97-003114 Agency For Health Care Administration vs. Addus Healthcare, Inc. Status: Closed Recommended Order on Friday, October 24, 1997.

Summary: Respondent (R) failed to timely file its renewal application. R blamed AHCA for not timely sending renewal packet, but R failed to notify AHCA of change of address. Rule provides for $1,900 fine; no mitigating circumstances proven.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AGENCY FOR HEALTH CARE )

ADMINISTRATION, )

)

Petitioner, )

)

vs. ) Case No. 97-3114

)

ADDUS HEALTHCARE, INC., )

)

Respondent. )

___________________________________)

RECOMMENDED ORDER

On September 30, 1997, a formal administrative hearing was

held in this case by televideo before J. Lawrence Johnston,

Administrative Law Judge, Division of Administrative Hearings.

(The Administrative Law Judge was in a specially-equipped hearing

room in Tallahassee, along with an AHCA witness, and the other

hearing participants were in a specially-equipped hearing room in

Tampa, Florida. The two hearing rooms were connected by

televideo.)

APPEARANCES

For Petitioner: Thomas W. Caufman, Esquire

Agency for Health Care Administration

7827 North Dale Mabry Highway

Tampa, Florida 33614

For Respondent: Patricia Zaleski, Administrator

Addus Healthcare, Inc.

8001 North Dale Mabry Highway, Suite 701-B

Tampa, Florida 33614

STATEMENT OF THE ISSUE

The issue in this case is whether the Respondent should be

fined $1,900 for failing to timely apply to renew its home health

agency license.

PRELIMINARY STATEMENT

On or about June 4, 1997, the Petitioner, the Agency for

Health Care Administration (AHCA), filed an Administrative

Complaint, AHCA No. 06-97-178-HHA, fining the Respondent, Addus

Healthcare, Inc., $1,900 for allegedly failing to timely apply to

renew its home health agency license. The Respondent responded

through its corporate counsel that circumstances excused its late

filing and requested formal administrative proceedings.

The matter was referred to the Division of Administrative

Hearings (DOAH) on July 9, 1997, and a televideo final hearing

was set for September 30, 1997.

The Respondent's corporate counsel did not appear at the

final hearing; instead, the Respondent's Tampa facility's new

administrator, Patricia Zaleski, appeared for the Respondent.

The AHCA called its one witness, and had AHCA Exhibit 1 admitted

in evidence. Zaleski testified for the Respondent.

Neither party ordered the pr eparation of a transcript of the

final hearing. The parties were given ten days to file proposed

recommended orders. Neither party filed a proposed recommended

order.

FINDINGS OF FACT

1. The Respondent, Addus Healthcare, Inc., is a Florida

licensed home health care agency. It held a license that was due

to expire on May 31, 1997.

2. The Respondent did not apply for renewal of its license

until April 21, 1997, at the earliest. The renewal application

was filed-stamped on April 23, 1997, but the env elope it came in

could not be located, so there was a question as to the precise

filing date. However, the verification on the renewal

application was notarized on April 21, 1997, so it could not have

been filed before then.

3. In accordance with its procedures for facilitating and

expediting license renewals, AHCA mailed the Respondent a renewal

application form on March 17, 1997. The renewal application form

was mailed to the Respondent's address as indicated in the AHCA

licensure files--8001 North Dale Mabry Highway, Suite 501-E.

However, the Respondent had moved to Suite 701-B without

notifying the AHCA. This delayed the arrival of the renewal

application form until March 27, 1997.

4. After the arrival of the renewal application form at

the facility's actual location, further delay resulted because

the facility was without an administrator at the time. A slight

additional delay resulted because of a discrepancy between the

license number on the form and the Respondent's actual license

number. (Several telephone calls resolved this problem.) It

then took several days to compile the information necessary to

complete and file the application.

CONCLUSIONS OF LAW

5. Section 400.471(5), Florida Statutes (1995), provides

in pertinent part:

Sixty days before the expiration date, an application

for renewal must be submitted to the Agency for Health

Care Administration under oath on forms furnished by it

. . . .

6. Florida Administrative Code Rule 59A-8.0086(1)

provides:

The AHCA shall deny an initial or renewal application

for license, or impose a fine ,

* * *

(e) if the applicant fails to comply with other

provisions of the statute, Chapter 400, Part IV, F.S.,

or this rule. (emphasis added)

7. Florida Administrative Code Rule 59A-8.0086(4)

provides:

Failure to file an application within the time frames

specified in this rule shall result in an

administrative fine in the amount of $100 per day, each

day constituting a separate violation. In no event

shall such fines aggregate more than $5,000.

8. The Respondent concedes that its license renewal

application was not timely filed. The Respondent primarily

blames AHCA and suggests that its failure to timely file should

be excused. But the evidence was that the primary cause of the

delay in the Respondent's receipt of the renewal application form

was the Respondent's failure to properly notify the AHCA of the

change of location of its facility and its failure to have, or

cover for the absence of, an administrator for its facility. It

is concluded that these circumstances do not excuse the

Respondent or mitigate the amount of the fine to be imposed in

this case.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of

Law, it is

RECOMMENDED that the Agency for Health Care Administration

enter a final order finding the Respondent, Addus Healthcare,

Inc., guilty as charged and imposing a fine in the amount of

$1,900.

RECOMMENDED this 24th day of October, 1997, in Tallahassee,

Leon County, Florida.

______________ _____________________

J. LAWRENCE JOHNSTON

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

Filed with the Clerk of the

Division of Administrative Hearings

this 24th day of October, 1997.

COPIES FURNISHED:

Michael J. Dioguardi

Corporate Counsel

10 West Kinzie

Chicago, Illinois 60610

Patricia Zaleski, Administrator

Addus Healthcare, Inc.

8001 North Dale Mabry Highway, Suite 701-B

Tampa, Florida 33614

Thomas W. Caufman, Esquire

Agency for Health Care Administration

7827 North Dale Mabry Highway

Tampa, Florida 33614

Sam Power, Agency Clerk

Agency for Health Care Administration

Fort Knox Building 3, Suite 3431

2727 Mahan Drive

Tallahassee, Florida 32308

Jerome W. Hoffman, General Counsel

Agency for Health Care Administration

2727 Mahan Drive

Tallahassee, Florida 32308

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15

days from the date of this Recommended Order. Any exceptions to

this Recommended Order should be filed with the agency that will

issue the final order in this case.