15-001748 Agency For Health Care Administration vs. Amerimed Diagnostic Services, Inc.
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 10, 2015.


View Dockets  

1STATE OF FLORIDA AHCA K

6AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY CLF

13IS P 12: 14

17STATE OF FLORIDA, AGENCY FOR 2015 JUN

24HEALTH CARE ADMINISTRATION,

27Petitioner,

28Case No. 15- 1748

32V. AHCA No. 2014012157

36RENIDII ION NO.- AIIC/ i- OLC

42AMERIMED DIAGNOSTIC SERVICES,

45INC.,

46Respondent.

47FINAL ORDER

49Having reviewed the Administrative Complaint, and all other matters of record, the Agency for

63Health Care Administration finds and concludes as follows:

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

85the Respondent. ( Ex. 1) The parties have since entered into the attached Settlement Agreement, which

101is adopted and incorporated by reference into this Final Order. ( Ex. 2)

1142. The Respondent shall pay the Agency $ 20, 00. 000. If full payment has been made, the

132cancelled check acts as receipt of payment and no further payment is required. If full payment has not

150been made, payment is due and payable by August 15, 2016, which is the date that Respondent' s current

169license expires. Overdue amounts are subject to statutory interest and may be referred to collections. A

185check made payable to the " Agency for Health Care Administration" and containing the AHCA ten- digit

201case number should be sent to:

207Central Intake Unit

210Agency for Health Care Administration

2152727 Mahan Drive, Mail Stop 61

221Tallahassee, Florida 32308

224ORDERED at Tallahassee, Florida, on this day of 12015.

233e Secretary

235Yfor th Care Administration

239NOTICE OF RIGHT TO JUDICIAL REVIEW

245A party who is adversely affected by this Final Order is entitled to judicial review, which shall be

263instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy,

283along with filing fee as prescribed by law, with the District Court of Appeal in the appellate district

301where the Agency maintains its headquarters or where a party resides. Review of proceedings shall be

317conducted in accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30

334days of rendition of the order to be reviewed.

343CERTIFICATE OF SERVICE

346I CERTIFY that a true and correct c of this Final Order was served on the below- named

364persons by the method designated on this ay o 12015.

374Richard J. oop, Agency Clerk

379Agency for Health Care Administration

3842727 Mahan Drive, Mail Stop 3

390Tallahassee, Florida 32308

393Telephone: ( 850) 412- 3630

398Facilities Intake Unit Central Intake Unit

404Agency for Health Care Administration Agency for Health Care Administration

414Electronic Mail) Electronic Mail)

418Daniel A. Johnson, Senior Attorney Amerimed Diagnostic Services, Inc.

427Office of the General Counsel 500 W. Martin Luther King Jr. Blvd.

439Agency for Health Care Administration Tampa, Florida 33603

447Electronic Mail) U. S. Mail)

452Division of Administrative Hearings David W. Lipscomb, Esq.

460Electronic Mail) David Lipscomb, P. A.

46613907 N. Dale Mabry Hwy., Suite 204

473Tampa, Florida 33618

476U. S. Mail)

479STATE OF FLORIDA

482AGENCY FOR HEALTH CARE ADMINISTRATION

487STATE OF FLORIDA, AGENCY FOR

492HEALTH CARE ADMINISTRATION,

495Petitioner,

496V. AHCA No. 2014012157

500License No. HCC3985

503AMERIMED DIAGNOSTIC SERVICES, File No. 2509

509INC., License Type: Health Care Clinic

515Respondent.

516ADMINISTRATIVE COMPLAINT

518COMES NOW, the Petitioner, State of Florida, Agency for Health Care Administration

530the Agency"), by and through its undersigned counsel, and files this Administrative Complaint

544against the Respondent, Amerimed Diagnostic Services, Inc. (" the Respondent"), pursuant to

557Section 120. 569 and 120. 57, Florida Statutes ( 2014), and alleges:

569NATURE OF THE ACTION

5731. This is an action to impose an administrative fine of thirty thousand dollars

58730, 000) against Respondent and to revoke the Respondent' s health care clinic license based

602upon Respondent' s operation of two unlicensed clinics concurrent to its operation of two

616licensed clinics.

