Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: FLORIDA PREFERRED HOME CARE, INC.
Judges: EDWARD T. BAUER
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Dec. 18, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, February 25, 2013.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,
Petitioner,
vs. AHCA No. 2012008752
FLORIDA PREFERRED HOME CARE INC.,
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 (“the Respondent”), pursuant to Sections 120.569 and 120.57, Florida
Statutes, and alleges as follows:
NATURE OF THE ACTION
This is an action to revoke the Respondent’s home health agency license.
THE PARTIES
1. The Agency is the licensure and regulatory authority that oversees home health
agencies in Florida and enforces the applicable federal regulations and state statutes and rules
governing home health agencies. Chs. 400, Part IMI, and 408, Part II, Fla. Stat.; Ch. S9A-8, Fla.
Admin. Code. The Agency is authorized to deny, revoke, or suspend a license, and impose an
administrative fine, for violations as provided in Sections 400.474 and 400.484, 408.813 and
408.815, Florida Statutes, and Rule 59A-8.003, Florida Administrative Code.
2. The Respondent was issued a license by the Agency (License No. 299993422) to
operate a home health agency located at 175 Fontainebleau Blvd., Suite 1-E, Miami, Florida
Filed December 18, 2012 12:57 PM Division of Administrative Hearings
33172. § 400.464(1), Fla. Stat. As the holder of the license, the Respondent is a licensee.
“Licensee” means “an individual, corporation, partnership, firm, association, or governmental
entity, that is issued a permit, registration, certificate, or license by the Agency.” § 408.803(9),
Fla. Stat.. “The licensee is legally responsible for all aspects of the provider operation.” §
408.803(9), Fla. Stat.
COUNT I
The Respondent Failed to Maintain Accreditation in Order to Maintain Licensure
In Violation Of F.S. 400.471(2)(h)
3. Under Florida law, in addition to the requirements of Chapter 408, Part II, Florida
Statutes, the initial applicant must file with the application satisfactory proof that the home
health agency is in compliance with this part and applicable rules, including: ... in the case of
an application for initial licensure, documentation of accreditation, or an application for
accreditation, from an accrediting organization that is recognized by the Agency as having
standards comparable to those required by Chapter 400, Part III, Chapter 408, Part II, Florida
Statutes. Notwithstanding Section 408.806, Florida Statutes, an applicant that has applied for
accreditation must provide proof of accreditation that is not conditional or provisional within 120
days after the date of the Agency's receipt of the application for licensure or the application shall
be withdrawn from further consideration. Such accreditation must be maintained by the home
health agency to maintain licensure. The Agency shall accept, in lieu of its own periodic
licensure survey, the submission of the survey of an accrediting organization that is recognized
by the Agency if the accreditation of the licensed home health agency is not provisional and if
the licensed home health agency authorizes releases of, and the agency receives the report of, the
accrediting organization. § 400.471(2)(h), Fla. Stat. (emphasis supplied).
4, The Respondent submitted to the Agency an initial application for licensure as a
home health agency.
5. As part of the licensure process, the Respondent sought accreditation from an
accrediting organization recognized by the Agency as having standards comparable to those
required by Chapter 400, Part III, and Chapter 408, Part II, Florida Statutes.
6. The Respondent submitted to the Agency proof of accreditation from, the
accrediting organization.
7. The Agency issued the Respondent a license to operate a home health agency.
8. The Agency subsequently received notification from the accrediting organization
that the Respondent withdrew its accreditation effective July 24, 2012.
9. The Respondent has not submitted to the Agency any documentation of proof of
accreditation from any accrediting orgariization.
Sanction
10. | 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. §
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.
11. 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.
WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration,
seeks the revocation of the Respondent’s home health agency license.
Respectfully submitted on this il day of Septembe <7, 2012.
anon vy,
Douglas JA.omonico, Assistant General Counsel
Florida Bar No. 92844
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
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 for Health Care Administration 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 made to the Agency for Health Care Administration
and delivered to: Agency Clerk, Agency for Health Care Administration, 2727 Mahan
Drive, Building 3, Mail Stop 3, Tallahassee, FL 32308; 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 individuals named below by the method designated
on this ith day of Seplembec , 2012,
Gee, fp onan Assistant General Counsel
Florida Bar No. 92844
Office of the General Counsel
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308
Telephone: (850) 412-3630
Copies:
Administrator
Florida Preferred Home Care, Inc.
