Conclusions THIS CAUSE came on for consideration before the Agency for Health Care Administration (“the Agency”), which finds and concludes as follows: 1. The Agency issued the Petitioner (“the Applicant”) the attached Notice of Intent to Deny (Ex. 1). The parties entered into the attached Settlement Agreement (Ex. 2), which is adopted and incorporated by reference. 2. The parties shall comply with the terms of the Settlement Agreement. If the Agency has not already completed its review of the application, it shall resume its review of the application. The Applicant shall pay the Agency an administrative fee of $ 200.00 within 30 days of the entry of this Final Order. A check made payable to the “Agency for Health Care Administration” containing the AHCA number(s) should be sent to: Agency for Health Care Administration Office of Finance and Accounting Revenue Management Unit 2727 Mahan Drive, MS# 14 Tallahassee, Florida 32308 3. Any requests for an administrative hearing are withdrawn. The parties shall bear their own costs and attorney’s fees. This matter is closed. DONE and ORDERED in Tallahassee, Florida, on this @2/ day of Canuase/ 2012. Elizabeth Dudek,Secretary Agency for Health Care Administration Filed January 24, 2012 9:55 AM Division of Administrative Hearings
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 I HEREBY CERTIFY that a true and correct copy of this pea temas served on the below-named persons/entities by the method designated on thisZ3© day of > 2012. Richard Shoop, Agenc Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone (850) 412-3630 Jan Mills Roger Bell, Unit Manager Facilities Intake Unit Health Care Clinic Unit Agency for Health Care Administration Agency for Health Care Administration (Interoffice Mail) (Interoffice Mail) Finance and Accounting Stevey Barnes, Owner Revenue Management Unit Agency for Health Care Administration (Interoffice Mail) National Family Medical Centers, Inc. c/o Rodney Gregory, Esquire Counsel for Petitioner 4811 Atlantic Boulevard, Suite 1 Jacksonville, Florida 32207 (U.S. Mail) Sharon K. Jones, Assistant General Counsel Office of the General Counsel Agency for Health Care Administration (Interoffice Mail) Barbara J. Staros Administrative Law Judge Division of Administrative Hearings (Electronic Mail) Rove NOR | Botfor Health Care forall Floridians alert eral duly 14, 2014 . CERTIFIED MAIL / RETURN RECEIPT REQUESTED National Family Medical Centers - : ; License Number: 5402 6349 Beach Blvd : Case #: 2011 00 7423 sacksonville, FL 32216 : : . NOTICE OF INTENT TQ DENY RENEWAL APPLICATION The application for health care clinic renewal. license for National Family Medical Genters is ° denied pursuant to Section 400.991(5)(d); and, s. 400.995 (1), Florida Statutes (F.S.), which’. requires all applicants as.defined by s, 400,991(5)(a), F.S., successfully complete a Level 2 background screening for convictions set forth on s. 435. 04, F.S., as minimum requirement for licensure. Stevey L. Barnes; the 100% owner of National Family ‘Medical Centers Is considered - 8 controlling interest as set forth in s. 408.803 (7), F.S., has failed to successfully pass Level:2 esreering in accordance with 8, 400.991 (5) (a), () and (d), and s, 408,809 (1)(8); 8. 408.810 )F el aa Pr ed an 2 el EXPLANATION OF RIGHTS Pursuant to Section 420.569, F.S., you have the right to request an administrative hearing. In order to obfain a formal proceeding before the Division of Administrative Hearings under Section 120.57(1), F.S., your request for an administrative hearing must conform to the requirements in: Section 28-1 08. 201, Florida Administrative Code F. A.C), and must state the material facts you dispute. SEE ATTACHED ELECTION AND EXPLANATION OF RIGHTS FORMS. ce: Agency Clerk, Mail Stop 3 Legal Intake Unit, Mail Stop 3 Visit AHCA online at ahos.myflorida.com 2727 Mahan Driye,MS-53 Tallahassee, Florida 32308 L467 / STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION NATIONAL FAMILY MEDICAL CENTERS, DOAH/Case No. 11-3958 Petitioner, v. AHCA No. 2011007423 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / SETTLEMENT AGREEMENT The Petitioner (“the Applicant’) and the Respondent (“the Agency”) voluntarily enter into this Settlement Agreement (“Agreement”) and agree as follows: 1. Parties/Background. The Applicant filed an application seeking renewal licensure within the jurisdiction of the Agency. After initial review, the Agency issued the Applicant an omissions letter and thereafter a Notice of Intent to Deny (“NOI”). The Applicant has since tendered to the Agency additional information and/or documentation in support of the application, which the Agency is willing to review. 