618PARTIES

6192. The Agency is the state agency that oversees the licensure and regulation of

633health care clinics in Florida pursuant to Chapters 408, Part II, and 400, Part X, Florida Statutes

6502014); and Chapter 59A- 33, Florida Administrative Code. The Legislature finds that the

663regulation of health care clinics must be strengthened to prevent significant cost and harm to

678XHISIf i

680consumers. The purpose of this part is to provide for the licensure, establishment, and

694enforcement of basic standards for health care clinics and to provide administrative oversight by

708the Agency for Health Care Administration." § 400. 2), 990( Fla. Stat. ( 2014).

7223. The Respondent was issued a license by the Agency to operate a health care clinic

738located at 500 W. Martin Luther King Blvd., Tampa, Florida 33603, and was required to comply

754with the applicable state statutes and rules.

7614. For approximately two years, in addition to and simultaneous to the operation of

775its licensed clinics, Respondent operated two unlicensed health care clinics: one in Miami,

788Florida, and one in Altamonte Springs, Florida.

795COUNTI

7965. The Agency re- alleges and incorporates paragraphs one ( 1) through four ( 4) as

812though fully set forth, and further alleges the following.

8216. That pursuant to Florida law, " clinic" means "( 4) . . . an entity at which health

839care services are provided to individuals and which tenders charges for reimbursement for such

853services Section 400. 4), 9905( Fla. Stat. ( 2014).

8627. That pursuant to Florida law:

868408. 804 License required; display.-

8731) It is unlawful to provide services that require

882licensure, or operate or maintain a provider that offers or provides

893services that require licensure, without first obtaining from the

902agency a license authorizing the provision of such services or the

913operation or maintenance of such provider.

9192) A license must be displayed in a conspicuous place

929readily visible to clients who enter at the address that appears on

941the license and is valid only in the hands of the licensee to whom it

956is issued and may not be sold, assigned, or otherwise transferred,

967voluntarily or involuntarily. The license is valid only for the

977licensee, provider, and location for which the license is issued.

987Section 408. 804, Fla. Stat. ( 2014).

9948. That pursuant to Rule 59A- 006, 33. Florida Administrative Code, in pertinent part:

10083) In such case, the health care clinic must file

1018with the Agency a license application under the Act within 5 days

1030of becoming a health care clinic and shall be subject to all

1042provisions of the Act applicable to unlicensed health care clinics.

1052Failure to timely file an application for licensure within 5 days of

1064becoming a health care clinic will render the health care clinic

1075unlicensed and subject the owners, medical or clinic directors and

1085the health care clinic to sanctions under the Act.

10944) A facility becomes a " clinic" as defined in Section

1104400. 4), 9905( F. S., when it does not qualify for an exemption,

1117provides health care services to individuals and bills third party

1127payers for those services.

11319. That further pursuant to Florida law:

1138408. 812 Unlicensed activity.-

11421) A person or entity may not offer or advertise services

1153that require licensure , as defined by this part, authorizing statutes, or

1164applicable rules to the public without obtaining a valid license from

1175the agency. A licenseholder may not advertise or hold out to the

1187public that he or she holds a license for other than that for which he

1202or she actually holds the license.

12082) The operation or maintenance of an unlicensed

1216provider or the performance of any services that require licensure

1226without proper licensure is a violation of this part and authorizing

1237statutes. Unlicensed activity constitutes harm that materially affects

1245the health, safety, and welfare of clients. The agency or any state

1257attorney may, in addition to other remedies provided in this part,

1268bring an action for an injunction to restrain such violation, or to

1280enjoin the future operation or maintenance of the unlicensed

1289provider or the performance of any services in violation of this part

1301and authorizing statutes, until compliance with this part, authorizing

1310statutes, and agency rules has been demonstrated to the satisfaction

1320of the agency.

