STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, vs. . Case No. 2011001485 KEVIN H LAPOFF DPM PA, Respondent, / ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, State of Florida, Agency for Health Care Administration (hereinafter “the Agency”), by and through its undersigned counsel, and files this Administrative Complaint against the Respondent, KEVIN H LAPOFF DPM PA, (hereinafter “the Respondent”), pursuant to Sections 120.569, and 120.57, Florida Statutes (2010), and alleges as follows: NATURE OF ACTION This is an action to impose an administrative fine in the amount of NINE THOUSAND NINE HUNDRED DOLLARS ($9,900.00) against a clinical laboratory pursuant to Rule 59A- 7,021(8)(b), Florida Administrative Code. JURISDICTION AND VENUE 1. The Court has jurisdiction over the subject matter pursuant to Sections 120.569 and 120.57, Florida Statutes (2010). 2. The Agency has jurisdiction over the Respondent pursuant to Sections 20.42 and 120.60, and Chapters 408, Part II, and 483, Part I, Florida Statutes (2010). Filed April 26, 2011 2:29 PM Division of Administrative Hearings 3.° Venue lies pursuant to Rule 28-106.207, Florida Administrative Code. PARTIES 4, The Agency is the licensing and regulatory authority that oversees ‘clinical . laboratories in Florida and enforces the applicable federal and state regulations, statutes and rales governing clinical laboratories. Chapter 408, Part II, Florida Statutes (2010); Chapter 483, Part I, Florida Statutes (2010); Chapter 59A-7, Florida Administrative Code. The Agency is authorized to revoke, suspend, deny or limit the license of a clinical laboratory or in the alternative, impose an administrative fine against a clinical laboratory, for violations of the Florida Health Care Licensing Procedures Act or the authorizing statutes for clinical laboratories. Sections 408.813, 483.091, and 483.221, Florida Statutes (2010); Florida Administrative Code Rule 59A-7.039. 5. The Respondent was not licensed to operate a clinical laboratory in Florida located at 6422 Lake Worth Road, Lake Worth, Florida 33463, and was at all times material required to comply with the applicable federal and state regulations, statutes and rules governing clinical laboratories. The Respondent Failed To Have Valid Lcaemeln Violation of Rule 59A-7,021(8), Florida Administrative Code 6. The Agency re-alleges and incorporates by reference paragraphs one (1) through five (5). 7 Pursuant to Florida law, a license shall be valid for the period specified on the current license. In the event that specialties and subspecialties are added to an existing license, the expiration of the additional specialties/subspecialties shall be the expiration date of the current license. Continued operation of a clinical laboratory that has not submitted an application or the application fee after the date of expiration of its license or after the date of sale in the event of a change of ownership shall be a criminal offense under Section 483.23, Florida Statutes (2010), and shall result in administrative action up to and including an administrative fine charged to the laboratory in the amount of $100.00 per day, each day constituting a separate violation as authorized under Section 483.221, Florida Statutes (2010). Rule 59A-7,021(8), Florida Administrative Code. 8. On or about September 3, 2010 the Agency conducted a Complaint Survey (CCR# 2010119190) at Respondent’s clinical laboratory. 9. Based on record review and interview with laboratory personnel, it was determined that the laboratory had not renewed the State of Florida clinical laboratory license prior to the expiration date and had continued to perform laboratory testing after the license had expired. . 10. A review of state licensure records revealed that the facility's laboratory license, number 800004533, had expired on February 8, 2010. A review of the fungal culture log showed documentation of results for patient testing that had been performed between February 9, 2010 and September 1, 2010 (255 fungal cultures over 99 days of testing). IL. Continued operation of a clinical laboratory that has not submitted an application or the application fee after the date of expiration of its license or after the date of sale in the event of a change of ownership shall be a criminal offense under Section 483.23, Florida Statutes (2010), and shall result in administrative action up to and including an administrative fine charged to the laboratory in the amount of $100.00 per day, each day constituting a separate violation as authorized under Section 483.221, Florida Statutes (2010). Rule 59A-7.021(8)(b), Florida Administrative Code. 12. The Agency provided Respondent with a mandatory correction date of October 3, 2010. WHEREFORE, the Agency intends to impose an administrative fine in the amount of nine thousand nine hundred dollars ($9,900.00), one hundred dollars ($100.00) per day for ninety nine (99) days, against Respondent, a clinical laboratory in the State of Florida, pursuant to Rule 59A-7.021(8)(b), Florida Administrative Code. | CLAIM FOR RELIEF WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, respectfully requests the Court to grant the following relief: 1, Enter findings of fact and conclusions of law as set forth in the complaint. 