15-001749 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.

STATE OF FLORIDA AHCA K

AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY CLF

IS P 12: 14

STATE OF FLORIDA, AGENCY FOR 2015 JUN

HEALTH CARE ADMINISTRATION,

Petitioner,

Case No. 15- 1748

V. AHCA No. 2014012157

RENIDII ION NO.- AIIC/ i- OLC

AMERIMED DIAGNOSTIC SERVICES,

INC.,

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 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, which

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

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

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

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

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

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

case number should be sent to:

Central Intake Unit

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 61

Tallahassee, Florida 32308

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

e Secretary

Yfor th 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 c of this Final Order was served on the below- named

persons by the method designated on this ay o 12015.

Richard J. oop, Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

Telephone: ( 850) 412- 3630

Facilities Intake Unit Central Intake Unit

Agency for Health Care Administration Agency for Health Care Administration

Electronic Mail) Electronic Mail)

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

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

Agency for Health Care Administration Tampa, Florida 33603

Electronic Mail) U. S. Mail)

Division of Administrative Hearings David W. Lipscomb, Esq.

Electronic Mail) David Lipscomb, P. A.

13907 N. Dale Mabry Hwy., Suite 204

Tampa, Florida 33618

U. S. Mail)

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner,

V. AHCA No. 2014012157

License No. HCC3985

AMERIMED DIAGNOSTIC SERVICES, File No. 2509

INC., License Type: Health Care Clinic

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

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

NATURE OF THE ACTION

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

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

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

licensed clinics.

PARTIES

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

health care clinics in Florida pursuant to Chapters 408, Part II, 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

XHISIf i

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. 2), 990( Fla. Stat. ( 2014).

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

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

with the applicable state statutes and rules.

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

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

Florida, and one in Altamonte Springs, Florida.

COUNTI

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

though fully set forth, and further alleges the following.

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

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

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

7. That pursuant to Florida law:

408. 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.

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

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

3) 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.

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

400. 4), 9905( F. S., when it does not qualify for an exemption,

provides health care services to individuals and bills third party

payers for those services.

9. That further pursuant to Florida law:

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.

Section 408. 812, Florida Statutes ( 2014).

10. Further pursuant to Florida law:

400. 991 License requirements; background screenings;

prohibitions.-

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

the provision of services that require licensure pursuant to this part

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

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

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

state. Each clinic location shall be licensed separately regardless of

whether the clinic is operated under the same business name or

management as another clinic.

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

11. That pursuant to Florida law:

400. 995 Agency administrative penalties.-

1) 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.

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

clinic director concurrently operates an unlicensed clinic shall be

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

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

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

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

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

Florida Statutes ( 2014).

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

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

2004 and the other in April 2014.

Unlicensed Clinic in Miami. Florida

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

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

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

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

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

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

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

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

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

Respondent' s unlicensed Miami health care clinic.

Unlicensed Clinic in Altamonte Springs, Florida

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

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

32701.

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

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

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

interview and record review.

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

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

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

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

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

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

number of a " person employed."

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

patients at its unlicensed Altamonte Springs health care clinic.

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

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

at Respondent' s unlicensed Altamonte Springs health care clinic.

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

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

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

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

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

December 2013 or early January 2014."

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

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

care clinic in Miami.

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

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

and 400. 995, Florida Statutes ( 2014).

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

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

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

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

care clinic is appropriate.

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

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

Respondent' s license to operate this health care clinic.

RESPECTFULLY SUBMITTED this 28th_ day of January, 2015.

A. Jo* on, Senior Attorney

Florida Bar N . 0091175

Office of the General Counsel

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop # 3

Tallahassee, Florida 32308

Telephone: ( 850) 412- 3658

Facsimile: ( 850) 922- 6484

Daniel. myflorida. Johnson@ahca. 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. 1), 57( F. S., however, a

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

of Rule 28- 2015, 106. 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 120. 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 28d' day of January, 2015.

71 j

j Da- 1 A!. i Jphnson, Esquire

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

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

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

Tampa, Florida 33603 Certified Mail # 9171082133393763107264)

Certified Mail # 9171082133393763107271) 91 7108 2133 3937 6310 7264

91 7108 2133 3937 6310 7271

Pat Caufman, Field Office Manager Thomas Jones, Unit Manager

Region 6 Field Office Health Care Clinic Licensure Unit

Agency for Health Care Administration Agency for Health Care Administration

Electronic Mail) Electronic Mail)

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

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

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 p. 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: [phone]- Facsimile: 850- 0158 921-

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. 2), 57(

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. 1), 57(

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. 1), 57( 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- 2015, 106. 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,

Case No. 5. 174

V. AHCA No. 2414012159

AMERIl3 IED DIAGNOSTIC SLRVICES,

INC.,

Respondent.

J

SETTLE NT A EMENT

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

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

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

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

Agreement") and agree as follows:

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

Pan 11, and 400, Part X, Fla. Scat,., 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 in the

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

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

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

election of rights form. and petition; and

EXHIBIT 2

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

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

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

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

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

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

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

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

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

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

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

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

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

findings of the parties.

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

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

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

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

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

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

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

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

lxis : A- eement.

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

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

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

10l6 AN tick is the date that Respondent' s curler:

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

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

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

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

County, Florida.

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

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

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

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

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

n- om 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:.

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

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

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

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

by all the parties.

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

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

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

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

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

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

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

the Petitioner or related or resulting organizations.

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

a. foremrentione paragraph of this Agre- einent.

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

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

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

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

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

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

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

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

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

issues or from

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

Code. This

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

Agreement does not settles any federal issues pending against Respondent,

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

the

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

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

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

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

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

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

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

this Agreement shall he void.

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

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

to enter into this Agreement.

j

T

Mc ns ry, Deputy Secretary Carmen Fernandez;

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

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

21, 27 Mahan Drive Tarnp<>

Tallahassee, Florida a~ i8 3{

DATED: h~ i I s

f,

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

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

27 27 Mahan Drive, Mail Step 3 Drive, 32310

Tallahassee, Florida 323{ 8 Tallalasiee, Florida

J

DATED: DATED. Eg

S