13233) It is unlawful for any person or entity to own, operate,

1335or maintain an unlicensed provider. If after receiving notification

1344from the agency, such person or entity fails to cease operation and

1356apply for a license under this part and authorizing statutes, the

1367person or entity shall be subject to penalties as prescribed by

1378authorizing statutes and applicable rules. Each day of continued

1387operation is a separate offense.

13924) Any person or entity that fails to cease operation after

1403agency notification may be fined 1, 000 for each day of

1414noncompliance.

14155) When a controlling interest or licensee has an interest

1425in more than one provider and fails to license a provider rendering

1437services that require licensure, the agency may revoke all licenses

1447and impose actions under s. 408. 814 and a fine of $ 1, 000 per day,

1463unless otherwise specified by authorizing statutes, against each

1471licensee until such time as the appropriate license is obtained for the

1483unlicensed operation.

14856) In addition to granting injunctive relief pursuant to

1494subsection ( 2), if the agency determines that a person or entity is

1507operating or maintaining a provider without obtaining a license and

1517determines that a condition exists that poses a threat to the health,

1529safety, or welfare of a client of the provider, the person or entity is

1543subject to the same actions and fines imposed against a licensee as

1555specified in this part, authorizing statutes, and agency rules.

15647) Any person aware of the operation of an unlicensed

1574provider must report that provider to the agency.

1582Section 408. 812, Florida Statutes ( 2014).

158910. Further pursuant to Florida law:

1595400. 991 License requirements; background screenings;

1601prohibitions.-

16021)( a) The requirements of part II of chapter 408 apply to

1614the provision of services that require licensure pursuant to this part

1625and part 11 of chapter 408 and to entities licensed by or applying

1638for such licensure from the agency pursuant to this part. A license

1650issued by the agency is required in order to operate a clinic in this

1664state. Each clinic location shall be licensed separately regardless of

1674whether the clinic is operated under the same business name or

1685management as another clinic.

1689Section 400. 1)( 991( a), Florida Statutes ( 2014).

169811. That pursuant to Florida law:

1704400. 995 Agency administrative penalties.-

17091) In addition to the requirements of part II of chapter

1720408, the agency may deny the application for a license renewal,

1731revoke and suspend the license, and impose administrative fines of

1741up to $ 5, 000 per violation for violations of the requirements of this

1755part or rules of the agency.

17614) Any licensed clinic whose owner, medical director, or

1770clinic director concurrently operates an unlicensed clinic shall be

1779subject to an administrative fine of $ 5, 000 per day.

1790Section 400. 1), ( 995( 4), Florida Statutes ( 2014).

180012. That further pursuant to Florida law, a] n applicant must demonstrate

1812compliance with the requirements in this part, authorizing statutes, and applicable rules during an

1826inspection pursuant to s. 408. 811, as required by authorizing statutes." Section 408. 7)( 806( a),

1842Florida Statutes ( 2014).

184613. As of April 2014, and at all relevant times thereafter, Respondent held 2 active

1861health care clinic licenses issued by the Agency. One of Respondent' s clinics was licensed in

18772004 and the other in April 2014.

1884Unlicensed Clinic in Miami. Florida

188914. On August 26, 2014, the Agency conducted a complaint investigation of

1901Respondent' s unlicensed health care clinic being operated at 13155 SW 42 n1 Street, Suite 104,

1917Miami, Florida 33175. The allegation of unlicensed activity was substantiated.

192715. On August 26, 2014, at approximately 10: 25 A. M., at the Miami location, the

1943Agency surveyor interviewed Respondent' s Administrator wherein it was determined that

1954Respondent failed to apply for a license to operate the health care clinic. During the interview

1970with Respondent' s Administrator, it was determined that Respondent' s unlicensed health care

1983clinic in Miami had been providing services for approximately two years.

199416. On August 27, 2014, the Agency delivered a cease and desist letter to

2008Respondent' s unlicensed Miami health care clinic.

2015Unlicensed Clinic in Altamonte Springs, Florida

202117. On July 8, 2014, the Agency received an application for licensure from

2034Respondent for a health care clinic at 251 Maitland Ave., Suite 116, Altamonte Springs, Florida

204932701.

