies in Florida and enforces the applicable federal and state regulations, statutes and rules governing home health agencies. Chs. 400, Part III, and 408, Part Il, Fla. Stat.; Ch. 59A-8, Fla. Admin. Code. The Agency is authorized to deny, revoke, or suspend a license, and impose an administrative fine. §§ 400.474, 400.484, 408.813, 408.815, Fla. Stat.; Fla. Admin. Code R. 59A-8.003, 59A-8.0086, Filed October 15, 2010 1:34 PM Division of Administrative Hearings. 2. The Respondent applied for and was issued a license (License # 299992209) to operate a home health agency. The Respondent was at all times material required to comply with the applicable federal regulations and state statutes and rules governing home health agencies, COUNT I The Respondent Failed to Provide at Least One Service Directly to a Patient for a Period of Sixty (60) Days In Violation of 400.474 (2)(e) Florida Statutes 3. The Agency re-alleges and incorporates by reference paragraphs 1| and 2. 4. Under Florida Law, “home health agency" means an organization that provides home health services and staffing services. § 400.462 (12), Fla. Stat. 5, Under Florida Law, "Home health services" means health and medical services and medical supplies furnished by an organization to an individual in the individual's home or place of residence. The term includes organizations that provide one or more of the following: (a) Nursing care, (b) Physical, occupational, respiratory, or speech therapy, (c) Home health aide services, (d) Dietetics and nutrition practice and nutrition counseling, (e) Medical supplies, restricted to drugs and biologicals prescribed by a physician. § 400.462 (14), Fla. Stat. 6. Under Florida Law, “Organization” means a corporation, government or governmental subdivision or agency, partnership or association, or any other legal or commercial entity, any of which involve more than one health care professional discipline; a health care professional and a home health aide or certified nursing assistant; more than one home health aide; more than one certified nursing assistant; or a home health aide and a certified nursing assistant. The term does not include an entity that provides services using only volunteers or only individuals related by blood or marriage to the patient or client. § 400.462 (22), Fla. Stat. 7. Under Florida law, the Agency may deny, revoke, and suspend a license and impose an administrative fine in the manner provided in Chapter 120, Florida Statutes. § 2 400.474(1), Fla. Stat. Under Florida law, any of the following actions by a home health agency or its employee is grounds for disciplinary action by the Agency: Violation of this part, part II of chapter 408, or of applicable rules, § 400.474(2)(a), Fla. Stat. 8. Under Florida law, in addition to the grounds provided in authorizing statutes, grounds that may be used by the Agency for denying and revoking a license or change of ownership application include any of the following actions by a controlling interest: ... A violation of this part, authorizing statutes, or applicable rules. § 408.815(1)(c), Fla. Stat. 9. Under Florida Law, failing to provide at least one service directly to a patient for a period of 60 days is grounds for disciplinary action by the agency. § 400.474 (2)(e), Fla. Stat. 10, The Agency conducted a licensure survey on the Respondent’ s facility on March 29, 2010 through March 30, 2010. 11. Review of Weekly Payroll/Billing Transaction History Report run on March 30, 2010 revealed that 3 discharge visits on December 4, 2009 were the last visits made by the Respondent. 12, Interview with the Respondent’s administrator on March 30, 2010 at 12:55PM disclosed that after all patients were either discharged to the community or discharged and admitted to another home health agency, all referral sources were notified that the Respondent was no longer accepting patients. It was the administrator’s understanding that the Respondent would be moving in the future to another location in Sumter County and would resume providing services. 13, Based on interview with the Respondent’s administrator and document review, the Respondent home health agency failed to provide a service directly to a patient for a period of sixty (60) days. WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, seeks the revocation of the Respondent’s home health agency license (License # 299992209), CLAIM FOR RELIEF WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, respectfully seeks: 1, Findings of fact and conclusions of law in favor of the Agency. 2. The relief set forth above. Respectfully submitted on this QPaay of Septen ber » 2010, Jk 2 Michael J. Hardy, Assistant Gen: Florida Bar No, 64854 Office of the General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 - Telephone: (850) 412-3630 Facsimile: (850) 921-0158 Counsel NOTICE The Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, and to be represented by counsel or other qualified representative. Specific options for the administrative action are set out within the attached Election of Rights form. The Respondent is further notified if the Election of Rights form is not received by the Agency Clerk’ Office within twenty-one (21) days of the receipt of this Administrative Complaint, a Final Order will be entered. The Election of Rights form shall be delivered to: Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Mait Stop 3, Tallahassee, FL 32308-5407; Telephone (850) 412-3630. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Administrative Complaint and Election of Rights Form were served to the below named individuals by the method designated on this 27 ay of Se poten ler , 2010. Michael J. (ee Gene Florida Bar No. 64854 Office of the General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 Telephone: (850) 412-3630 Facsimile: (850) 921-0158 Copies furnished to: Administrator Kriste Mennella, Field Office Manager Better @ Home HQA Area 3 1554 Bella Cruz Drive Agency for Health Care Administration Lady Lake, Florida 32162 (U.S, Certified Mail) 7008 1300 0000 6174 2289 (Interoffice Mail) OrStw-zo-Seszol ydiscey wimjay ORSeWOd _ yoog Areniqes ‘1 1 gg Wied Sd . ne eee Fae cones may 1952) wou eSUeL) eee cain OPN % feay eipg) LAsenyed pepuised “7 ‘coo «ew pansu [) asipueyaiay Jo} ydjscey wmed [] passed CJ wey ssaxbe [] PW PeuRED och eotos € sAn ON ~~ *Moleq ssauppe Aleayep J01u0 ‘SHAH Son db quay woyp waieyip sseuppe Alaniep St “C_ Tor ao 5 “syed eoeds jt U0. 64} HO JO v) ‘gooidyeui euy Jo YOR Oly 0} PIES SIA UOERY ria | “nok 0} pie ely WINISI UD OM UR OS QSIOAAI OU} UO SSAIPPE pue SUE anOA Wiig m © “paysop 5} Arealeg peyoulsey J y Wey aqaidwioo osjy “€ pur 'Z ‘| Suze SyeIcUIOD "ON X0G Od 10 aes ON I9Y. 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Docket for Case No: 10-009678