Conclusions THIS CAUSE came on for consideration before the Agency for Health Care Administration, which finds and concludes as follows: 1. The Agency issued the attached Notices of Intent to Deny Initial licensure to the Petitioner, Ultracare Imaging Services Inc. (Ex. 1) The Agency issued the attached Notice of Intent to Deny Renewal licensure to the Petitioner, X-Ray, Inc. (Ex. 2) The parties have entered into the attached Settlement Agreement. (Ex. 3) The Settlement Agreement is approved and adopted as part of this Final Order and the parties shall comply with the terms of the Settlement Agreement. 2. The Petitioners, Ultracare Imaging Services, Inc. and X-Ray, Inc., jointly and severally, are assessed, and will pay the Agency, an administrative fine of $25,000.00 in five monthly payments of $5,000.00. The initial payment is due on September 30, 2012. The remaining four payments are due on the last day of each of the four successive months. Unpaid amounts are subject to statutory interest and may be referred to collections. 3. Checks should be made payable to the “Agency for Health Care Administration,” with a reference to the ten-digit AHCA number, should be sent to: 1 Filed July 31, 2012 4:31 PM Division of Administrative Hearings Agency for Health Care Administration Office of Finance and Accounting Revenue Management Unit 2727 Mahan Drive, MS #14 Tallahassee, Florida 32308 4. Any requests for an administrative hearing are withdrawn. The parties shall bear their own costs and attorney’s fees. This matter is closed. — ORDERED at Tallahassee, Florida, on this 3/ day of July , 2012.
Other Judicial Opinions A party that is adversely affected by this Final Order is entitled to seek 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 of 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. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this Final Order was served on the below- named persons/entities by the method designated on this ay of Je S , 2012. Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone (850) 412-3630 Jan Mills Facilities Intake Unit Agency for Health Care Administration (Electronic Mail) Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration (Electronic Mail) Roger Bell Health Care Clinic Unit Manager Agency for Health Care Administration (Electronic Mail) Amy W. Schrader, Esquire Gray Robinson, P.A. Post Office Box 11189 Tallahassee, Florida 32302 (U.S. Mail) Warren J. Bird Troy A. Kishbaugh, Esquire Assistant General Counsel Gray Robinson, P.A. Office of the General Counsel Post Office Box 3068 Agency for Health Care Administration Orlando, Florida 32802 (Electronic Mail) (U.S. Mail) Stuart M. Lerner Administrative Law Judge Division of Administrative Hearings (Electronic Mail)
Conclusions The Agency served the Petitioner with a Notice of Intent to Impose Late Fine dated March 24, 2009 notifying the Petition of its intent to impose an administrative fine in the amount of five thousand dollars ($5,000.00), attached hereto and incorporated herein (Ex. 1). Petitioner requested a formal hearing at the Department of Administrative Hearings. The Agency also served the Petitioner with a Notice of Intent to Deny dated May 15, 2009, notifying the Petitioner of its intent to deny its renewal application, a tached hereto and incorporated herein (Ex. 2). The Agency for Health Care Administration ("Agency") has entered into a Settlement Agreement (Ex. 3) with the other party to these proceedings and being otherwise well-advised in the premises, finds and concludes as follows: ORDERED: The attached Settlement Agreement is approved and adopted as part of this Final Order, and the parties are directed to comply with the terms of the Settlement Agreement. The Notice of Intent to Impose Late Fine and Notice of Intent to Deny are superseded by this agreement. Filed July 2, 2009 3:19 PM Division of Administrative Hearings. Petitioner has paid an administrative fee in the amount of $2,000.00. Each party shall bear its own costs and attorney's fees. 9Ld..l. _ The above-styled cases are hereby closed. DONE and ORDERED this .;:l,?t:f.y of Leon County, Florida. , 2009, in Tallahassee, Holly enson, Secretar Agency for Health Care Administration A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO 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 OF 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: Tatiana Perez, Owner Lourdes Residence, Inc. 5770 SW 5th Terrace Miami, Florida 33144 (U.S. Mail) MaryAlice H. David Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Bldg #3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail) Finance & Accounting Agency for Health Care Administration Revenue Management Unit 2727 Mahan Drive, MS #14 Tallahassee, Florida 32308 (Interoffice Mail) Bernard E. Hudson Agency for Health Care Administration 2327 Mahan Drive, MS #46 Room #310 Tallahassee, Florida 32308 (Interoffice Mail) Jan Mills Agency for Health Care Administration 2727 Mahan Drive, Bldg #3, MS #3 Tallahassee, Florida 32308 (Interoffice Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named person(s) and entities by U.S. Mail, or the method designated, on this theZ y y of 2009. fAgielnccy fhor HSealthhCa=re A=dministration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5873