205018. On September 4, 2014, the Agency started an initial survey, which was continued

2064on September 23- 25 and September 29- 30, in which it determined that Respondent had been

2080engaged in unlicensed activity at this health care clinic. This determination was based on

2094interview and record review.

209819. On September 4, 2014, at approximately 12: 15 P. M., the Agency surveyor

2112interviewed Respondent' s Chief Operations Officer and the Office Manager, who validated that

2125the facility did not have an active health care clinic license.

213620. On September 4, 2014, the surveyor reviewed records dated August 19, 2014,

2149which demonstrated that a Massage Establishment inspection was conducted by the State of

2162Florida, Department of Health Investigative Services, which reflected the name and license

2174number of a " person employed."

217921. On September 5, 2014, Respondent purported to cease providing services to

2191patients at its unlicensed Altamonte Springs health care clinic.

220022. On September 23, 2014, at approximately 11: 35 A. M., the Respondent' s Office

2215Manager was interviewed, who informed the surveyor that only two massage therapists worked

2228at Respondent' s unlicensed Altamonte Springs health care clinic.

223723. On September 23, 2014, at approximately 11: 37 A. M., the surveyor interviewed

2251Staff A, a massage therapist, who stated he began working for Respondent in November 2012.

2266Staff A provided a copy of " patient logs" from September 2, 2014, through September 22, 2014.

228224. On September 23, 2014, at approximately 1: 05 P. M., the surveyor interviewed

2296Staff B, a massage therapist, who stated she began working for the establishment around " late

2311December 2013 or early January 2014."

231725. Respondent continued to operate its unlicensed health care clinic at the Altamonte

2330Springs location after being served with a cease and desist letter related to its unlicensed health

2346care clinic in Miami.

235026. Operation of two unlicensed clinics for approximately two years subjects the

2362Respondent to a daily fine during any period of unlicensed activity. Sections 408. 812, 408. 813

2378and 400. 995, Florida Statutes ( 2014).

238527. An appropriate fine for unlicensed operation of two health care clinics for

2398approximately two years, beginning in 2012 and ending in 2014, is thirty thousand dollars

241230, 000), which is an amount far below the allowable five thousand dollars ($ 5, 000) per day.

2430Further, due to the facts set forth above, revocation of Respondent' s license to operate this health

2447care clinic is appropriate.

2451WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration,

2462seeks to impose an administrative fine of $ 30, 00 000. against Respondent and revoke the

2478Respondent' s license to operate this health care clinic.

2487RESPECTFULLY SUBMITTED this 28th_ day of January, 2015.

2495A. Jo* on, Senior Attorney

2500Florida Bar N . 0091175

2505Office of the General Counsel

2510Agency for Health Care Administration

25152727 Mahan Drive, Mail Stop # 3

2522Tallahassee, Florida 32308

2525Telephone: ( 850) 412- 3658

2530Facsimile: ( 850) 922- 6484

2535Daniel. myflorida. Johnson@ahca. com

2539NOTICE OF RIGHTS

2542Pursuant to Section 120. 569, F. S., any party has the right to request an administrative

2558hearing by filing a request with the Agency Clerk. In order to obtain a formal hearing

2574before the Division of Administrative Hearings under Section 120. 1), 57( F. S., however, a

2589party must file a request for an administrative hearing that complies with the requirements

2603of Rule 28- 2015, 106. Florida Administrative Code. Specific options for administrative

2615action are set out in the attached Election of Rights form.

2626The Election of Rights form or request for hearing must be filed with the Agency Clerk for

2643the Agency for Health Care Administration within 21 days of the day the Administrative

2657Complaint was received. If the Election of Rights form or request for hearing is not timely

2673received by the Agency Clerk by 5: 00 p. m. Eastern Time on the 21st day, the right to a

2693hearing will be waived. A copy of the Election of Rights form or request for hearing must

2710also be sent to the attorney who issued the Administrative Complaint at his or her address.

