09-003977 American Home Care vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, October 2, 2009.

STATE OF FLORIDA s L

AGENCY FOR HEALTH CARE ADMINISTRATION AHCA

AGES CY CLERK

STATE OF FLORIDA AGENCY FOR 1009 DEC I P 1 01

HEALTH CARE ADMINISTRATION

Petitioner DOAH NO 09 3977

FRAES NOS 2009002374

vs 2009002765

RENDITION NO AHCA 09 1 S OLC

AMERICAN HOME THERAPY PROVIDERS

INC d b a AMERICAN HOME CARE

Respondent

FINAL ORDER

Having reviewed the Notices of Intent to Impose Fine attached hereto

and incorporated herein Composite Exhibit 1 and all other matters of

record the Agency for Health Care Administration Agency has entered

into a Settlement Agreement Exhibit 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 Respondent shall pay within thirty 30 days of the date of

rendition of this Order the total amount of one thousand five hundred

dollars 1 500 00 representing seven hundred fifty dollars

750 00 attributable to each styled cause

3 Checks should be made payable to the Agency for Health Care

Administration The check along with a reference to these case

numbers should be sent directly to

Agency for Health Care Administration

Office of Finance and Accounting

Revenue Management Unit

2727 Mahan Drive MS 14

Tallahassee Florida 32308

4 Unpaid amounts pursuant to this Order will be subject to

statutory interest and may be collected by all methods legally

available

5 The Final Order dated June 24 2009 FRAES Number

2009002765 is vacated nunc pro tunc June 24 2009

6 The Respondent s requests for Administrative proceedings are

hereby withdrawn

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

8 The above styled cases are hereby closed

DONE and ORDERED this day of 2009

in Tallahassee Leon County Florida

Thomas rnold Secretary

Agency for ealth 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

John D Buchanan Jr Esq Thomas J Walsh II Senior Attorney

Henry Buchanan et al Agency for Health Care Admin

Post Office Box 14079 525 Mirror Lake Drive N 330G

Tallahassee Florida 32317 St Petersburg Florida 33701

U S Mail Interoffice Mail

Jan Mills Agency for Health Care Admin

Agency for Health Care Admin Office of Finance and Accounting

2727 Mahan Drive Bldg 3 MS 3 Revenue Management Unit

Tallahassee Florida 32308 2727 Mahan Drive MS 14

Interoffice 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 the lay of e 2009

Richard Shoop Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive Building 3

Tallahassee Florida 32308 5403

850 5873 922

Curl ified Article N Mbpr

7160 9848 1380 1621

SENC11 RS RECORD

CHARLIE CRIST Better FROM AGENMOR HEALTH for CARE all ADM MTROON HOLLY BENSON

GOVERNOR Health Care Florldianq SECRETARY

March 3 2009

GRACE L PENANO

AMERICAN HOME CARE LICENSE NUMBER 299992346

150 W MCKENZIE ST STE 113

PUNTA GORDA FL 33950 CASE 2009002374

NOTICE OF INTENT TO EAPOSE FINE

Pursuant to Section 400 474 6 f Florida Statutes S F a fine of 000 5 is hereby imposed for failure

to submit the home health agency quarterly report within 15 days after the quarter ending September 30

As required in section 400 474 6 f S F the agency shall impose a fine of 5 000

TO PAY NOW PAYMENT SHOULD BE MADE WITHIN 21 DAYS AND MAILED WITH A

COPY OF THIS NOTICE OF INTENT TO

Agency for Health Care Administration

Finance and Accounting Revenue Section

OMC Manager

2727 Mahan Drive MS 14

Tallahassee FL 32308

Include License Number 299992346 and Case Number 2009002374 in check memo field

EXPLANATION OF RIGHTS

Pursuant to Section 569 120 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 57 120 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 OF RIGHTS FORM