Conclusions Having reviewed the Notice of Return of Application issued on January 26, 2009, to the Petitioner, Sanderling LTAC, LLC ("Sanderling") requesting a transfer of CON #9893 for a 30-bed long term care hospital from Miami Jewish Home & Hospital for the Aged, Inc. (Exhibit 1), and all other matters or record, the Agency For Health Care Administration ("the Agency"), finds and concludes as follows: The date of termination for CON 9893 was December 28, 2008. On December 24, 2008, Sanderling filed a CON transfer application along with the application filing fee of $10,000.00. Sanderling's transfer application was issued CON Action Number 10046. On January 26, 2009, the Agency notified Sanderling that its transfer application could not be accepted as CON 9893 had expired on December 28, 2008. The Agency further informed Sanderling that it could file for a refund of the application fee. (Exhibit 1) Filed November 9, 2009 12:05 PM Division of Administrative Hearings. On March 12, 2009, Sanderling filed an Amended Petition for Formal Administrative Proceedings challenging the return of its transfer application for CON 9893. On October 12, 2009, Sanderling informed the Agency that it had received its fee refund check for the application filing and filed a Notice of Voluntary Dismissal. On October 13, 2009, the Administrative Law Judge entered an Order Closing File. It is therefore ORDERED: The Notice of Voluntary Dismissal is acknowledged and accepted. The Notice of the Return of Application is upheld. The above-styled case is hereby closed. DONE and ORDERED this i£_ day of f,}av k. inTallahassee, Florida. , 2009, Agency For Health Care Administration
Other Judicial Opinions A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY ALONG WITH THE FILING FEE 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 THE RENDITION OF THE ORDER TO BE REVIEWED. 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named below on this ay of r ,2009. RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 Copies furnished to: Janice Mills Facilities Intake Agency for Health Care Admin. (Interoffice Mail) Richard Joseph Saliba, Esquire Assistant General Counsel Agency for Health Care Admin. (Interoffice Mail) David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (Electronic Mail) W. David Watkins, Esquire Watkins and Associates, P A Post Office Box 15828 Tallahassee, Florida 32317-5828 (U.S. Mail) 3 A -17-2009 13:11 .,•·:. G - N-_;·.:'.;_-f.-... JCA/·- --- M.·I·N·:··.·; Mar 17 2009 12:59 , _ .i.Y.. ;. _ .. lo.mi _P. . , . \- . . l/£;i J, i,q"·.·' ..· . CHARLIE CRIST GOVERNOR N;iBC lH AllYI SECRETARY Setter He ith.Care for all Floridians HOLLY.BENSON CERTIFIED RRR January 26, 2009 Karl David Acuff, Esq. Watkins & Associates. P.A. AUorneys and Counselors at Law 3051 Highland Oaks Terrace, Suite D Post Office Box 16828 Tallahassee, Florida 32317-5828 Dear Mr. Acuff: RE: Certificate of Need (CON) Number 10046- Enclosed is the application on behalf of Sanderling LTAC, LLC to transfer CON #9893 for a 30- bed long-term care hospital from Miami Jewish Home & Hospital for the Aged, Inc. to your entity. The application cannot be accepted as CON #9893 expired on December 28, 2008. Enclosed is a refund form for the $10,000 filing fee. Please complete and return this form in order to obtain a refund. Also, enclosed is your election of rights form should you wish to appeal this decision. A request for administrative hearing, if any, must be made in writing and must be actually received within 21 days of your receipt of this notice pursuant to Chapter 120, Florida Statutes and Chapter 59C-1, Florida Administrative Code. Please note that should you prevail upon appeal, a new application fee and complete application will e required. If you have any questions. please call James Mclemore at (850) 922-0699. JNG/jbm cc: James 'Mclemore, Certificate of Need Justin Senior, Office of the General Counsel Lorraine Novak, Office of the General Counsel 2727 Mahan Drive, MS# 28 iallahusee, Florida 32308 Visit AHCA online al http://ahca.myflorlda.com EXHIBIT 1 Oct 12 09 ll:43a Dave IJatkins Oct 12 2009 11:47 8506712732 p.2