2726The Election of Rights form shall be addressed to: Agency Clerk, Agency for Health Care

2741Administration, 2727 Mahan Drive, Mail Stop 3, Tallahassee, FL 32308; Telephone ( 850)

2754412- 3630, Facsimile ( 850) 921- 0158.

2761Any party who appears in any agency proceeding has the right, at his or her own expense,

2778to be accompanied, represented, and advised by counsel or other qualified representative.

2790Mediation under Section 120. 573, F. S., is available if the Agency agrees, and if available,

2806the pursuit of mediation will not adversely affect the right to administrative proceedings in

2820the event mediation does not result in a settlement.

2829CERTIFICATE OF SERVICE

2832I HEREBY CERTIFY that a true and correct copy of the Administrative Complaint and

2846Election of Rights form were served to the persons named below by the method designated on

2862this 28d' day of January, 2015.

286871 j

2870j Da- 1 A!. i Jphnson, Esquire

2877Harvey S. Bishow, Medical Director Spiegel & Utrera, P. A., Registered Agent

2889Amerimed Diagnostic Services, Inc. 110 SW 22nd St., 4th Floor

2899500 W. Martin Luther King Blvd. Miami, Florida 33145

2908Tampa, Florida 33603 Certified Mail # 9171082133393763107264)

2915Certified Mail # 9171082133393763107271) 91 7108 2133 3937 6310 7264

292591 7108 2133 3937 6310 7271

2931Pat Caufman, Field Office Manager Thomas Jones, Unit Manager

2940Region 6 Field Office Health Care Clinic Licensure Unit

2949Agency for Health Care Administration Agency for Health Care Administration

2959Electronic Mail) Electronic Mail)

2963STATE OF FLORIDA

2966AGENCY FOR HEALTH CARE ADMINISTRATION

2971Re: Amerimed Diagnostic Services, Inc. AHCA No. 2014012157

2979ELECTION OF RIGHTS

2982This Election of Rights form is attached to an Administrative Complaint. The Election of

2996Rights form may be returned by mail or by facsimile transmission, but must be filed with

3012the Agency Clerk within 21 days by 5: 00 p. m., Eastern Time, of the day that you received

3031the Administrative Complaint. If your Election of Rights form with your selected option

3044or request for hearing) is not timely received by the Agency Clerk, the right to an

3060administrative hearing to contest the proposed agency action will be waived and an adverse

3074Final Order will be issued. In addition, please send a copy of this form to the attorney of

3092record who issued the Administrative Complaint.

3098Please use this form unless you, your attorney or your qualified representative prefer to reply

3113according to Chapter120, Florida Statutes, and Chapter 28, Florida Administrative Code.) The

3125address for the Agency Clerk is:

3131Agency Clerk

3133Agency for Health Care Administration

31382727 Mahan Drive, Building # 3, Mail Stop # 3

3148Tallahassee, Florida 32308

3151Telephone: 850- 3630 412- Facsimile: 850- 0158 921-

3159PLEASE SELECT ONLY 1 OF THESE 3 OPTIONS

3167OPTION ONE ( 1) I waive the right to a hearing to contest the allegations of fact

3184and conclusions of law contained in the Administrative Complaint. I understand that by

3197giving up my right to a hearing, a final order will be issued that adopts the proposed agency

3215action and imposes the fine, sanction or other agency action.

3225OPTION TWO ( 2) I admit the allegations of fact contained in the Administrative

3239Complaint, but wish to be heard at an informal hearing ( pursuant to Section 120. 2), 57(

3256Florida Statutes) where I may submit testimony and written evidence to the Agency to show that

3272the proposed administrative action is too severe or that the fine, sanction or other agency action

3288should be reduced.

3291OPTION THREE ( 3) I dispute the allegations of fact contained in the

3304Administrative Complaint and request a formal hearing ( pursuant to Section 120. 1), 57(

3318Florida Statutes) before an Administrative Law Judge appointed by the Division of

3330Administrative Hearings.

