09-003498 Apex Laboratory, Inc. vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, June 29, 2009.

STATE OF FLORIDA It1 1

AGENCY FOR HEALTH CARE ADMINISTRATION ANCA E

AGECY CLERK

APEX LABORATORY INC

1009 JUL 8 P 3 OS

Petitioner

DOAH No 09 3498

V AHCA No 2009006594

RENDITION NO AHCA 09 S C S OL C

STATE OF FLORIDA

AGENCY FOR HEALTH CARE

ADMINISTRATION

Respondent

FINAL ORDER

Having reviewed the Notice of Intent dated June 10 2009 attached

hereto and incorporated herein Ex 1 and all other matters of record the

Agency for Health Care Administration the Agency has entered into a

Settlement Agreement Ex 2 with the parties to these proceedings and

being otherwise well advised in the premises finds and concludes as

follows

ORDERED

1 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

2 The Agency s Notice of Intent to Deem Application Incomplete

and Withdrawn from Further Review is rescinded

3 The Petitioner s request for formal administrative proceedings is

withdrawn

4 Each party shall bear its own costs and attorney s fees

5 The above styled case is hereby closed

DONE and ORDERED this da of 11 Alv 2009

in Tallahassee Leon County Florida

Holly mso Secretary

Agen for FYealth Care Administration

A PARTY WHO IS ADVERSELY AFFECTED E Y THIS FINAL ORDER IS ENTITLED

TO JUDICIAL REVIEW WHICH SHALL BE NSTITUTED BY FILING ONE COPY

OF A NOTICE OF APPEAL WITH THE P SENCY CLERK OF AHCA AND A

SECOND COPY ALONG WITH FILING FEI AS PRESCRIBED BY LAW WITH

THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE

AGENCY MAINTAINS ITS HEADQUARTER i OR WHERE A PARTY RESIDES

REVIEW OF PROCEEDINGS SHALL BE CC NDUCTED IN ACCORDANCE WITH

THE FLORIDA APPELLATE RULES THE N TICE OF APPEAL MUST BE FILED

WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED

Copies furnished to

an Mills Thomas M Hoeler Esquire

Agency for Health Care Admin Agency for Health Care Admin

2727 Mahan Drive Bldg 3 MS 3 2727 Mahan Drive Bldg 3 MS 3

Tallahassee Florida 32308 Tallahassee Florida 32308

Interoffice Mail Interoffice Mail

Karen Rivera Manager James P Early

Laboratory Licensure Unit Apex Laboratory

Agency for Health Care 170 Finn Court

Administration Farmingdale NY 117035

2727 Mahan Drive MS 32 U S Mail

Tallahassee Florida 32308

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 L day of 2009

Richard Shoop Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive Building 3

Tallahassee Florida 32308 5403

850 5873 922

4 u zuuG5CfG

CHARLIE GRIST Better FLORMAGWY Health FOR Care HEALTH for GORE all ADMETMION Floridians HOLLY BENSON

GOVERNOR SECRETARY

June 10 2009 RETURN RECEIPT REQUESTED

MA1L

ANTHONY T GAROFALO C t

APEX LABORATORY INC LICENSE NUMBER 800022307

170 FINN CT JUN 16 2009

FARMINGDALE NY 11735 Of 1j salt4n CASE 2009006594

liar minlaftdon

NOTICE OF INTENT TO DEEM APPLICATION INCOMPLETE AND WITHDRAWN FROM

FURTHER REVIEW

Your application for license is deemed incomplete and withdrawn from further consideration pursuant to

Section 408 806 3 b Florida Statutes which states that Requested information omitted from an

application for licensure license renewal or change of ownership other than an inspection must be filed

with the agency within 21 days after the s agency request for omitted information or the application shall

be deemed incomplete and shall be withdrawn from further consideration and the fees shall be forfeited

You were notified by correspondence dated March 23 2009 to provide further information addressing

identified apparent errors or omissions within twenty one days from the receipt of the Agency s

correspondence Our records indicate you received this correspondence by certified mail on April 06

2009 As this requested information was not timely received by the Agency your application is deemed

incomplete and withdrawn from further consideration The outstanding issues remaining for licensure are

Failure to submit corrections upon request for RENEWAL application

1 On Page 5 of 9 of the Renewal application form 3170 2004 the Owner Name and Federal

Tax ID number do not match current files

2 Test menu lists panels not individual tests

3 Section 2A of the Health Care Licensing Application does not match section 2A of the

Health Care Licensing Application Addendum

4 Affidavit of Compliance with Background Screening Requirements form 3100 0008 for

the Laboratory Director

EXPLANATION OF RIGHTS

Pursuant to Section 120 569 F S you have the right to request an administrative hearing In order to

obtain 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 28 106 201

Florida Administrative Code F A C and must state the material facts you dispute

SEE ATTACHED ELECTION AND EXPLANATION OF RIGHTS FORMS

7160 3901 9848 3738 2137

p

I D

2727 Mahan Dr ve MS 32 Visit AHCA online at

Tallahassee Florida 32308 http ahca myflorida com

WE EXHIBIT

Apex Laboratory Inc

Page 2

Karen Rivera Manager

Laboratory Licensure Unit

cc Agency Clerk Mail Stop 3

Legal Intake Unit Mail Stop 3

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STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