Findings Of Fact In July of 1984, Jo Ellen Dyer, submitted her resignation as a Personnel Specialist at St. Mary's Hospital, and St. Mary's placed an ad for her position. Petitioner submitted a resume to St. Mary's, with a cover letter seeking that position. St. Mary's contacted him for an interview, and he was interviewed by Gerald Gorman, Employee Relations Director, on July 25, 1984. As part of that interview Petitioner completed a St. Mary's Hospital employment application in which he represented that he did not have any physical handicaps or illnesses which in any way might hinder his ability to perform the job for which he had applied. Gorman was impressed with Petitioner. However, he contacted Petitioner shortly after the interview to explain that there was some question over whether Jo Ellen Dyer's position would be filled due to potential hospital cost reduction needs. Several weeks later Gorman contacted Petitioner to find out if Petitioner was still interested in the position. Upon ascertaining that Petitioner was, Gorman scheduled the next stage in the employment process, an interview with Gil Wright, the department head. On October 5, 1984, Petitioner was interviewed by Wright and then again by Gorman. At that time Petitioner was offered the position of Personnel Specialist subject to reference checks and a preemployment physical examination. It is the standard policy of St. Mary's to make employment contingent upon the passing of an initial employment physical that must be accomplished prior to employment and upon favorable reference checks. During the interview of October 5, 1984 Petitioner told Gorman that Petitioner wanted or needed to give two weeks' notice to his current employer, Job Service of Florida, if Petitioner was going to be selected for the Personnel Specialist position. Because of that requirement for two weeks' notice, Gorman and Petitioner agreed that Petitioner must be advised no later than October 19, 1984 that he would be hired, and November 5, 1984 was agreed to be Petitioner's starting date of employment at St. Mary's. They further agreed that Petitioner would be scheduled for his pre-employment activities the week of October 15, 1984. On October 9, 1984 Petitioner signed a form entitled "Condition of Employment" which advised him that his examination would include blood tests, urinalysis, chest x-ray, PPD, and an examination by a physician. On October 15, 1984 Petitioner came to the hospital to continue his pre-employment activities by completing various forms. Since Gorman had a scheduling conflict, he requested Personnel Specialist Andrew Thompson to assist Petitioner in completing the required paperwork. One of the forms was a personnel specialist position description which Petitioner read and then signed. That job description contained the statement "must be able to do a substantial amount of the [sic] walking throughout the hospital." On that same day Petitioner filled out a medical history form advising that he had arthritis in his neck, that he had sustained a neck injury, that he had been under a doctor's care during the past two years at the Veterans administration, that he had a VA disability, a medical discharge, and "myositis." He further indicated that he had lost no time from work during the past year. While Thompson and Petitioner were completing the paperwork, they were also engaging in conversation since they both expected to be working together as two of the three Personal Specialists at St. Mary's. Petitioner told Thompson that Petitioner, due to a spinal injury, would periodically, without warning, suffer loss of hand coordination which would sometimes result in him dropping items being carried. Petitioner also told Thompson that one of Petitioner's legs was subject to sporadic disfunction that caused him to periodically fall, without warning to himself or to others. He told Thompson that this occurred several times while he was at his place of employment and that his falling had caused humorous incidents. Thompson told Gorman on October 15 or 16, 1984, what Petitioner had said about his physical condition. On October 16, 1984, Gorman sent Petitioner a letter confirming the offer of employment made on October 5, confirming the November 5 effective date, and scheduling Petitioner's orientation for November 5. The offer contained in that letter again stated that it was "subject to satisfactory reference checks and the passing of pre-employment health requirements." On October 17, 1984, Petitioner was interviewed for a promotion that he had applied for at his current employer, Job Service of Florida. On October 18, 1984, Petitioner was given a physical examination by Dr. Amratlal M. Patel, the hospital's employee health physician. Dr. Patel reviewed Petitioner's medical history which caused him concern as to Petitioner's physical condition. He asked Petitioner, who had been lying on a table or stretcher, to walk. When Patel saw that Petitioner, attempting to walk without his cane, was