3332PLEASE NOTE: Choosing OPTION THREE ( 3), by itself, is NOT sufficient to obtain a

3347formal hearing. You also must file a written petition in order to obtain a formal hearing before

3364the Division of Administrative Hearings under Section 120. 1), 57( Florida Statutes. It must be

3379received by the Agency Clerk at the address above within 21 days of your receipt of this

3396proposed agency action. The request for formal hearing must conform to the requirements of

3410Rule 28- 2015, 106. Florida Administrative Code, which requires that it contain:

34221. The name, address, telephone number, and facsimile number ( if any) of the Respondent.

34372. The name, address, telephone number and facsimile number of the attorney or qualified

3451representative of the Respondent ( if any) upon whom service of pleadings and other papers shall

3467be made.

34693. A statement requesting an administrative hearing identifying those material facts that are in

3483dispute. If there are none, the petition must so indicate.

34934. A statement of when the respondent received notice of the administrative complaint.

35065. A statement including the file number to the administrative complaint.

3517Licensee Name:

3519Contact Person: Title:

3522Address:

3523Number and Street City Zip Code

3529Telephone No. Fax No.

3533E- Mail

3535I hereby certify that I am duly authorized to submit this Election of Rights to the Agency for

3553Health Care Administration on behalf of the licensee referred to above.

3564Signed: Date:

3566Print Name: Title:

3569STATE OF FLORIDA

3572AGENCY FOR HEALTH CARE ADMINISTRATION

3577STATE OF FLORIDA, AGENCY FOR

3582HEALTH CARE ADMINISTRATION,

3585Petitioner,

3586Case No. 5. 174

3590V. AHCA No. 2414012159

3594AMERIl3 IED DIAGNOSTIC SLRVICES,

3598INC.,

3599Respondent.

3600J

3601SETTLE NT A EMENT

3605Petitioner, State of Florida, Agency for Health Care Administration ( Hereinafter the

3617Agency'), through its undersigned representafives. and Respondent., , merirn d Diagnostic

3627Ser-,, ices, Inc. ( hereinafter e` espondent'~, R. pursuant to Section 120. 4), 457( Florida Statutes, each

3644individually, a " part=," collectively as " parties," herebx,, enter into this Settlement Agreement

3656Agreement") and agree as follows:

3662WHEREAS, the Respondent is a Health Care Clinic licensed pursuant to Chapters 408,

3675Pan 11, and 400, Part X, Fla. Scat,., and Chapter 59A- 33, Fla. Admin. Code; and

3692WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing

3705authority over Respondent, and

3709WHEREAS, the Agency served ' the Respondent with an administrative complaint in the

3722above- styled matter notifying the Respondent of its intent to revoke the Respondent° s health care

3738clinic license, number HCC3985, and impose a tine of thirty thousand dollars ($ 330, 1 000)- md

3755WHEREAS, the Respondent requested a formal administm ive hearing by filing are

3767election of rights form. and petition; and

3774EXHIBIT 2

3776WHEREAS, the Respondent has informed the geticv that Respondent' s facliw at

37881 ~ l 55 Ski 42" d Street, Suite 104. Miami. Florida ° 73175 is no : ott er being care- gyred: and

3811WHEREAS, the Respondent has informed the Agency, that Respondent" s facility at ' 51

3825fiaitland Ave.. Suite 116. Altamonte Springs, Florida 312701 is no longer. being operated. acid

3839NN HEREAS. the parties have agreed that a fair. efficient.. and cost effective resolution of

3854this dispute would avoid the expenditure of substantial siitns to litigate the dispute and

3868WHEREAS, the parties stirulate to the adequacy of considerations exchanged; and

3879WHEREAS, the partie-. hi', e The gotiated in food faith and agreed that the best interest of

3896all the parties will be served by a settlement o' is roceedin : and

3910NOW THEREFORE, in consideration of the mutual promises and recitals herein,, the

3922parties intending, to be legally hound, agree as follows:

39311. All recitals are true and correct and are expressly incorporated

3942Both parties agree that the ", Ache as" clauses incorporated herein are bin i t; Z

3957findings of the parties.

