11-003958 National Family Medical Centers vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 18, 2012.

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party that is adversely affected by this Final Order is entitled to seek 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.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of this Fin rderr was served on the

below- named persons/ entities by the method designated on this; V_ ay of

2012.

Richard Shoop, Agenc

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop # 3

Tallahassee, Florida 32308- 5403

Telephone ( 850) 412- 3630

Jan Mills Roger Bell, Unit Manager

Facilities Intake Unit Health Care Clinic Unit

Agency for Health Care Administration Agency for Health Care Administration

Interoffice Mail) Interoffice Mail)

Finance and Accounting Stevey Barnes, Owner

Revenue Management Unit National Family Medical Centers, Inc.

Agency for Health Care Administration c/ o Rodney Gregory, Esquire

Interoffice Mail) Counsel for Petitioner

4811 Atlantic Boulevard, Suite 1

Jacksonville, Florida 32207

U. S. Mail)

Sharon K. Jones, Assistant General Counsel Barbara J. Staros

Office of the General Counsel Administrative Law Judge

Agency for Health Care Administration Division of Administrative Hearings

Interoffice Mail) Electronic Mail)

r

RICK SCOTT ioRan~ AG6" HiF TIJCAAEAWIM MirM ELIZABETH l

I GOVERNOR Better Health Care for all Florldlens SECRETARY DUDEK Q" i4.

July 11, 2011 CERTIFIED MAIL / REQUESTED MA

RETURN RECEIPT

National Family Medical Centers License Number: 8402

6349 Beach Blvd Case 2011 00 7423

1 Jacksonville, FL 32216 k;

NOTICE OF INTENT TO DENY RENEWAL APPLICATION

I The application for health care clinic. renewal.. license for National Family Medical Centers Is

denied purspant to Section. 400. 1( d); 99. 5)( and, s. 400. 995 ( 1), Florida Statutes ( F. S:), which

requires all applicants as defined by s. 400. 5)( 991( a), F. S., successfully complete a Level- 2

background screening for convictions set forth on s. 435. 04, F. S,, as minimum requirement for

licensure. Stevey L. Barnes; the 100% owner of National. Family Medical Centers is considered

a controlling interest as set forth in s. 408. 803 ( 7), F. S,, has failed to successfully pass Level :. 2

screening in accordance with s, 400. 991 ( 5) ( a), ( b) and ( d), and s, 408, 809 ( 1)( e); s. 408. 810

1), F. S.

EXPLANATION OF RIGHTS

I~ 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

II, 120. 1), 67( RS., your request for an administrative hearing must conform to the requirements in-

Section 28= 201, 106. Florida Administrative Code ( C), F. A. and must state the material facts you

dispute:

1l.

SEE ATTACHED ELECTION AND EXPLANATION OF RIGHTS FORMS.

oger Il, a ger

Heatt are Clinic Unit

cc: Agency Clerk, Mail Stop 3

Legal Intake Unit, Mail Stop 3

2727 Mahan DrlVa, 53 MS- Visit AHCA online at

Tallahassee, Florida 32308 shoe. myflorida. corn

i

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

NATIONAL FAMILY MEDICAL CENTERS,

DOAH/ Case No. 11- 3958

Petitioner,

V. AHCA No. 2011007423

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondent.

SETTLEMENT AGREEMENT

The Petitioner (" the Applicant") and the Respondent (" the Agency") voluntarily enter into this

Settlement Agreement (" Agreement") and agree as follows:

I. Parties/ Background. The Applicant filed an application seeking renewal licensure

within the jurisdiction of the Agency. After initial review, the Agency issued the Applicant an

omissions letter and thereafter a Notice of Intent to Deny (" NOi" The Applicant has since tendered to

the Agency additional information and/ or documentation in support of the application, which the

Agency is willing to review.

2. Purpose and Effect of Settlement. Both parties wish to resolve this case without further

litigation and recognize that by entering into this Agreement, both are expressly waiving their right to

any legal proceeding they are entitled, including, but not limited to, formal and informal proceedings

under Section 120. 57, Florida Statutes, and appellate review. Both parties consent to the withdrawal of

any request for formal or informal hearing if such a request has been made, as well as the relinquishment

of jurisdiction of the informal hearing officer or administrative law judge.

3. Resumption of Application Review. The parties agree that this Agreement shall

supersede the NOI and that the application will no longer be deemed to be incomplete and withdrawn

from further review. If the Agency has not already completed its review of the application, it shall

resume its review of the application upon entry of the Final Order adopting this Agreement. Nothing in

this Agreement, however, shall prohibit the Agency from denying the application based upon any

statute, rule, or regulation, and, if applicable, an unsatisfactory licensure survey. Applicant shall retain

the right to challenge any future denial of application preserving any and all administrative and/ or legal

rights with respect thereto.

4. Administrative Fee. The Applicant agrees to pay the Agency an administrative fee of

200. 00 within 30 days of the entry of the Final Order.

5. Release. The Applicant releases and forever discharges the Agency, its employees and

agents, both past and current, from any and all claims. including, but not limited to, damages, attorney' s

fees and costs, arising from or i-,; lating to the issuance or litigation of this NOI.

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6. Costs and Attorney' s Fees. Each party shall bear their own costs and attorney' s fees.

7. Right to Counsel. The Applicant acknowledges the right to retain independent counsel

and has either obtained its own counsel or voluntarily waived the right to counsel. The Applicant further

acknowledges that Agency counsel represents solely the Agency and that Agency counsel has not

provided any legal advice to, or influenced, the Applicant in the voluntary decision to enter into this

Agreement.

8. Entire Agreement. This Agreement contains the entire understandings of both parties.

This Agreement supersedes any prior oral or written agreements that may have existed between the

parties. This Agreement may not be amended by either party except in writing.

9. Execution of Agreement. Both parties agree that an electronic signature suffices for an

original signature, that an electronic or facsimile copy suffices for an original document, and that this

Agreement may be executed in counterparts. This Agreement shall be effective upon full execution by

all parties and adoption into a Final Order. After full execution of this Agreement, the Agency will enter

a Finai Order adopting this Agreement and closing the case.

The following representatives have read and understand this Agreement, are signing it freely and

voluntarily, and acknowledge that they are authorized to enter into this Agreement.

Molly McKi i stry, Deputy Secretary Stcvey L arwo, Owner

Health Qua y Assurance National Fa y Medical Centers.

Agency for Health Care Administration c/ o Rodney, regory, Esquire

2727 Mahan Drive, Bldg. # 3 Counsel for Petitioner

Tallahassee, Florida 32308 4811 Atlantic Boulevard, Suite 1

Jacksonville, Florida 32207

r

DATED: d 4 DATED:

William H. Roberts, Acting General Counsel Sharo K. Jones, Assistant neral C nsel

Office of the General Counsel cc of the General Counsel

Agency for Health Care Administration Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 43 2727 Mahan Drive, Mail Stop # 3

Tallahassee, Florida 32308 Tallahassee, Florida 32308

DATED: DATED:

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