14-005044 Agency For Health Care Administration vs. Magic Hands Rehabilitation Center, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 10, 2014.

s

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

2014 DEC ! b A 11: 0

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner, DOAH Case No. 14 - 5044

Op AHCA No. 2014008789

Certificate No. HCC10956

MAGIC HANDS REHABILITATION File No. 11461

CENTER, INC., Provider Type: HCC Exemption

RENDITION NO.: ANCA- 14 - 0q8 - S - OLC

Respondent.

FINAL ORDER

Having reviewed the Administrative Complaint, and all other matters of record, the Agency for

Health Care Administration finds and concludes as follows:

1. The Agency has jurisdiction over the above - named Respondent pursuant to Chapter 408,

Part II, and Chapter 400, Part X, Florida Statutes, and the applicable authorizing statutes and

administrative code provisions.

2. The Agency issued the attached Administrative Complaint and Election of Rights form to

the Respondent. ( Ex. 1) The parties have since entered into the attached Settlement Agreement, ( Ex. 2).

Based upon the foregoing, it is ORDERED:

1. The Settlement Agreement is adopted and incorporated by reference into this Final Order.

The parties shall comply with the terms of the Settlement Agreement.

2. The facility' s Certificate of Exemption is deemed surrendered and is cancelled and of no

further effect.

3. Each party shall bear its own costs and attorney' s fees. Any requests for administrative

hearings are dismissed and the above - styled case is hereby closed.

4. In accordance with Florida law, the Respondent is responsible for retaining and

appropriately distributing all client records within the timeframes prescribed in the authorizing statutes

and applicable administrative code provisions. The Respondent is advised of Section 408. 810, Florida

Statutes.

5. In accordance with Florida law, the Respondent is responsible for any refunds that may

have to be made to the clients.

6. The Respondent is given notice of Florida law regarding unlicensed activity. The

Respondent is advised of Section 408. 804 and Section 408. 812, Florida Statutes. The Respondent

should also consult the applicable authorizing statutes and administrative code provisions. The

Respondent is notified that the cancellation of an Agency license may have ramifications potentially

affecting accrediting, third party billing including but not limited to the Florida Medicaid program, and

private contracts.

ORDERED at Tallahassee, Florida, on this day of ' 2014.

6- C - et

Elizabeth Dud ' Secret

Agency for He h Care Administration

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, 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 CERTIFY that a true and correct of this Final Or was served on the below - named

persons by the method designated on this / K& y f i , 2014.

Richard J. Shoop, Agency Clerk---)

Agency for Health Care Administration

2727 Mahan Drive, Bldg. # 3, Mail Stop # 3

Tallahassee, Florida 32308 - 5403

Telephone: ( 850) 412 - 3630

W

Jan Mills Thomas Jones, Unit Manager

Facilities Intake Unit Licensure Unit

Agency for Health Care Administration Agency for Health Care Administration

Electronic Mail) Electronic Mail)

Katrina Derico - Harris Arlene Mayo— Davis, Field Office Manager

Medicaid Accounts Receivable Local Field Office

Agency for Health Care Administration Agency for Health Care Administration

Electronic Mail) Electronic Mail)

Shawn McCauley Daniel A. Johnson, Senior Attorney

Medicaid Contract Management Office of the General Counsel

Agency for Health Care Administration Agency for Health Care Administration

Electronic Mail) Electronic Mail)

Division of Administrative Hearings Dagmar Llaudy, Esquire

Electronic Mail) Law Office of Dagmar Llaudy, P. A.

814 Ponce De Leon Blvd, Suite 513

Coral Gables, Florida 33134

U. S. Mail)

NOTICE OF FLORIDA LAW

4Q8. 804 License required; display. --

1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers

or provides services that require licensure, without first obtaining from the agency a license authorizing

the provision of such services or the operation or maintenance of such provider.

2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address

that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not

be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the

licensee, provider, and location for which the license is issued.

408. 812 Unlicensed activity. --

1) A person or entity may not offer or advertise services that require licensure as defined by this part,

authorizing statutes, or applicable rules to the public without obtaining a valid license from the agency.

A licenseholder may not advertise or hold out to the public that he or she holds a license for other than

that for which he or she actually holds the license.

2) The operation or maintenance of an unlicensed provider or the performance of any services that

require licensure without proper licensure is a violation of this part and authorizing statutes. Unlicensed

activity constitutes harm that materially affects the health, safety, and welfare of clients. The agency or

any state attorney may, in addition to other remedies provided in this part, bring an action for an

injunction to restrain such violation, or to enjoin the future operation or maintenance of the unlicensed

provider or the performance of any services in violation of this part and authorizing statutes, until

compliance with this part, authorizing statutes, and agency rules has been demonstrated to the

satisfaction of the agency.