only able to take several steps while holding on to the table and that he was wobbling, Dr. Patel told him to lie back down and asked him how he was able to walk. Petitioner replied that he could walk with a cane. Patel asked who had been treating him, and Petitioner advised that he had been receiving treatment at the Veterans Administration clinic and that his treating neurologist was a Dr. Wilson. Patel told Petitioner that he needed additional information before he could make a decision regarding Petitioner's employability. Patel ordered a lumbar spine x-ray taken of Petitioner and told Petitioner that he needed Petitioner's medical records from the Veterans Administration and a report or the medical records from Dr. Wilson, Petitioner's treating physician, in order to determine Petitioner's current medical condition and prognosis. Dr. Patel did not examine Petitioner in more depth than he would any other applicant for employment since he believed that the answers to Petitioner's condition would best come from a specialist who had been treating Petitioner, and Dr. Patel is not a neurologist. Dr. Patel did not request that Petitioner walk with his cane in order to observe Petitioner walk but merely took Petitioner's word for it that he would walk with a cane. Although Patel will sometime contact an applicant's doctors if he has questions and if he knows them, Patel did not contact Petitioner's doctors whom he did not know. He instead requested copies of the records and advised Gorman that he was requiring Petitioner to bring him copies of Petitioner's records from the Veterans Administration and from Dr. Wilson before he would make any determination of Petitioner's ability to perform the job requirements. Dr. Patel knew that the Personnel Specialist position required a good deal of "running around." After his physical examination, Petitioner called Dr. Wilson to request copies of his medical records, but Dr. Wilson was not in his office at the time that Petitioner called. Petitioner did not ask anyone else in Dr. Wilson's office to provide him with copies of his medical records and did not again attempt to contact Dr. Wilson to obtain a copy of those records. He did, however, go to the Veterans Administration Ambulatory Care Center where he picked up a copy of his most recent medical records. He then drove back to St. Mary's and gave the Veterans Administration's records to Gorman. Gorman reminded Petitioner that he must also supply a copy of Dr. Wilson's records, and Petitioner told Gorman that he needed to hear from Gorman by the following day as to what Dr. Patel had determined based upon Patel's review of the Veterans Administration's records. The Veterans Administration records revealed that during Petitioner's visits to the doctor there in June, July, and August, 1984, Petitioner was deteriorating more, that he had difficulty in getting out of chairs unassisted, with eating, with holding things in his hands, with letting go of things that he was holding, and with getting up off of the floor. On October 19, 1984, Dr. Patel reviewed the Veterans Administration's notes and concluded from that information that Petitioner's condition was more serious than Patel had thought, that there was very severe permanent central nervous system involvement, that Petitioner would not be able to physically move about the hospital as the personnel specialist job required, but that Dr. Patel still wanted the information from Dr. Wilson without which he felt he could not make a medical decision regarding Petitioner's employability. Dr. Patel informed Gorman of his conclusion after his review of the Veterans Administration's notes, telling Gorman that Petitioner had a lot of problems with his muscles and central nervous system, and that Dr. Patel could not make a decision based only on the medical information thus far provided by Petitioner. Because October 19 was the last day upon which two weeks' notice could have been given by Petitioner before his starting time at St. Mary's of November 5, 1984, and because of Petitioner's insistence that he be notified on October 19 of Dr. Patel's conclusion upon review of the Veterans Administration's records, Gorman contacted Petitioner on October 19. Gorman told Petitioner that Dr. Patel could not make a good medical decision based on the information contained in the Veterans Administration's records provided by Petitioner. Gorman told Petitioner that Dr. Patel did not know Petitioner's complete current medical condition and prognosis for the future without Dr. Wilson's records and that in view of the activities of the job Dr. Patel could not recommend Petitioner at that time. During that same telephone conversation Petitioner told Gorman that he was "flying a desk" at his present job and could not understand why he