09-005361 Lee Memorial Home Health, Inc. vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, October 9, 2009.

F IE

STATE OF FLORIDA IL AHCA U

AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY CLERK

LEE MEMORIAL HOME HEALTH ZOOq NOV 5 P 2 51

INC

Petitioner DOAH CASE NO 09 5361

AHCA CASE NO 2009011154

vs RENDITION NO AHCA 09 S OLC

STATE OF FLORIDA

AGENCY FOR HEALTH CARE

ADMINISTRATION

Respondent

I

FINAL ORDER

Having reviewed the Denial of the Request to Expand the Geographic Service

Area dated April 14 2009 Exhibit 1 8 that was issued to the Petitioner Lee Memorial

Home Health Inc hereinafter the Petitioner and all other matters of record and

having entered into a Settlement Agreement with the Petitioner Exhibit 1 the Agency

for Health Care Administration hereinafter the Agency finds and concludes as

follows

1 The Settlement Agreement is attached hereto and made a part hereof

The parties are directed to comply with the terms of the Settlement Agreement

2 The Denial of the Request to Expand the Geographic Service Area is

withdrawn and the Petitioner s request for expansion of its geographic area to include

Collier County Florida is APPROVED

3 The Petitioner s request for formal administrative proceeding is dismissed

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

5 The above styled case is hereby closed

DONE AND ORDERED on this i day Of 2009 in

Tallahassee Leon County Florida

RNOLD Secretary

th Care Administration r

NOTICE OF RIGHT TO JUDICIAL REVIEW

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 IN THE DISTRICT COURT OF

APPEAL 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 THIRTY 30 DAYS OF RENDITION OF THE

ORDER TO BE REVIEWED

Copies furnished to

Janice Mills Richard Joseph Saliba Senior Attorney

Facilities Intake Office of the General Counsel

Agency for Health Care Administration Agency for Health Care Administration

Interoffice Mail Interoffice Mail

Anne Menard Unit Manger W David Watkins Esquire

Home Care Unit Watkins and Associates P A

Agency for Health Care Administration Post Office Box 15828

Interoffice Mail Tallahassee Florida 32317 5828

U S Mail

R Bruce McKibben

Administrative Law Judge

Division of Administrative Hearings

Electronic Transmission

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing Final Order was served on the

above named person s and entities by U S Mail or the method designated on this

ay of 46 2009

RICHARD J SHOOP Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive Mail Stop 3

Tallahassee Florida 32308

850 922 5873

II

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

LEE MEMORIAL HOME HEALTH INC

Petitioner DOAH CASE NO 09 5361

AHCA CASE NO 200901154

vs

STATE OF FLORIDA AGENCY FOR

HEALTH CARE ADMINISTRATION

Respondent

SETTLEMENT AGREEMENT

State of Florida Agency for Health Care Administration hereinafter the AHCA

through its undersigned representatives and LEE MEMORIAL HOME HEALTH INC

hereinafter Lee Memorial 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 Lee Memorial is home health agency located at 2070 Carrell Road Suite B

Fort Myers Florida HH 20643096

WHEREAS AHCA as the licensing and regulatory agency over home health care

facilities has jurisdiction over the licensure and regulation of Lee Memorial pursuant to Rule

59A 8 Florida Administrative Code and pursuant to Chapter 400 Part III Florida Statutes

WHEREAS on or about December 23 2008 Lee Memorial requested expansion of

geographical services in Collier County Exhibit A

WHEREAS the Agency denied such request on or about date of April 14 2009 Exhibit

B

EXHIBIT

I I

0

WHEREAS Lee Memorial filed an administrative complaint seeking relief with the

Division of Administrative Hearing Exhibit C 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 further litigate the dispute

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

findings of the parties

3 LEE MEMORIAL agrees to file with the Division of Administrative Hearings a

Motion to Relinquish to the Agency the pending action for purposes of effecting this settlement

4 Upon full execution of this Agreement Lee Memorial agrees to voluntarily

dismiss its pending action and to waive compliance with the form of the Final Order findings of

fact and conclusions of law No agreement herein will be deemed a waiver of either party s

right to judicial enforcement of this Agreement

5 Upon full execution of this Agreement the parties agree to the entry of a Final

Order by the Agency approving the expansion of Lee Memorial s geographical service area to

Collier County Florida

6 Venue for any action brought to interpret challenge or enforce the terms of this

Agreement or of the Agency s Final Order adopting this Agreement shall be solely and

exclusively in the Circuit Court in Leon County Florida

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 case

8 Each party shall be solely responsible for its respective costs and attorneys fees

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

by all parties

10 Lee Memorial 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 representative 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 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