3) It is unlawful for any person or entity to own, operate, or maintain an unlicensed provider. If after

receiving notification from the agency, such person or entity fails to cease operation and apply for a

license under this part and authorizing statutes, the person or entity shall be subject to penalties as

prescribed by authorizing statutes and applicable rules. Each day of continued operation is a separate

offense.

4) Any person or entity that fails to cease operation after agency notification may be fined $ 1, 000 for

each day of noncompliance.

5) When a controlling interest or licensee has an interest in more than one provider and fails to license

a provider rendering services that require licensure, the agency may revoke all licenses and impose

actions under s. 408. 814 and a fine of $ 1, 000 per day, unless otherwise specified by authorizing statutes,

against each licensee until such time as the appropriate license is obtained for the unlicensed operation.

6) In addition to granting injunctive relief pursuant to subsection ( 2), if the agency determines that a

person or entity is operating or maintaining a provider without obtaining a license and determines that a

condition exists that poses a threat to the health, safety, or welfare of a client of the provider, the person

or entity is subject to the same actions and fines imposed against a licensee as specified in this part,

authorizing statutes, and agency rules.

7) Any person aware of the operation of an unlicensed provider must report that provider to the

agency.

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner,

vs. AHCA No.: 2014008789

Exemption No.: HCC 10956

MAGIC HANDS REHABILITATION CENTER,

INC.,

Respondent.

ADMINISTRATIVE COMPLAINT

COMES NOW, the Petitioner, State of Florida, Agency for Health Care Administration

the Agency "), by and through its undersigned counsel, and files this Administrative Complaint

against the Respondent, Magic Hands Rehabilitation Center, Inc. ( " the Respondent"), pursuant to

Section 120. 569 and 120. 57, Florida Statutes ( 2014), and alleges:

NATURE OF THE ACTION

This is an action to revoke the Respondent' s health care clinic Certificate of Exemption.

PARTIES

1. The Agency is the state agency that oversees the licensure and regulation of

health care clinics in Florida pursuant to Chapters 408, Part Il, and 400, Part X, Florida Statutes

2014); and Chapter 59A - 33, Florida Administrative Code. " The Legislature finds that the

regulation of health care clinics must be strengthened to prevent significant cost and harm to

consumers. The purpose of this part is to provide for the licensure, establishment, and

enforcement of basic standards for health care clinics and to provide administrative oversight by

the Agency for Health Care Administration." § 400. 990( 2), Fla. Stat. ( 2014).

2. The Respondent applied for and was issued a Certificate of Exemption to operate

a health care clinic located at 7392 NW 35th Terrace, Unit 310, Miami, Florida 33122.

EXHIBIT 1

Certificate of Exemation from Licensure for Health Care Clinics

3. Under Florida law, " clinic" means an entity where health care services are

provided to individuals and which tenders charges for reimbursement for such services,

including a mobile clinic and a portable equipment provider. Fla. Stat. § 400. 9905( 4) ( 2014).

4. Under Florida law, the term " clinic" does not apply to a sole proprietorship,

group practice, partnership, or corporation that provides health care services by licensed health

care practitioners under chapter 457, chapter 458, chapter 459, chapter 460, chapter 461, chapter

462, chapter 463, chapter 466, chapter 467, chapter 480, chapter 484, chapter 486, chapter 490,

chapter 491, or part 1, part III, part X, part XIII, or part XIV of chapter 468, or s. 464. 012, and

that is wholly owned by one or more licensed health care practitioners, or the licensed health

care practitioners set forth in this paragraph and the spouse, parent, child, or sibling of a licensed

health care practitioner if one of the owners who is a licensed health care practitioner is

supervising the business activities and is legally responsible for the entity' s compliance with all

federal and state laws. However, a health care practitioner may not supervise services beyond the

scope of the practitioner' s license, except that, for the purposes of this part, a clinic owned by a

licensee in s. 456. 053( 3)( b) which provides only services authorized pursuant to s. 456. 053( 3)( b)

may be supervised by a licensee specified in s. 456. 053( 3)( b). Fla. Stat. § 400. 9905( 4)( g)

2014). Such an entity may claim to be exempt from Licensure and may be eligible for a

Certificate of Exemption from the Agency.

5. Under Florida law, a facility becomes a " clinic" when it does not qualify for an

exemption, provides health care services to individuals and bills third party payers for those

services. F. A. C. 59A- 33. 006( 4).