2. Impose an Administrative fine in the Amount of NINE THOUSAND NINE HUNDRED DOLLARS ($9,900.00) against Respondent, 3, Order any other relief that the Court deems just and appropriate. tant General Counsel Florida Bar No. 0355712 Agency for Health Care Administration Office of the General Counsel 2295 Victoria Avenue, Room 346C Fort Myers, Florida 33901 Telephone: (239) 335-1253 ‘ NOTICE RESPONDENT IS NOTIFIED THAT IT/HE/SHE HAS A RIGHT TO REQUEST AN ADMINISTRATIVE HEARING PURSUANT TO SECTIONS 120.569 AND 120.57, FLORIDA STATUTES. THE RESPONDENT IS FURTHER NOTIFIED THAT _ IT/HE/SHE 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 AND DELIVERED TO THE ATTENTION OF: THE AGENCY CLERK, AGENCY FOR HEALTH CARE ADMINISTRATION, 2727 MAHAN DRIVE, BLDG #3, MS #3, TALLAHASSEE, FLORIDA 32308; TELEPHONE (850) 412-3630. THE RESPONDENT IS FURTHER NOTIFIED THAT IF A REQUEST FOR HEARING IS NOT RECEIVED BY THE AGENCY FOR HEALTH CARE ADMINISTRATION WITHIN TWENTY-ONE (21) DAYS OF THE RECEIPT OF THIS ADMINISTRATIVE COMPLAINT, A FINAL ORDER WILL BE ENTERED BY THE AGENCY. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Administrative Complaint and Election of Rights form were served to: Kevin H Lapoff DPM PA, Administrator and Registered Agent for Kevin H Lapoff DPM PA, 6422 Lake Worth Road, Lake Worth, Florida 33463, by U.S. Certified Mail, Return Receipt No. 7009 1680 0001 5449 4486, on thisg% f day of Bias , 2011. Mary Daley Jasob m8, ;, Assistant General Counsel Florida Bar No. 0355712 Agency for Health Care Administration Office of the General Counsel 2295 Victoria Avenue, Room 346C Fort Myers, Florida 33901 Telephone: (239) 335-1253 Copies furnished to: Kevin H Lapoff DPM PA, Administrator and Registered Agent for Kevin H Lapoff DPM PA 6422 Lake Worth Road Lake Worth, Florida 33463 (U.S. Certified Mail) Agency for Health Care Administration Office of the General Counsel 2295 Victoria Avenue, Room 346C Fort Myers, Florida 33901 (Interoffice Mail) Harold Williams, Field Office Manager Agency for Health Care Administration 2295 Victoria Avenue, Room 340A Fort Myers, Florida 33901 Interoffice Mail) [ Mary Daley Jacobs, Assistant General Counsel STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, vs. Case No, 2011001485 KEVIN H LAPOFF DPM PA, Respondent. 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 an Administrative Complaint, Notice of Intent to Impose a Late Fee, or Notice of Intent to Impose a Late Fine. Your Election of Rights must be returned by mail or by fax within twenty-one (21) days of the date you receive the attached Administrative Complaint, Notice of Intent to Impose a Late Fee, or Notice of Intent to Impose a Late Fine. If your Election of Rights with your elected 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 in accordance with Chapter 120, Florida Statutes (2010) 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)___ I admit the allegations of fact 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 have a hearing, | 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 the allegations of fact and law contained in the Notice of Intent to Impose a Late Fine or Fee, 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 and law contained in the Notice of Intent to Impose a Late Fee, the Notice of Intent to Impose a Late Fine, or Administrative Complaint, and J 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, 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: (Assisted Living Facility, Nursing Home, Medical Equipment, Other): . Licensee Name: License Number: Contact Person: Name Title Address: . Street and Number City State Zip Code Telephone No. Fax No. E-Mail (optional) I hereby 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 above licensee. Signature: Date: Print Name: Title: COMPLETE THIS SECTION ON DELIVERY B, Racelved by (Prified Nephi” ore of D, ts dellyery address different from Itef-#?” Ly Yes iF YES, enter delivery address below: 1 No SENDER: COMPLETE THIS SECTION . & Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Dellvery Is desired, @ Print your name and address on the reverse 80 that we can return the card to you. @ Attach this card to the back of the mailplece, or on the front If space permits. “1, Article Addressed to: Kevin pf, Lapo lt, OPM, BA. ' Adeniars tra ter aud Kasi stored Mya fer Kevin #7 Lap it, DPm, BA. 6422 Lake hort Road Lake Warts, Flornids 33462 » iamlor fom cence ibe) 7004 hAO O02 5444 yyAE PS Foim 9811, February 2004 Domestic Return Recelpt 102505-02-M-1540 3. Service Type C1 Certified Mal] Express Mal C1 Registered (1 Return Receipt for Merchandise Qi insured Mall 1.0.0.0, 4. Restricted Delivery? (Extra Fea)

Docket for Case No: 11-002095

Orders for Case No: 11-002095