could not do the same at St. Mary's. Gorman explained that the position to be filled at St. Mary's was not one of "flying a desk" but required much more physical activity, as indicated in the job description signed and acknowledged by Petitioner. Gorman further told Petitioner that since he could not offer Petitioner the position on October 19 (the deadline set by Petitioner), that the hospital would continue to look for qualified candidates to fill the position. Gorman sent Petitioner a letter on that date confirming the substance of the telephone conversation between them. No time limit was imposed by anyone from St. Mary's hospital as to when the medical documentation requested of Petitioner was to be provided. Petitioner never did provide St. Mary's with any documentation from Dr. Wilson although he knew that it had been requested as a condition precedent to his approved employment. Petitioner did not request that Gorman extend the October 19th deadline established by Petitioner for his two-weeks' notice in order that he could bring Dr. Wilson's records to Dr. Patel for his review. Gorman's decision to look for other applicants due to Petitioner's failure to provide documentation from Dr. Wilson was influenced by Gorman's concern for Petitioner's safety and well-being, if employed at St. Mary's Hospital, and the safety and well-being of co-workers and patients of the hospital. The position for which Petitioner applied, the one being vacated by Jo Ellen Dyer, involved walking throughout the hospital a minimum of 70 percent of the work time. The hallways in the hospital are frequented by visitors, staff, and patients, and patients ambulate in the hallways with IVs attached. Further, persons on stretchers and in wheelchairs are frequently encountered in the hallways. Petitioner received the promotion he was applying for at his then place of employment in November of 1984. In November of 1984 St. Mary's Hospital's president issued instructions that new hirings of employees would be limited, and vacant positions should be filled prudently. The Personnel Specialist position for which Petitioner applied has never been filled and was eliminated, for practical purposes, in December of 1984. Although other persons have since been hired as Personnel Specialist at St. Mary's or have transferred from other departments into Personnel Specialist positions at St. Mary's, none of those persons have been hired for or transferred to the personnel Specialist position previously held by Jo Ellen Dyer, the one for which Petitioner had applied. The duties formerly performed by Jo Ellen Dyer were absorbed by Drew Thompson. St. Mary's Hospital does employ handicapped employees when the handicap does not interfere with the performance of their duties and a reasonable accommodation can be made for those individuals. St. Mary's Hospital's failure to hire Petitioner was due to Petitioner's failure to qualify for that employment by providing required medical information by the deadline that Petitioner had imposed in order that Petitioner could show that he was able to fulfill the job duties. A person using a cane could fulfill the job description so long as that was the only problem. At the time that St. Mary's was required by Petitioner to make its final decision on October 19, the information it had regarding Petitioner's current medical condition was the information that Petitioner had given to Drew Thompson about falling unexpectedly and dropping things unexpectedly and the information contained in the Veterans Administration's medical records Petitioner he had given to the physician at the Veterans Administration for purposes of obtaining medical treatment. Those who encountered him at St. Mary's Hospital, however, observed Petitioner having no difficulty walking with his cane. The partial medical information provided by Petitioner was inconclusive. Petitioner is not a handicapped person and does not consider himself to be one. Petitioner testified at the final hearing that he walks with no difficulty, that when he interviewed at St. Mary's Hospital he parked his car two and one-half blocks away and walked to the interview (rather than parking in a handicapped space), that he has never been physically unable to perform any of his job duties, that he suffers no limitations whatsoever on his ability to walk, to carry, to lift, to push, and that he is not precluded from doing anything. He testified that he writes with no difficulty and operates a computer daily despite the numbness in his hands. He lifts and moves furniture in his family's thrift store when he is there; he pushes his wife in a wheelchair; and he is a wood carver who uses knives, which requires fine finger manipulation.