Facts

6. On December 19, 2013, Respondent was issued a Certificate of Exemption from

licensure, number HCC 10956, based upon Respondent identifying itself as solely owned by

Peter J. Maffetone, a licensed health care practitioner.

7. On August 22, 2014, Peter J. Maffetone gave testimony during a recorded sworn

statement.

8. On that date, under oath, Peter J. Maffetone testified that he does not now, nor has

he ever owned or had a financial interest in Respondent, Magic Hands Rehabilitation Center, Inc.

9. Respondent does not qualify for a Certificate of Exemption due to the fact that

Peter J. Maffetone does not possess ownership.

Sanction

10. Under Florida Law, any person or entity providing health care services which is

not a clinic, as defined under Section 400. 9905, may voluntarily apply for a certificate of

exemption from licensure under its exempt status with the agency on a form that sets forth its

name or names and addresses, a statement of the reasons why it cannot be defined as a clinic, and

other information deemed necessary by the agency. § 400. 9935( 6), Fla. Stat. ( 2014).

11. Under Florida Law, the applicant for a certificate of exemption must affirm,

without reservation, the exemption sought pursuant to Section 400. 9905( 4), F. S., and the

qualifying requirements for obtaining and maintaining an exempt status; the current existence of

applicable exemption - qualifying health care practitioner licenses; qualified ownership, qualified

certifications or registration of the facility or owners; federal employer identification number;

services provided; proof of legal existence and fictitious name, when the entity and name are

required to be filed with the Division of Corporations, Department of State; plus other

satisfactory proof required by form adopted by this rule. F. A. C. 59A- 33. 006( 6).

12. Under Florida Law, facilities that claim an exemption, either by filing an

application for a certificate of exemption with the Agency and receiving a certificate of

exemption, or self - determining, must maintain an exempt status at all times the facility is in

operation. F. A. C. 59A- 33. 006( 2).

13. Under Florida Law, when a change to the exempt status occurs to an exempt

facility or entity that causes it to no longer qualify for an exemption, any exempt status claimed

or reflected in a certificate of exemption ceases on the date the facility or entity no longer

qualifies for a certificate of exemption. In such case, the health care clinic must file with the

Agency a license application under the Act within 5 days of becoming a health care clinic and

shall be subject to all provisions of the Act applicable to unlicensed health care clinics. Failure

to timely file an application for licensure within 5 days of becoming a health care clinic will

render the health care clinic unlicensed and subject the owners, medical or clinic directors and

the health care clinic to sanctions under the Act. F. A. C. 59A- 33. 006( 3).

14. As demonstrated by the facts outlined herein, Respondent no longer qualifies for a

Certificate of Exemption pursuant to § 400. 9905( 4)( g), Fla. Stat. ( 2014).

15. Therefore, Respondent is now required to be licensed as a clinic pursuant to

F. A. C. 59A- 33. 006 and Chapters 408, Part lI, and 400, Part X, Fla. Stat.

16. Under Section 400. 995, Florida Statutes, in addition to the requirements of Part II

of Chapter 408, the Agency may deny the application for a license renewal, revoke and suspend

the license, and impose administrative fines of up to $ 5, 000 per violation for violations of the

requirements of this part or rules of the agency. § 400. 995( 1), Fla. Stat. ( 2014). Each day of

continuing violation after the date fixed for termination of the violation, as ordered by the

agency, constitutes an additional, separate, and distinct violation. § 400. 995( 2), Fla. Stat. ( 2014).

17. Under Section 400. 9915( 2), Florida Statutes, in addition to any administrative

fines imposed pursuant to this part or Part II of Chapter 408, the Agency may assess a fee equal

to the cost of conducting a complaint investigation. § 400. 9915( 2), Fla. Stat. ( 2014).

WHEREFORE, the Agency seeks to revoke the Respondent' s health care clinic

Certificate of Exemption.

CLAIM FOR RELIEF

The Petitioner, State of Florida, Agency for Health Care Administration, respectfully

seeks a final order that:

A. Makes findings of fact and conclusions of law in favor of the Agency as set forth

above.