Lee Memorial or related or resulting organizations

11 This Agreement is binding upon all parties herein and those identified III

paragraph 10

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

bind their respective principals to it Lee Memorial s representative has the capacity to execute

this Agreement and has done so with the advice of counsel

13 This Agreement constitutes the entire understanding and agreement of the parties

14 This Agreement supersedes any prior oral or written agreement s 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

W David atkins Esquire

Florida Bar No 437190

Watkins Associates P A

Post Office Box 15828

Tallahassee FL 32317 5828

DATED DATED o t 1

I

DATED

0 09

1

Saliba Esquire

Assistant General Counsel

Florida Bar No 0023851

AUM1N I I lUt cu tJ

9 16 2a0g 12 15 2394182992 LMH HOME HLIH

HOME Alffi iiE

TUesday December 23 2008

Agoney for Health Care Administration

Homo Caro Unit 34

2727 M man Drivo Mail Stop

Tallahassee Fl 32308

To Whom It M y Concem 1Ul 20643096

fA Lee Memorial a Healtb Inc

RE RequeSt for the addition of CollIer CoWllY

certified home healtb

lno LMlUl is a Medican I Medicaid Inc

Whereas Lee M orial HOMe of Health Florida aDd lICcrec1ited by comm Wlity Health Accredi1auon additionofColUer Program

agency t licend in the Stato that the AffJf1CY for Health Care Administration approve the below is a pllUl for

we respectfully Jequest I n compUace with 59A OO7 2 lorida Statule5 in the

County to olll Uceased service staff which takes ml9l1CCO 1Dt the pIOj numbero olients service aftlL

coverage ofthe professioaal area 4 supervision of o staff in the requeSteclseograpbic

requested geographic service clients within

five 25 to fifty SO intennittart

We expect aniDitial cenSus of aPpto1Qmately 2009 To twenty meet this we win IISSlsn our south Lee county team to

Collier County during calendar year Ibis team consists of six reaistered DurSoS five phYsical therapists Ie nata

cover patients with Co11ler County one oceupa1ional therapiat and OD h me health aid as well as IS pro needed to

two physical therapy 885m and lIledica1 social workers Ibis team will pow

PRN teaistered nunes witblD speech CoBler therapists County

meet t 1rtbot demend

olose to

as Bonita which is suffioiently major

LMHH c IlTently tnatB patients in ateu such Naples and Golden Sprinas Gate are approximately fifteen miles frolD our

population area area within We ColUer County that our clinical staff and supervisors will successfully meet the patient

ourrent service expect

needs of Collier County

County

to 1110 teun who will treat patients withln Comer

The followma supervison will be assiped who

nurse reponma to the DirectOr ofNutSing twO

Re ional CUniea1 Manager the fOUOw1n11tltf A licensed registered fifteen registered nunes twO licensed practical nwses and

currently supervises tiJno time incl pRN

home health aides includes tWl part

LeeM moriai oTg

33901 299 418 2900 fAx [phone] www

2070 Carrell Raad S B Port Myers Flooda

EXHIBIT

E IllI T 1

I A

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9 16 2ee9 12 15 2394182992 LMH HOME HLTH ADMIN fAljl IOj

HOMEiiEAIiH

who nIly suPOfViseS

eportin 10 the lPatiouol

licCllOOll phyllco1 thoropisI tbaOPy IS eiJbt

JbaO l1 SupoIOisor A phyoico1 throe pb1Ilcal ODd P lN

the folIc wina sIOif lheraPiot l1IOIu4cS t l1I 1lmc pott d1DO eI

lhenIi illlS ODd speech is odtli infonJlll o4 oeedod p1 or

this IeClUOst or If at CYJllhi

If you 1IlIY queodm oftice by JeP1 IiIlI pbOIlO at 418 239 2900 by 3 mo1I e 90t

fiee 10 cootaot my Carrell ReS Suite B fort Myers FL

by mall at 2070

Respect1i1l1Y

fyr da

B S

Cyntbia CbriJR Administrator N

Exetl ltive Director Health Inc

Lee Memoriallioane

2a9 418 29oo fax [phone] www L eMemonat org

2070 c cll Road S B It M yen Florida 83901

f j j

CHARLIE CRIST HOLLY SECRETARY BENSON

GOVERNOR

April 14 2009

Lee Memorial Home Health

2070 Carrell Rd STE 8

Fort Myers FL 33901

Dear Administrator

Our office has received YOW request to expand your current Florida geographical Administrative service Code area to this include agcncy s

Collier County In accordance with Chapter S9A S 007 as well as

administrative actions including fines suspensions revocations or injunctions services your within

previous survey history were reviewed to determine your ability to provide quality

the requestcd area

that can

Unfortunately after careful review it has been detennined by the field officc your request

not be sranted at this time

If you have questions please contact me via email at houstonp@ahca mynorida com or by phone

at 850 414 6010

1rJ

Pamela Houston

Senior Human Services Program Specialist

Home Care Unit

online at

2727 M h n Drlv8 Florida MS 32308 34 http Vlalt ahoa AHe myflorlda com

T lI h

EXHIBIT

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