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED that a Final Order be entered finding Respondent not guilty of an unlawful employment practice regarding its failure to hire Petitioner and dismissing with prejudice the Petition for Relief filed in this cause. DONE and RECOMMENDED this 31st day of May, 1988, at Tallahassee, Florida. LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of May, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-5116 Petitioner's proposed findings of fact numbered 1, 3, 4, 7-15, 18-22, 27, and 33 have been adopted either verbatim or in substance in this Recommended Order. Petitioner's proposed findings of fact numbered 2, 34, and 40 have been rejected as being contrary to the weight of the credible evidence in this cause. Petitioner's proposed finding of fact numbered 6 has been rejected as not being supported by the weight of the credible evidence in this cause. Petitioner's proposed findings of fact numbered 35-39 have been rejected as being irrelevant Petitioner's proposed findings of fact numbered 5, 16, 17, 23-26, and 28-32 have been rejected as not constituting findings of fact but rather as constituting argument of counsel, conclusions of law, or recitations of the testimony. Respondent's proposed findings of fact numbered 1-32 have been adopted either verbatim or in substance in this Recommended Order. Respondent's proposed finding of fact numbered 33 has been rejected as not constituting a finding of fact but rather as constituting argument of counsel. COPIES FURNISHED: Donald A. Griffin, Executive Director Human Relations Commission 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32399-1925 Lynn E. Szymoniak, Esquire 1030 Lake Avenue Lake Worth, Florida 33460 Leo P. Rock, Jr., Esquire Post Office Box 3068 Orlando, Florida 32802 Dana Baird, General Counsel Human Relations Commission 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32399-1925 Sherry B. Rice, Clerk Human Relations Commission 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32399-1925
Conclusions Having reviewed the Administrative Complaint and the Notice of Intent to Deny letter, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows: 1. The Agency has jurisdiction over the above-named party pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions. 2. The Agency issued the attached Notice of Intent to Deny and Administrative Complaint with their Election of Rights form to Dora Home Care Inc. (Composite Ex. 1) The Election of Rights forms advised of the right to an administrative hearing. 3. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED: 1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement. 2. Upon full execution of this Agreement, Dora Home Care, Inc. shall pay $20,866.00 to the Agency, with $10,000.00 to be paid within thirty (30) days after the entry of the Final Order, and the remainder within six (6) months of the entry of the Final Order. In the event.the entire payment is not paid within 180 days of the entry of the Final Order, Dora Home Care Inc. will pay interest as allowed by law on the unpaid amount. A check made payable to the “Agency for Health Care Administration” 1 Filed August 12, 2013 2:31 PM Division of Administrative Hearings and containing the AHCA ten-digit case number should be sent to: Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration 2727 Mahan Drive, MS 14 Tallahassee, Florida 32308 3. The revocation claim in the Administrative Complaint [AHCA No.: 2012000134; DOAH No.: 13-0840] is withdrawn. 4. The denial of the renewal application [AHCA No.: 2012013492; DOAH No.: 13-0709] is withdrawn and the application shall no longer be denied. If the Agency has not already completed its review of the renewal application, it shall resume its review of the application. ORDERED at Tallahassee, Florida, on this 5 day of Avyeat , 2013. Elizabeth trig ecg Ageficy for Heatth Care Administration
Other Judicial Opinions A party who is adversely affected by this Final Order is entitled to 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 of 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. CERTIFICATE OF SERVICE I CERTIFY that a true and correct_copy of this Final Order was served on the below-named persons by the method designated on this [oust Auger » 2013. Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone: (850) 412-3630 2 [Jan Mills Facilities Intake Unit (Electronic Mail) Shaddrick Haston, Unit Manager Assisted Living Unit Agency for Health Care Administration (Electronic Mail) Finance & Accounting Revenue Management Unit Alba M. Rodriguez Office of the General Counsel _ Administrative Law Judge Division of Administrative Hearings (Electronic Mail) (Electronic Mail) Agency for Health Care Administration (Electronic Mail) Stuart M Lerner Brian J. Perreault, Esq. Lydecker Diaz 1221 Brickell Avenue - 19" Floor Miami, Florida 33131 (U.S. Mail)