B. Imposing the sanctions and relief as set forth above.

iC

RESPECTFULLY SUBMITTED on this / d # y of September, 2014.

ffaniel 11 Johnson, Senior Attorney

Florida ' ar No. 0091175

Office _ the General Counsel

for Health Care Administration

2727 Mahan Drive, Mail Stop # 3

Tallahassee, Florida 32308

Telephone: ( 850) 412 - 3658

Facsimile: ( 850) 922 - 6484

Daniel. Johnson@ahea. myflorida. com

NOTICE OF RIGHTS

Pursuant to Section 120. 569, F. S., any party has the right to request an administrative

hearing by filing a request with the Agency Clerk. In order to obtain a formal hearing

before the Division of Administrative Hearings under Section 120. 57( 1), F. S., however, a

party must file a request for an administrative hearing that complies with the requirements

of Rule 28- 106. 2015, Florida Administrative Code. Specific options for administrative

action are set out in the attached Election of Rights form.

The Election of Rights form or request for hearing must be filed with the Agency Clerk for

the Agency for Health Care Administration within 21 days of the day the Administrative

Complaint was received. If the Election of Rights form or request for hearing is not timely

received by the Agency Clerk by 5: 00 p. m. Eastern Time on the 21st day, the right to a

hearing will be waived. A copy of the Election of Rights form or request for hearing must

also be sent to the attorney who issued the Administrative Complaint at his or her address.

The Election of Rights form shall be addressed to: Agency Clerk, Agency for Health Care

Administration, 2727 Mahan Drive, Mail Stop 3, Tallahassee, FL 32308; Telephone ( 850)

412 - 3630, Facsimile ( 850) 921 - 0158.

Any party who appears in any agency proceeding has the right, at his or her own expense,

to be accompanied, represented, and advised by counsel or other qualified representative.

Mediation under Section 124. 573, F. S., is available if the Agency agrees, and if available,

the pursuit of mediation will not adversely affect the right to administrative proceedings in

the event mediation does not result in a settlement.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the Administrative Complaint and

Election of Rights form were served to the persons named below by the method designated on

this % y day of September, 2014.

Magic Hands Rehabilitation Center, Inc. Tho s Jones, Unit Manager

7392 NW 35` h Terrace, Unit 310 Health Care Clinic Licensure Unit

Miami, Florida 33122 Agency for Health Care Administration

91 7199 9991 7033 2246 4276'.:: Electronic Mail)

Peter J. Maffetone, Registered Agent Peter J. Maffetone, Registered Agent

Magic Hands Rehabilitation Center, Inc. Magic Hands Rehabilitation Center, Inc.

3031 Lakeview Blvd. 7392 NW 35` x' Terrace, Unit 310

Delray Beach, Florida 33445 Miami, Florida 33122

91 7199 9991 7033 2246 4269 91 7199 9991 7033 2246 4245

Peter J. Maffetone, Registered Agent

Magic Hands Rehabilitation Center, Inc.

6300 South Dixie Highway, Suite 205

West Palm Beach, Florida 33405

91 7199 9991 7033 2246 4252

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

Re: Magic Hands Rehabilitation Center, Inc. AHCA No. 2014008789

ELECTION OF RIGHTS

This Election of Rights form is attached to an Administrative Complaint. The Election of

Rights form may be returned by mail or by facsimile transmission, but must be filed with

the Agency Clerk within 21 days by 5. 00 n m . Eastern Time, of the day that you received

the Administrative Complaint. If your Election of Rights form with your selected option

or request for hearing) is not timely received by the Agency Clerk, the right to an

administrative hearing to contest the proposed agency action will be waived and an adverse

Final Order will be issued. In addition, please send a copy of this form to the attorney of

record who issued the Administrative Complaint.

Please use this form unless you, your attorney or your qualified representative prefer to reply

according to Chapter120, Florida Statutes, and Chapter 28, Florida Administrative Code.) The

address for the Agency Clerk is:

Agency Clerk

Agency for Health Care Administration

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

Tallahassee, Florida 32308

Telephone: 850- 412 - 3630 Facsimile: 850- 921 - 0158

PLEASE SELECT ONLY 1 OF THESE 3 OPTIONS

OPTION ONE ( 1) I waive the right to a hearing to contest the allegations of fact

and conclusions of law contained in the Administrative Complaint. I understand that by

giving up my right to a hearing, a final order will be issued that adopts the proposed agency

action and imposes the fine, sanction or other agency action.

OPTION TWO ( 2) I admit the allegations of fact contained in the Administrative

Complaint, but wish to be heard at an informal hearing ( pursuant to Section 120. 57( 2),

Florida Statutes) where I may submit testimony and written evidence to the Agency to show that

the proposed administrative action is too severe or that the fine, sanction or other agency action

should be reduced.

OPTION THREE ( 3) I dispute the allegations of fact contained in the

Administrative Complaint and request a formal hearing ( pursuant to Section 120. 57( 1),

Florida Statutes) before an Administrative Law Judge appointed by the Division of

Administrative Hearings.