Agency for Health Care Administration

By Anne Menard Manager

Home Care Unit

cc Agency Clerk Mail Stop 3

Legal Intake Unit Mail Stop 3

2727 Mahan DrIve MS 34

Tallahassee Florida 32308

RPR 22 2009 10 28 From AMERICAN HOME CARE 941 575 4445 To 18502240034 Pase 3 5

71b0 3901 9646 1044 2670

w

CHARLIE IR J

CRIST Better Health Care torall Floridians HOLLY BENSON

GOVERNOR SECRETARY

March 6 2009

GRACE L PENANO

AMERTCAN HOW CARE LICENSE NUMBER 299992346

150 W MCKENZIE ST STE 113

PUNTA GORDA FL 33950 CASE 2009002765

NOTICE OF InTENT T Oll171 QS EI NF

Pursuant to Section 400 474 6 f Plorida Statutes S P a line of 5 000 is hereby imposed for failure

to submit the home health agency quarterly report within 15 days after tie tiuarter ending December 31

As required in section 400 6 474 f S F the agency shall impose a tine of S 5 x

TO E NOW UXMM Hit OM K MADE WITHIN 211llAY5 AND MAILF D WITH A

COPY OF TIEYJSQT C F QF INTENT TO

Agency for Hoalth Caro Administration

Finance and Accounting Revenue Section

OMC Manager

2727 Mahan Drive MS 114

Tallahassee FL 32308

Tnciude License Number 299992346 and Case Number 2009002765 in check memo tleld

EXFLAN TION OF MGifl TS

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

obtain a l forma proceeding before the Division of Administrative Hearings under Section 57 120 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 OF RIG E IS FORM

A86ney i or Health

Care I Administration

By Anne Menard Manager

Tome Care Unit

cc Agoney Clerk Mail Stop 3

Legal Intake Unit Mail Stop 3

2727 Mahan Drlve MS 34 Visit AHCA online at

Tallahassee Florida 32300 http rrshos mytlorida com

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA AGENCY FOR

HEALTH CARE ADMINISTRATION

Petitioner

vs DOAH No 09 3977

FRAES No 2009002374

AMERICAN HOME THERAPY PROVIDERS

INC d b a AMERICAN HOME CARE

Respondent

STATE OF FLORIDA AGENCY FOR

HEALTH CARE ADMINISTRATION

Petitioner

vs

FRAES No 2009002765

AMERICAN HOME THERAPY PROVIDERS

INC d b a AMERICAN HOME CARE

Respondent

SETTLEMENT AGREEMENT

Petitioner State of Florida Agency for Health Care Administration hereinafter the

Agency through its undersigned representatives and Respondent American Home Therapy

Providers Inc d b a American Home Care hereinafter Respondent 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 Respondent is a Home Health Agency licensed pursuant to Chapters

400 Part III and 408 Part II Florida Statutes and Chapter 59A 8 Florida Administrative Code

and

EXHIBIT

WHEREAS the Agency has jurisdiction by virtue of being the regulatory and licensing

authority over Respondent and

WHEREAS the Agency served the Respondent with two 2 Notices of Intent to Impose

Fine dated March 6 2009 notifying the party of its intent to impose a fine of five thousand

dollars 5 000 000 for each Notice of Intent for a total of ten thousand dollars 00 10 000 for

the alleged failure to timely file mandatory reports pursuant to Section 400 474 6 f Florida

Statutes 2008 and

WHEREAS the Respondent requested administrative hearings by filing an election of

rights form or by petition and

WHEREAS a Final Order was entered in FRAES Number 2009002765 dated June 24

2009 requiring Respondent tender payment of five thousand dollars 5 000 00 in that action

within thirty 30 days of the date thereof and

WHEREAS the parties have agreed that Respondent reported required information for

more than one license under a single license number or on a single report 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 these proceedings 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

