09-004910 Agency For Health Care Administration vs. Recovery Home Care Services, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 24, 2009.

STATE OF FLORIDA FILED AHCA

AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY CLERK

STATE OF FLORIDA nN FEB I I P R 15

AGENCY FOR HEALTH CARE

ADMINISTRATION

Petitioner

DOAH NO 09 4910

V CASE NO 2009002975

RECOVERY HOME CARE SERVICES INC

Respondent

FINAL ORDER

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

FINDINGS OF FACT

1 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

2 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

3 The cause was properly referred to the Division of Administrative

Hearings for proceedings according to law See Section 120 57 1 Florida

Statutes 2009

4 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

5 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 OF LAW

1 The Agency has jurisdiction over Respondent pursuant to the

provisions of Chapters 400 Part III 408 Part II and Section 20 42 Florida

Statutes and Chapter 59A 8 Florida Administrative Code

2 An administrative fine in the sum of five thousand dollars

5 000 00 shall be imposed by the Agency for the failure of a home health

agency to timely submit a quarterly report as mandated by law Section

400 474 6 Florida Statutes 2008

Based on the foregoing findings of fact and conclusions of law it is

ORDERED

1 An administrative fine in the sum of five thousand dollars

5 000 00 is hereby imposed upon Respondent The administrative fine is

due and payable within thirty 30 days of the date of rendition of this

Order

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

Administration The check along with a reference to this case number

should be sent directly to

Agency for Health Care Administration

Office of Finance and Accounting

Revenue Management and Accounting

2727 Mahan Drive MS 14

Tallahassee Florida 32308

3 Unpaid amounts will be subject to statutory interest and may be

collected by all methods legally available

4 The above styled case is hereby closed

DONE and ORDERED this day of 20 D

in Tallahassee Leon County Florida

Thomas

Agency

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 Schlachter Administrator Division of Administrative Hearings

Recovery Home Care Services Inc The DeSoto Building

3261 US Highway 441 27 1230 Apalachee Parkway

Fruitland Park Florida 34731 Tallahassee FL 32399

U S Mail Electronic Mail

Jan Mills Thomas J Walsh II Senior Attorney

Facilities Intake Unit Agency for Health Care Admin

Agency for Health Care Admin Office of the General Counsel

Interoffice Mail Interoffice Mail

Agency for Health Care Admin Anne Menard Unit Manager

Office of Finance Accounting Home Care Unit

Revenue Management Unit Agency for Health Care Admin

Interoffice Mail Interoffice Mail

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 day of nA r 2010

Richard Shoop Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive Building 3

Tallahassee Florida 32308 5403

850 5873 922