39613. Upon full execution of this Agreement. Respondent agrees to a withdrawal of its

3975request for an administrative proceeding; to waive arty, and all proceedings and ~ ippeals to

3990which it may be entitled including.; but not limited to, an informal proceeding under Subsection

4005120. 2), 57( a formal proceeding under Subsection. 120. 5 7 ( 1), appeals under Section 120. 68,

4023Florida Statutes; and declaratory, and all writs of relief in any court or quasi- court ( OAH) of

4041cornpetent jurisdiction; and further agrees to waive compliance with the farm of the Final Order

4056findings of fact and conclusions of law) to which it may be entitled. Provided, however, that no

4073agreement her6n, shall be deemed a waiver by either party of its right to judicial enforcement of

4090lxis : A- eement.

40944, l- poll full Ckll:.?? si1 It' of fhlS CClil<' tl°,="" t'="" te="" pa="" t="" t="" .="" y,="" a="" ;.~...="" 1i1,.'="" s.._.="" .="" '="">

4104fine iti the sure of iw° enty thousand dollars CS 01.) 00 ) 0, shall be imposed upon the s 1tier

4125The fine shall be due and payable- from the Respondent to the koency no later than August- 15.

414310l6 AN tick is the date that Respondent' s curler:

4153Respondent shall retain its health c- ar. rvl; license, number HCC3%". and the

4167Agency shall not revoke said license as a result of this action.

41796. Venue for any action brougl a to At~ tt r~~ re`, challet. ge, or enforce the teens of this

4199Agreement or the Final Order entered p -,,, uar l] 4 .~ i, ~ hr; tl .: e: soiel, y in the Circuit Court in Leor

4225County, Florida.

42277. By executing this Agreement, the Respondent neither admits nor denies the fio,- t<>

4242and legal conclusions raised in the Administrative Complain- 1 referenced hereim and the Ages.> cv

4257asserts the validity thereof, The Agcal~ is not preclu&! rising the subject events for WIN,

4272purpose within the jurisdiczllon of the Agency, anther. Pe pondent acknowledges and agrees

4285that this Agreement shall not preclude or estop any other federal, state or local agency,, or office:

4302n- om pursuing any cause of action or taking any action?, even if based on or arising from in

4321whole or in part, the facts raised in the Administrative Complaint:.

4332Upon fall execution of this Agreement, the Agency shall enter a Final Order

4345adapting and incorporating the terms of this Agreement and closing the above- styled case( s),.

43619, Each party shall bear its own oasts and attorney" s tees.

437310. This Agreement shall become effective on the date upon which it is fully executed

4388by all the parties.

4392IL The Respondent, for itself and for its related or resulting organizations, its

4405successors or transferees, attorneys, heirs, and executors or administrators, does bereby discharge

4417the: Agency. and Its agents, and a ton- lei s of " IT' d from all claim - uk' 3 ~ i21~: 5,

4439actions, causes o fiction, suits, losses. mid expenses, of any an every Cl:' 3" , lt' S

4455vvI' tatsoQver, arising, out of or in any' way related to xs m ttei and they AgeniQy' s a' . t" I4r

4477iacludijig, but not 1imrmited to, an that. were or m ay° be asserted in any federal or state court

4496or administrative forum, including any claims arising out of this Agreement, by or on belmalf' ref

4512the Petitioner or related or resulting organizations.

4519This Agreement is binding upon all parties herein and those identified in time

4532a. foremrentione paragraph of this Agre- einent.

4539x,, The undersigned have read and understand this Agreement and have authority lu

4552bind thl, respective principals to it. Respondent has the capacity to execute this Agreement.

4566Respondent tmderstands that it ha, the right to consult with counsel and has, either consulted with

4582counsel or has knowingly and. freely enture: d into this Agreement Without e;. urc sing its right to

4601C011su' t with counsel. Respondent affirms that Responde Dt understands counsel for the Agtn~:

4615represents solely the Agency and Agency coutmsel has not provided legal advice to or influenced

4630Respondent in its decision to, enter into this Agre; emeni.

