Findings Of Fact The Agency issued a Notice of Intent to Impose Fine stating the intent to impose an administrative fine in the sum of five thousand dollars ($5,000.00) against the Respondent, Recovery Home Care Services, Inc. (hereinafter "Respondent"), a home health agency. The Notice of Intent to Impose Fine charged that Respondent failed to timely submit a quarterly report for the quarter ending December 31, 2008, violating Section 400.474(6)(f), Florida Statutes (2008). The cause was properly referred to the Division of Administrative Filed February 12, 2010 12:45 PM Division of Administrative Hearings. Hearings for proceedings according to law, See, Section 120.57(1), Florida Statutes (2009). By Order dated November 24, 2009, the Division of Administrative Hearings determined that no material issue of fact remained in dispute and relinquished jurisdiction to the Agency for Health Care Administration, a copy of which is attached hereto and incorporated herein (Ex. 2). The facts, as alleged and found, establish that Respondent failed to timely submit a quarterly report for the quarter ending December 31, 2008, violating Section 400.474(6)(f), Florida Statutes (2008). The fine imposed is five thousand dollars ($5,000.00).
Conclusions Having reviewed the Notice of Intent to Impose Fine dated March 10, 2009, attached hereto and incorporated herein (Ex. 1), and all other matters of record, the Agency for Health Care Administration (hereinafter "Agency") finds and concludes as follows:
The Issue Whether ABC Home Health Services, Inc. should be issued a Certificate of Need to operate a Home Health Agency in HRS District 5.
Findings Of Fact On August 10, 1990, HRS published in Vol. 16, No. 32 August 10, 1990 edition of the Florida Administrative Weekly a fixed need pool of 3 Medicare Certified Home Health Agencies in District 5 for the January 1992 horizon pursuant to the provisions of Rules 10-5.008(6) and 10-5.011(d). (Exhibit "A"). This fixed need pool publication was not challenged. In response to the fixed need pool publication, applications were filed by many applicants, among them Bayfront Medical Center, Inc. (CON 6401) (hereinafter "Bayfront"), ABC (CON 6405), Mederi of Pinellas County, Inc. (CON 6406) (hereinafter "Mederi"), and Dependable Nurses, Inc. (CON 6408) (hereinafter "Dependable"). (Exhibits "B" - (Bayfront), "C" (ABC), "D" (Mederi) and "E") (Dependable)). HRS issued its State Agency Action Report on January 9, 1991 containing its decision to issue certificates of need to Mederi, Dependable and Bayfront, and deny all other applications in the batch. (Exhibit "F"). ABC, Bayfront and Dependable timely challenged the decision contained in the State Agency Action Report. Bayfront and Dependable subsequently voluntarily dismissed their petitions challenging the State Agency Action Report. ABC subsequently, filed a document entitled "partial voluntary dismissal" in which it purported to dismiss those portions of its petition which challenged Bayfront and Dependable. Thereafter, ABC filed a Motion for Summary Recommended Order against Mederi. That motion was granted and is pending final order with the Department of Health and Rehabilitative Services. The final order will be rendered following the issuance of a recommended order herein. Mederi filed a Motion for Summary Recommended Order against ABC, which was denied. If sufficient need exists, ABC's application is sufficient to warrant approval. (Exhibit "G"). Since Mederi's application has been summarily denied, there is now sufficient need to award the CON to ABC. ABC has explained the reference to capital projects in its Executive Summary satisfactorily to HRS. The parties stipulate that ABC's capital project list is no longer an issue in this proceeding. (Exhibit "H").
Recommendation It is recommended that CON 6405 be issued to ABC Home Health Services, Inc. to operate a home health agency in HRS District 5. RECOMMENDED this 17th day of July, 1991, in Tallahassee, Leon County, Florida. K. N. AYERS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of July, 1991. COPIES FURNISHED: Lesley Mendelson, Esquire Department of Health and Rehabilitative Services Fort Knox Executive Center Suite 103, 2727 Mahan Drive Tallahassee, Florida 32308 Stephen A. Ecenia, Esquire 400 First Florida Bank Bldg. 215 South Monroe Street Tallahassee, Florida 32302-1877 Robert S. Cohen, Esquire Post Office Box 10095 Tallahassee, Florida 32302 R. Terry Rigsby, Esquire 204-B South Monroe Street Tallahassee, Florida 32301 Louise T. Jeroslow, Esquire 3225 Aviation Avenue Penthouse Miami, Florida 33133 R. S. Power, Agency Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 John Syle, Esquire General Counsel 1323 Winewood Boulevard Tallahassee, Florida 32399-0700
