STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ' STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, Case No.: 2010011219 vs. TRADITIONAL HOME CARE, INC., d/b/a MEDI HOME HEALTH AGENCY, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Agency for Health Care Administration (the “Agency” ) and files this, Administrative Complaint against Traditional Home Care, Inc., d/b/a Medi Home Health Agency ("Respondent”), and alleges: NATURE OF THE ACTION This is an action to impose. a fine in the amount of five thousand dollars ($5,000.00) pursuant to Section 400.474, Florida Statutes, for one violation of applicable law. JURISDICTION AND VENUE 1. The Agency has jurisdiction over the Respondent pursuant to Chapters 400, Part III, and 408, Part II, Florida Statutes. 2. Venue lies pursuant to°120.57, Florida Statutes, and Chapter 28, Florida Administrative Code. Filed December 22, 2010 11:09 AM Division of Administrative Hearings PARTIES 3. The Agency is the licensing and enforcing authority for Home Health Agencies pursuant to. Chapters 400, Part III, and 408, Part II, Florida Statutes, and Chapter 59A-8, Florida Administrative Code. 4, Respondent is a Home Health Agency with a principal place of business located at 1250 Belcher Road, South, Suite 140, Largo, Florida 33771, having been issued license number 299991748, 5... At all times material to the allegations of this administrative complaint, Respondent was required to comply with all statutes.and rules applicable to a home health agency licensed in Florida. COUNT T 6. The Agency re-alleges and incorporates paragraphs one (1) through five (5), as if fully set forth in this count. 7. Section 400,474(6), Florida Statutes, requires: (6) The agency may deny, revoke, or suspend the license of a home health agency and shall impose a fine of $5,000 against a home health agency that: (h) Has more than one medical director contract in effect at one time or more than one medical director contract and one contract with a physician-specialist whoge services are mandated for the home health agency in order to qualify to participate in a federal or state health care program at one time. 8, On October 1, 2010, the Agency conducted a complaint investigation survey (CCR #2010008812) of the Respondent. 9. Based on review of Respondent's documentation -- including contracts, invoices, and payments -- policies and procedures, and stafé interviews, the Respondent home health agency failed to ensure only one physician provided services as a medical director. 10. Review of documentation provided by the home health agency titled "Medical Directors 2010" revealed three (3) individuals were designated as Respondent’s Medical Director -- Physician #1, Physician #2, and Physician 43. 11. . Review of Advisory Committee membership for the home health agency for the years 2009/2010 and 2010/2011 revealed Physician #3. was listed as the Respondent’s medical director. 12. Review of the Respondent's three (3) physician's ~ contract files revealed Physician: #1 and Physician #2 had contracts to serve as medical director of the Respondent home health agency: "Medi Home Health . ... whose address is; 1250 Belcher Road South, Suite 140, Largo, FL 33771." Physician #1's contract was effective February 1, 2010, and Physician #2's contract was effective March 1, 2010. Physician #3 contracted to serve as medical director of the Respondent home health agency "Medi Home Health . . . whose address is: 1911 US Hwy 301 N, Suite 470, Tampa, FL 33619," effective January 1, 2010. There was no indication that any of the above contracts had been terminated at the time of the Agency's survey. 13. Review of policies and procedures failed to reveal any policies related to professional advisory committees or the medical director, Respondent’s Administrator provided a job description for the medical director position, but did not provide any policy or procedure for the medical director or the professional advisory committee. 14, In an interview with Respondent’s Administrator and Alternate Administrator on October 1, 2010, from approximately 10:00 a.m. through 3:00 p.m., both confirmed to the Agency’s gurveyor that Respondent simultaneously had contracted with more than one medical director. They stated that the three (3) physicians listed on the Medical Directors 2010 form were currently medical directors providing services for Respondent’s home health agency location. 15. Additionally, Respondent’s Administrator and Alternate Administrator told the Agency’s surveyor that the third medical director, Physician #3, provides medical director services to this location, if they are unable to reach another designated Medical Director. They stated Physician #3 has been listed as the medical director on the advisory committee for this home health agency and for another separately licensed agency under the same corporate name in Tampa. 16. The Administrator stated that there was no medical director or professional advisory committee policies or procedures: “Maybe corporate has a policy for their medical director, but there is nothing in this office." Respondent's Alternate Administrator stated she was obtaining a copy of Respondent’s policy and procedure for the professional advisory committee from "corporate," but no policy was provided to the Agency’s surveyor. 