464014, In the event that Respondent was a. Medicaid provider at the subject time of time

4656actions alleged in the Administrative Complaint referenced herein, this Agreement does not

4668issues or from

4671prevent the Agency from, seeping Medicaid overpayments related to the subject

4682Code. This

4684imposing any sanctions pursuant to Rule 59G- 07O.. . 9. Florida . Adrninistrativc

4697Agreement does not settles any federal issues pending against Respondent,

470715. Respondent agrees that if any funds to be paid under this agreement to the Agency

4723the

4724are not paid when due, the Agency may deduct the amounts assessed against Respondent in

4739Final Order. or any portion thereof, owed by Respondent to the Agency from any present or

4755x` uture funds owed to Respondent f ^ by s 9vtie arid thit llic, A,- Di it s1} all hold a 6..? i

4779la? esew a, and future funds owed to R4 ~ p y et G by the Agency for & W amounts until paid.

480216. This AgeTeement contain4 the entire understandings and agreements of' t1w parties.

481417. This Agreement supersedes any prior oral or writteii agreements between the

4826parties, This Agreement may not he amended cxck211 0- t rlting. An , attempted asst rannent of

4842this Agreement shall he void.

48478, All parties agree: that a facsimile signatum suf' ic,~ f" s for an original signature.

4864ia. The following representatives hereby ackriov led4~. r that they are dul,

4876to enter into this Agreement.

4881j

4882T

4883Mc ns ry, Deputy Secretary Carmen Fernandez;

4890iHt~ h Q Assurance Amerirmled D7 Xa- aosti~: Services, inc.

4900gene f tr• 14ealth Care Administration 500 Wj Martin i l > rida Luther . ti60 Klaulr. Blvd.

491821, 27 Mahan Drive Tarnp<>

4923Tallahassee, Florida a~ i8 3{

4928DATED: h~ i I s

4933f,

4934Stuart F, Williams, General C owml D" A anie 3' 4 attor, Assistant Administration General Counsel

4950Agency for Health Care Administration Agency 2727 M for/ to Realth Care Mail Stop

496427 27 Mahan Drive, Mail Step 3 Drive, 32310

4973Tallahassee, Florida 323{ 8 Tallalasiee, Florida

4979J

4980DATED: DATED. Eg

4983S

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PDF
Date
Proceedings
PDF:
Date: 06/16/2015
Proceedings: Agency Final Order filed.
PDF:
Date: 06/15/2015
Proceedings: Agency Final Order
PDF:
Date: 06/02/2015
Proceedings: Agency Final Order
PDF:
Date: 06/02/2015
Proceedings: Settlement Agreement filed.
PDF:
Date: 06/02/2015
Proceedings: Agency Final Order filed.
PDF:
Date: 04/10/2015
Proceedings: Order Granting Motion to Relinquish. CASE CLOSED.
PDF:
Date: 04/09/2015
Proceedings: (Petitioner's) Stipulated Motion to Relinquish Jurisdiction filed.
PDF:
Date: 04/07/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 04/07/2015
Proceedings: Notice of Hearing by Video Teleconference (hearing set for May 20, 2015; 9:00 a.m.; Tampa and Tallahassee, FL).
PDF:
Date: 04/01/2015
Proceedings: Order of Consolidation (DOAH Case Nos. 15-1748 and 15-1749).
PDF:
Date: 04/01/2015
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 03/27/2015
Proceedings: Initial Order.
PDF:
Date: 03/26/2015
Proceedings: Administrative Complaint filed.
PDF:
Date: 03/26/2015
Proceedings: Notice of Election of Rights and Written Petition requesting Formal Hearing on Administrative Complaint filed.
PDF:
Date: 03/26/2015
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
LYNNE A. QUIMBY-PENNOCK
Date Filed:
03/26/2015
Date Assignment:
03/27/2015
Last Docket Entry:
06/16/2015
Location:
Tampa, Florida
District:
Middle
Agency:
Other
 

Counsels

Related Florida Statute(s) (5):