Page 2 of 6

2 Both parties agree that the whereas clauses incorporated herein are binding

findings of the parties

3 Upon full execution of this Agreement Respondent agrees to a withdrawal of its

requests for administrative proceedings agrees to waive any and all proceedings and appeals to

which it may be entitled including but not limited to informal proceedings under Subsection

120 57 2 formal proceedings under Subsection 120 57 1 appeals under Section 120 68

Florida Statutes and declaratory and all writs of relief in any court or court quasi 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 Respondent shall remit to the Agency

within thirty 30 days of the date of entry of a Final Order adopting this Agreement

administrative fines in the sum of one thousand five hundred dollars 1 500 00 representing

seven hundred fifty hundred dollars 750 00 attributable to each of the Notices of Intent to

Impose Fine dated March 6 2009

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 By executing this Agreement the Respondent neither admits nor denies the facts

and legal conclusions raised in the two 2 Notices of Intent referenced herein Nothing in this

Agreement shall be deemed to preclude the Agency from using this assessment of fines in

weighing future administrative actions regarding the Respondent including but not limited to

Page 3 of 6

decisions regarding the licensure of Respondent including but not limited to licensure for

limited mental health limited nursing services or extended congregate care The Agency is not

precluded from using the subject events for any purpose within the jurisdiction of the Agency

Further Respondent acknowledges and agrees that this Agreement shall not preclude or estop

any other federal state or local agency or office from pursuing any cause of action or taking any

action even if based on or arising from in whole or in part the facts raised in the two 2

Notices of Intent referenced herein

7 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 cases

8 This Agreement and the Final Order entered hereon shall vacate nunc pro tunc

the Final Order in FRAES Number 2009002765 dated June 24 2009

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

10 This Agreement shall become effective on the date upon which it is fully executed

by all the parties

11 The Respondent 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 and from 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 s Agency 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 or on behalf of

by

the Respondent or related or resulting organizations

Page 4 of 6

12 This Agreement is binding upon all parties herein and those identified in the

aforementioned paragraph of this Agreement

13 The undersigned have read and understand this Agreement and have authority to

bind their respective principals to it

14 In the event that Respondent was a Medicaid provider at the subject time of the

actions alleged in the Notice of Intent referenced herein this Agreement does not prevent the

Agency from seeking Medicaid overpayments related to the subject issues or from imposing any

sanctions pursuant to Rule 59G 9 070 Florida Administrative Code This Agreement does not

settle any federal issues pending against Respondent

15 Respondent agrees that if any funds to be paid under this Agreement to the

Agency are not paid within one thirty 31 days of entry of the Final Order in this matter the

Agency may deduct the amounts assessed against Respondent in the Final Order or any portion

thereof owed by Respondent to the Agency from any present or future funds owed to

Respondent by the Agency and that the Agency shall hold a lien against present and future funds

owed to Respondent by the Agency for said amounts until paid

16 This Agreement contains the entire understandings and agreements of the parties

17 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

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

Page 5 of 6

Froc Henry Buchanan Hudson Suber 8502240034 10 22 2009 07 45 015 P 006 006

19 The following representatives hereby acknowledge that they are duly authorized

to enter into this Agreement

Elizabeth ek John D Buchanan Jr Esq

Deputy Sec tary Henry Buchanan et al

Agency WIlealth Care Administration Post Office Box 14079

2727 Mahan Drive Bldg 1 Tallahassee FL 32317

Tallahassee Florida 32308 Florida Bar No 14079

Counsel for Respondent

DATED VZ DDATED

Ju4in M 4 or General Counsel Name i acs

Florida Bar No 79741 Position

Agency for Health Care Administration American Home Therapy Providers Inc

2727 Mahan Drive Mail Stop 3

Tallahassee Florida 32308

DATED f 510 9 DATED v a f o

Tho Walsh II Senior Attorney

Flo Bar No 566365

Agency for Health Care Administration

525 Mirror Lake Dr N Suite 330G

St Petersburg Florida 33701

DATED I I i L

t Lj

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