2. Purpose and Effect of Settlement. Both parties wish to resolve this case without further litigation and recognize that by entering into this Agreement, both are expressly waiving their right to any legal proceeding they are entitled, including, but not limited to, formal and informal proceedings under Section 120.57, Florida Statutes, and appellate review. Both parties consent to the withdrawal of any request for formal or informal hearing if such a request has been made, as well as the relinquishment of jurisdiction of the informal hearing officer or administrative law judge. 3. Resumption of Application Review. The parties agree that this Agreement shall supersede the NOI and that the application will no longer be deemed to be incomplete and withdrawn from further review. If the Agency has not already completed its review of the application, it shall resume its review of the application upon entry of the Final Order adopting this Agreement. Nothing in this Agreement, however, shall prohibit the Agency from denying the application based upon any statute, rule, or regulation, and, if applicable, an unsatistactory licensure survey. Applicant shall retain the right to challenge any future denial of application preserving any and all administrative and/or legal rights with respect thereto. 4. Administrative Fee. The Applicant agrees to pay the Agency an administrative fee of $200.00 within 30 days of the entry of the Final Order. 5. Release. The Applicant releases and forever discharges the Agency, its employees and agents, both past and current, from any and all clairas. including, but not limited to, damages, attorney’s fees and costs, arising from or relating to the issuance or litigation of this NOI. Page | of 2 Eoxh6/7 Zz di 6. Costs and Attorney’s Fees. Each party shall bear their own costs and attorney’s fees. 7. Right to Counsel. The Applicant acknowledges the right to retain independent counsel and has either obtained its own counsel or voluntarily waived the right to counsel. The Applicant further acknowledges that Agency counsel represents solely the Agency and that Agency counsel has not provided any legal advice to, or influenced, the Applicant in the voluntary decision to enter into this Agreement. 8. Entire Agreement. This Agreement contains the entire understandings of both parties. This Agreement supersedes any prior oral or written agreements that may have existed between the parties. This Agreement may not be amended by either party except in writing. 9. Execution of Agreement. Both parties agree that an electronic signature suffices for an original signature, that an electronic or facsimile copy suffices for an original document, and that this Agreement may be executed in counterparts. This Agreement shall be effective upon full execution by all parties and adoption into a Final Order. After full execution of this Agreement, the Agency will enter a Finai Order adopting this Agreement and ciosing the case. The following representatives have read and understand this Agreement, are signing it freely and voluntarily, and acknowledge that they are authorized to enter into this Agreement. Molly McKikstry, Deputy Secretary Stevey L. L-Ba Health Qual#ty Assurance -’ National Fanpfly Medical Centers. Agency for Health Care Administration So c/o Rodney Gregory, Esquire 2727 Mahan Drive, Bldg. #3 Counsel for Petitioner Tallahassee, Florida 32308 4811 Atlantic Boulevard, Suite 1 Jacksonville, Florida 32207 DATED: 7/ 06 fod WG, William H. Roberts, Acting General Counsel Office of the General Counsel Offf€e of the General Counsel Agency for Health Care Administration Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 Tallahassee, Florida 32308 DATED: pate: ///3 ZZ. Page 2 of 2