APEX LABORATORY INC

Petitioner

VS Case No 09 3498

FRAES No 2009006594

STATE OF FLORIDA AGENCY FOR

HEALTH CARE AMINISTRATION

Respondent

I

SETTLEMENT AGREEMENT

Respondent State of Florida Agency for Health Care Administration

hereinafter the Agency through its undersigned representatives and

Petitioner APEX LABORATORY INC hereinafter Petitioner pursuant to

Section 120 57 4 Florida Statutes each individually a party collectively

as parties hereby enter into this Settlement Agreement Agreement

and agree as follows

WHEREAS the Petitioner is a clinical laboratory licensed pursuant to

Chapter 483 Part I Florida Statutes and the Chapter 59A 7 Florida

Administrative Code and

WHEREAS the Agency has jurisdiction by virtue of being the

regulatory and licensing authority over licensure of Petitioner and

EXHIBIT

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WHEREAS the Agency served the Petitioner with a Notice of Intent

dated June 10 2009 notifying the Petitioner of its intent to withdraw its

application from further review and

WHEREAS the Petitioner requested a formal administrative hearing

by filing an election of rights form or by petition and

WHEREAS the parties have agreed that a fair efficient and cost

effective resolution of this dispute would avoid the expenditure of substantial

sums to litigate the dispute and

WHEREAS the parties stipulate to the adequacy of considerations

exchanged and

WHEREAS the parties have negotiated in good faith and agreed that

the best interest of all the parties will be served by a settlement of this

proceeding and

NOW THEREFORE in consideration of the mutual promises and

recitals herein the parties intending to be legally bound agree as follows

1 All recitals are true and correct and are expressly incorporated

herein

2 Both parties agree that the whereas clauses incorporated

herein are binding flndings of the parties

3 Upon full execution of this Agreement petitioner agrees to waive

any and ail proceedings and appeals to which it may be entitled including

but not limited to an informal proceeding under Subsection 120 57 2 a

z

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formal proceeding under Subsection 120 57 1 appeals under Section

120 68 Florida Statutes and declaratory and all writs of relief in any court

or quasi court DOAH of competent jurisdiction and further agrees to waive

compliance with the form of the Final Order findings of fact and conclusions

of law to which it may be entitled Provided however that no agreement

herein shall be deemed a waiver by either party of its right to judicial

enforcement of this Agreement

4 Upon full execution of this Agreement the parties agree to the

following

a The Notice of Intent to Deem Application Incomplete and

Withdrawn From Further Review is withdrawn

b The Petitioner s request for formal administrative

proceedings is withdrawn

5 Venue for any action brought to Interpret challenge or enforce

the terms of this Agreement or the Final Order entered pursuant hereto shall

lie solely in the Circuit Court in Leon County Florida

6 Upon full execution of this Agreement the Agency shall enter a

Final Order adopting and incorporating the terms of this Agreement and

closing the above styled case s

7 Each party shall bear its own costs and attorney s fees

8 This Agreement shall become effective on the date upon which it

is fully executed by all the parties

3

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9 The Petitioner for itself and for its related or resulting

organizations Its successors or transferees attorneys heirs and executors

or administrators does hereby discharge the Agency and its agents

representatives and attorneys of all claims demands actions causes of

action suits damages losses and expenses of any and every nature

whatsoever arising out of or in any way related to this matter and the

Agency s actions Including but not limited to any claims that were or may

be asserted in any federal or state court or administrative forum Including

any claims arising out of this Agreement by or on behalf of the Petitioner or

related or resulting organizations

10 This Agreement is binding upon all parties herein and those

identified in the aforementioned paragraph of this Agreement

11 In the event that Petitioner is or was a Medicaid provider this

settlement does not prevent the Agency from seeking Medicaid

overpayments or from Imposing any sanctions pursuant to Rule 59G 9 070

Florida Administrative Code

12 The undersigned have read and understand this Agreement and

have authority to bind their respective principals to it

13 This Agreement contains the entire understandings and

agreements of the parties

4

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14 This Agreement supersedes any prior oral or written agreements

between the parties This Agreement may not be amended except in

writing Any attempted assignment of this Agreement shall be void

15 All parties agree that a facsimile signature suffices for an original

signature

16 The following representatives hereby acknowledge that they are

duly authorized to enter into this Agreement

i

Elizab Dudek Q Ames P Early I

HQA D petty Secretary Apex Laboratory

Agency for are Administration 170 Finn Court

2727 Mahan DriBidg 1 Farmingdale NY 11735

Tallahassee HealzidA FI 3 2X0 8

DATED DATED 4 off 7 9 9

Justin Senior General Counsel

Agency for Health C

2727 Mahan Driv p 3

Tallahassee Fl j jinis ration

DATED

Thomas Hoeier Chief Counsel

Agency for Health Care Administration

2727 Mahan Drive Mai Stop 3

Tallahassee Flora 3 3CQ8

DATED

s

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