PLEASE NOTE: Choosing OPTION THREE ( 3), by itself, is NOT sufficient to obtain a

formal hearing. You also must file a written petition in order to obtain a formal hearing before

the Division of Administrative Hearings under Section 120. 57( 1), Florida ' Statutes. It must be

received by the Agency Clerk at the address above within 21 days of your receipt of this

proposed agency action. The request for formal hearing must conform to the requirements of

Rule 28- 106. 2015, Florida Administrative Code, which requires that it contain:

1. The name, address, telephone number, and facsimile number ( if any) of the Respondent.

2. The name, address, telephone number and facsimile number of the attorney or qualified

representative of the Respondent ( if any) upon whom service of pleadings and other papers shall

be made.

3. A statement requesting an administrative hearing identifying those material facts that are in

dispute. If there are none, the petition must so indicate.

4. A statement of when the respondent received notice of the administrative complaint.

5. A statement including the file number to the administrative complaint.

Licensee Name:

Contact Person: Title:

Address:

Number and Street City Zip Code

Telephone No. Fax No.

E - Mail

I hereby certify that I am duly authorized to submit this Election of Rights to the Agency for

Health Care Administration on behalf of the licensee referred to above.

Signed: Date:

Print Name: Title:

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner,

V. DOAH Case No.: 14 - 5044

AHCA No.: 2014008789

MAGIC HANDS REHABILITATION

CENTER, INC.,

Respondent.

SETTLEMENT AGREEMENT

Petitioner, State of Florida, Agency for Health Care Administration ( hereinafter the

Agency "), through its undersigned representatives, and Respondent, Magic Hands

Rehabilitation Center, Inc. ( 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 was issued a health care clinic Certificate of Exemption

pursuant to Chapter 400, Part X, Fla. Stat. ( 2014), and Chapter 59A - 33, Fla. Admin. Code; and

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

authority over Respondent; and

WHEREAS, the Agency served the Respondent with an administrative complaint dated

September 19, 2014, notifying the party of the Agency' s intent to revoke the Respondent' s health

care clinic Certificate of Exemption pursuant to Chapters 408, Part II, Sections 400. 9905,

400. 995, 400. 9915 and 400. 9935, Fla. Stat. ( 2014) and R. 59A- 33. 006, Fla. Admin. Code;

EXHIBIT 2

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 consideration 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

findings of the parties.

3. Upon full execution of this Agreement, Respondent agrees to withdraw its request

for an administrative proceeding; agrees to waive any and all proceedings and appeals to which it

may be entitled including, but not limited to, an informal proceeding under Subsection

120. 57( 2), a 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 Respondent' s certificate of exemption is voluntarily surrendered. The

Respondent will return the certificate to the Licensure Unit upon receipt of

the Final Order adopting this Agreement.

b. The Agency will withdraw the Administrative Complaint.

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 administrative complaint. Nothing in either the

Administrative Complaint or the Settlement Agreement herein shall be construed to be

retroactive in nature. 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 administrative complaint.

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( s).

8. Each party shall bear its own costs and attorney' s fees.

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

by all the parties and the Certificate of Exemption surrendered.

10. 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 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 Respondent or related or resulting organizations.

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

aforementioned paragraph of this Agreement.

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

bind their respective principals to it. Respondent has the capacity to execute this Agreement.

Respondent understands that it has the right to consult with counsel and has either consulted with

counsel or has knowingly and freely entered into this Agreement without exercising its right to

consult with counsel. Respondent affirms that Respondent understands counsel for the Agency

represents solely the Agency and Agency counsel has not provided legal advice to or influenced

Respondent in its decision to enter into this Agreement.

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

actions alleged in the administrative complaint 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.

14. This Agreement contains the entire understandings and agreements of the parties.

15. 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.

16. All parties agree that a facsimile signature suffices for an original signature.

17. The following representatives hereby acknowledge that they are duly authorized

to enter into this Agreement.

Molly ItWinst ", eputy Secretary Dagmar Llaudy

Health Quality Assurance Law Office of' Dagmar Llaudy, P. A.

Agency for Health Care Administration 814 Ponce De Leon Blvd, Suite 513

2727 Mahan Drive Coral Gables, Florida 33134 134

Tallahassee, Florida 32308 Counsel. fbr Respondent

DATED: DATED:

5t' uart' FWilliams

General Counsel Assist an al Counsel unse

Agency for Health Care Administration Agency 0 ! Flea th C e Administration

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

Tallahassee, Florida 323 8 Tallahassee, Florida 32308

DATED: DATED: 1, ' e, / I j