175 Fontainebleau Blvd., Suite 1-E
Miami, Florida 33172
(Certified Mail -7008 3230 0003 5048 4100)
SENDER: COMPLETE THIS SECTION
! mw Complete items 1, 2; and 3; Also complete
/ item 4 If Restricted Delivery Is destred,
| mw Print your name and address on the reverse
1. go that we can return the card to you.
| wm Attach this card to the back of the mailplece,
‘or on the front If space permits.
COMPLETE THIS SECTION ON DELIVERY
A, Signature
x Bn Wy
B. Received by (Printed Name)
1 Agent
1 Addressee
CG. Date of Delivery
: 1, Article Addressed to:
i Administrator
Florida Preferred Home Careviar: -
175 Fontainebleau Bivd., Suite dsE~
Miami, FL 33172
i
t :
D. Is delivery address differant from item 1? [1 Yes
If YES, enter delivery address below:. Ct No
8, Seryiée Type
Certitled Mall [1 Express Mall ‘
(2 Registered 1 Return Receipt for Merchandise
( Insured Malt 1 6,0.D.
4, Restricted Delivery? (Extra, Fee) 1 Yes
1 2, Article Number-
| (Transfer from service label)
PS Form 3811, February 2004
7008 3230 0003 50468 400 ©
Domestic Return Receipt
102596-02-M-1840
Unitep STATES PosTAL SERVICE ee ese First-Class Mall
: va PA ae Postage & Fees Paid
Ss
Permit No. G-10
° Sender: Please print your name, address, and ZIP +4 in this box *
os Douglass Lomonico
: heaity Bala Counsel
ane y {8 Health Care Administration
2725 NgRAN Drive, Building #3
ral, Florida 32308-5407
Led
balBB)sballtlelisbibtiatalllosshuleahdasolb led
Docket for Case No: 12-004107
Issue Date |
Proceedings |
Feb. 25, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 22, 2013 |
Unopposed Motion to Relinquish Jurisdiction filed.
|
Feb. 15, 2013 |
Agency's Objection to Proposed Non-rule Policy Challenge Absent an Appropriate Pleading, Agency's Objection to Mitigation Evidence Forming the Basis for a 120.57(1) Hearing and Motion for Rehearing filed.
|
Feb. 12, 2013 |
Order on Motion to Relinquish Jurisdiction.
|
Feb. 07, 2013 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for March 15, 2013; 1:00 p.m.; Miami, FL).
|
Feb. 06, 2013 |
CASE STATUS: Motion Hearing Held. |
Feb. 04, 2013 |
Agency's Unilateral Pre-hearing Stipulation filed.
|
Feb. 01, 2013 |
Motion for Continance of Hearing Scheduled for February 11, 2013 filed.
|
Feb. 01, 2013 |
Response to Petitioner's Motion to Relinquish Jurisdiction filed.
|
Jan. 25, 2013 |
Agency's Motion to Relinquish Jurisdiction filed.
|
Jan. 23, 2013 |
Respondent's Response to Petitioner's First Request to Produce filed.
|
Jan. 23, 2013 |
Notice of Filing Respondent's Verified Answers to Petitioner's Interrogatories filed.
|
Jan. 23, 2013 |
Response to Agency's First Request for Admissions filed.
|
Dec. 21, 2012 |
Order of Pre-hearing Instructions.
|
Dec. 21, 2012 |
Notice of Hearing by Video Teleconference (hearing set for February 11, 2013; 9:00 a.m.; Miami and Tallahassee, FL).
|
Dec. 20, 2012 |
Petitioner's Notice of Service filed.
|
Dec. 20, 2012 |
Joint Response to Initial Order filed.
|
Dec. 18, 2012 |
Initial Order.
|
Dec. 18, 2012 |
Notice (of Agency referral) filed.
|
Dec. 18, 2012 |
Request for Administrative Hearing filed.
|
Dec. 18, 2012 |
Administrative Complaint filed.
|