17. The above-recounted facts demonstrate that Respondent had more than one medical director contract in effect at one time, a violation of § 400,474(6) (h), Florida Statutes. WHEREFORE, the Agency intends to impose a fine in the amount of five thousand dollars ($5,000.00) for the cited violation, as mandated by Section 400.474, Florida Statutes. NOTICE . Respondent is notified that it has a right to request an administrative hearing pursuant to Section 120.569, Florida Statutes. Respondent has the right to retain, and be represented by an attorney in this matter. Specific options for administrative action are set out in the attached Election of Rights. All requests for hearing shall be made to the Agency for Health Care Administration, and delivered to Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, Bldg #3,MS #3, Tallahassee, FL 32308, whose telephone number is (850)412-3630, RESPONDENT IS FURTHER NOTIFIED THAT THE FAILURE TO REQUEST A HEARING WITHIN 21 DAYS OF RECEIPT OF THIS COMPLAINT WILL RESULT IN AN ADMISSION OF THE FACTS ALLEGED IN THE COMPLAINT AND THE ENTRY OF A FINAL ORDER BY THE AGENCY. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by U.S. Certified Mail, Return Receipt No. 7007 1490 0001 6979 2004 to Lori Lebrecht, Administrator, Medi Home Health Agency, 1250 Belcher Road &., Suite 140, Largo, Florida 33771-5209, and by U.S. Mail to Mary J. Hariton, Registered Agent for Traditional Home Care, Inc., 3250 N. Andrews Avenue, Pompano Beach Fl 33064, on November 22.., 2010. ames H. Harris, Esq. esistant General Counsel Bar, No, 817775 Agency for Health Care Administration 525 Mirror Lake Drive, 330D St. Petersburg, Florida 33701 727-552-1944 (office) 727-552-1440 (facsimile) Copies furnished to; Lori Lebrecht, Administrator James H. Harris, Esquire. Medi Home Health Agency Agency for Health Care Admin. 1250 Belcher Road, South 525 Mirror Lake Drive, #330H Suite 140 St. Petersburg, Fl 33701 Largo, Florida 33771-5209 (Interoffice Mail) (U.S, Certified Mail) , Field Office Patticia Caufman, |Mary J. Hariton, Registered Manager . Agent for Traditional Home Agency for Health Care Admin. Care, Inc. 525 Mirror Lake Dr., 4 Floor. 3250 N. Andrews Avenue St. Petersburg, FL 33701 Pompano Beach Fl 33064 (Interoffice Mail) (U.S, Mail) STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION RE: Traditional Home Care, Inc., . CASE NO. 2010011219 d/b/a Medi Home Health Agency. ELECTION OF RIGHTS This Election of Rights form is attached to a proposed action by the Agency for Health Care Administration (AHCA). The title may be Notice of Intent to Impose a Late Fee, Notice of Intent to Impose a Late Fine or Administrative Complaint. Your Election of Rights must be returned by mail or by fax within 21 days of the day you receive the attached Notice of Intent to Impose a Late Fee, Notice of Intent to Impose a Late Fine or Administrative Complaint, If your Election of Rights with your selected option is not received by AHCA within twenty- one (21) days from the date you received this notice of proposed action by AHCA, you will have given up your right to contest the Agency’s proposed action and a final order will be issued. (Please use this form unless you, your attorney or your representative prefer to reply according to Chapter120, Florida Statutes (2006) and Rule 28, Florida Administrative Code.) PLEASE RETURN YOUR ELECTION OF RIGHTS TO THIS ADDRESS; Agency for Health Care Administration Attention: Agency Clerk 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308: Phone: 850-412-3630 Fax: 850-921- 0158, PLEASE SELECT ONLY 1 OF THESE 3 OPTIONS OPTION ONE (1) J admit to the allegations of facts and law contained in the Notice of Intent to Impose a Late Fine or Fee, or Administrative Complaint and I waive my right to object and to havea hearing. I understand that by giving up my right to a hearing, a final order will be issued that adopts the proposed agency action and imposes the penalty, fine or action, , OPTION TWO (2) I admit to the allegations of facts contained in the Notice of Intent to Impose a Late Fee, the Notice of Intent to Impose a Late Fine, or Administrative Complaint, but I wish to be heard at an informal proceeding (pursuant to Section 120.57(2), Florida Statutes) where I may submit testimony and written evidence to the Agency to show that the proposed administrative action is too severe or that the fine should be reduced. OPTION THREE (3)_____I dispute the allegations of fact contained in the Notice of Intent to Impose a Late Fee, the Notice of Intent to Impose a Late Fine, or Administrative Complaint, and I request a formal hearing (pursuant to Subsection 120.57(1), Florida Statutes) before an Administrative Law Judge appointed by the Division of Administrative Hearings. PLEASE NOTE: Choosing OPTION THREE (3), by itself, is NOT sufficient to obtain a formal hearing. You also must file a written petition in order to obtain a formal hearing before the Division of Administrative Hearings under Section 120.57(1), Florida Statutes. It must be received by the Agency Clerk at the address above within 21 days of your receipt of this proposed administrative action. The request for formal hearing must conform to the requirements of Rule 28-106.2015, Florida Administrative Code, which requires that it contain: 1. Your name, address, and telephone number, and the name, address, and telephone number of your representative or lawyer, if any. 2. The file number of the proposed action. 3, A statement of when you received notice of the Agency’s proposed action. 4, A statement of all disputed issues of material fact. If there are none, you must state that there are none. Mediation under Section 120.573, Florida Statutes, may be available in this matter if the Agency agrees. . ; ‘License type: (ALF? nursing home? medical equipment? Other type?) Licensee Name: “License number: Contact person: ; . Name Title Address: ‘Street and number "City ; Zip Code Telephone No. Fax No, ____ Email(optional) ‘Thereby certify that I am duly-authorized to submit this Notice of Election of Rights to the Agency for Health Care Administration on behalf of the licensee referred to above, Signed: . Date: Print Name: ; Title: Late fee/fine/AC Lori. Lebrecht, Admin. Medi Home Health Agency: 1250 Belcher Road, South# Suite 140 . Largo, Florida 33771-5209

Docket for Case No: 10-010837