20-000095 Laurie Meyer vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 16, 2020.

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STATE OF IDA 3

AGENCY FOR HEALTH CARERADMINISTR 1 A

LAURIE MEYER,

Petitioner,

v AHCA NO. 2019015633

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STATE OF FLORIDA, AGENCY FOR RENDITION NO.: AHCA- w -

HEALTH CARE ADMINISTRATION,

Respondent.

FINAL ORDER

THIS CAUSE came on for consideration before the Agency for Health Care Administration (" the

Agency"), which finds and concludes as follows:

1. The Agency issued the Petitioner the attached Notice of Intent to Deny ( Ex. 1). The parties

have since entered into the attached Settlement Agreement ( Ex. 2), which is adopted and incorporated by

reference.

2. The parties shall comply with the terms of the Settlement Agreement. If the Agency has

not already completed its review of the application, it shall resume its review of the application. The

Petitioner shall pay the Agency an administrative fee of $ 500. 00 within 30 days of the entry of this Final

Order. 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 in Tallahassee, Florida, on this I L( day of r , 2020.

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Maoew, Secretary

for Health Care Administration

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party that is adversely affected by this Final Order is entitled to seek judicial review which shall be

instituted by filing one copy of a notice of appeal with the agency clerk of AHCA, and a second copy,

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

the agency maintains its headquarters or where a party resides. Review of proceedings shall be conducted

in accordance with the Florida appellate rules. The notice of appeal must be filed within 30 days of

rendition of the order to be reviewed.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct4opy of this Final Order was served on the below -

named persons by the method designated on this Iay of , 2020.

Richar 7loop, Agemy Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

Telephone ( 850) 412- 3630

Facilities Intake Unit Elina G. Valentine, Assistant General Counsel

Agency for Health Care Administration Office of the General Counsel

Electronic Mail) Agency for Health Care Administration

Electronic Mail)

Central Intake Unit Rickey L. Strong, Esquire

Agency for Health Care Administration Jeffrey S. Howell, P. A.

Electronic Mail) 2898- 6 Mahan Drive

Tallahassee, Florida 32308

US Mail

Bernard Hudson, Manager

Long Term Care Unit

Agency for Health Care Administration

Electronic Mail

RON DESANTIS

GOVERNOR

Certified Article Number MARY SECRETARY C. MAYHEW

9414 72LL 99Uq 2156 L999 6L

October 8, 2019 SENDER' S RECORD CERTIFIED

Laurie Anne Meyer, Administrator File Number: 39967954

Laurie Meyer Application Number: 40482

PO Box 122 Provider Type: Homemaker And Companion Services

New Port Richey, FL 34656

RE: Complaint Number 2019015633, 5302 Lime St, New Port Richey, FL

Notice of Intent to Deny

It is the decision of this Agency that Laurie Meyer' s application for a Homemaker and Companion

Services license be DENIED.

The Specific Basis for this determination is:

1. The applicant failed to timely submit a request for change of ownership pursuant to

Sections 408. 806( 2)( b), 408. 807( l) and ( 2), and 408. 815( 1)( c) of the Florida Statutes

F. S.); and Rule 59A- 35. 070 of the Florida Administrative Code( F. A. C.).

EXPLANATION OF RIGHTS

Pursuant to Section 120. 569, F. S., you have the right to request an administrative hearing. In

order to obtain a formal proceeding before the Division of Administrative Hearings under

Section 120. 57( 1), F. S., your request for an administrative hearing must conform to the

requirements in Section 28- 106. 201, Florida Administrative Code ( F. A. C), and must state the

material facts you dispute.

SEE ATTACHED ELECTION AND EXPLANATION OF RIGHTS FORMS.

If you have any questions or need further assistance, please contact the Office of the General

Counsel at ( 850) 412- 3630.

461—

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Berard E. Ndson, M. Div.

Long Term Care Services Unit Manager

Bureau of Health Facility Regulation

cc: Legal Intake Unit, MS# 3

2727 Mahan Drive • MS# 33 Facebook. Youtube. com/ com/ AHCAFIorida AHCAFIorida

Tallahassee, FL 32308

AHCA. MyFlorida. com Twitter. com/ AHCA_ FL

SlideShare. net/ AHCAFIorida

Exhibit 1

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

LAURIE MEYER,

Petitioner,

VS. AHCA No. 2019015633

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondent.

SETTLEMENT AGREEMENT

Respondent, State of Florida, Agency for Health Care Administration ( the

Agency"), and Petitioner, Laurie Meyer ( the " Petitioner"), each individually a " party,"

collectively " parties," by and through their undersigned representatives, enter into this

Settlement Agreement (" Agreement") pursuant to Section 120. 57( 4), Florida Statutes ( 2019),

and agree as follows:

WHEREAS, the Agency is the licensing and regulatory authority that oversees

homemaker and companion services in Florida and enforces the state laws governing such

facilities pursuant to Chapter 408, Part II, and Chapter 400, Part III, Florida Statutes, and

Chapters 59A- 8 and 59A- 35 of the Florida Administrative Code; and

WHEREAS, the Petitioner is a homemaker and companion service registered with the

Agency; and

WHEREAS, the Agency issued a Notice of Intent to Deny ( the " NOI") dated October 8,

2019, notifying the Petitioner of the Agency' s intent to deny the change during licensure

application; and

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Exhibit 2

WHEREAS, the Petitioner requested a formal administrative hearing by filing an

election of rights form or by petition; and

WHEREAS, the parties have agreed that a fair, efficient, and cost effective resolution of

this dispute would avoid the expenditure of substantial sums to litigate the dispute; and

WHEREAS, the parties stipulate to the adequacy of considerations 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 herein are true and correct and are expressly incorporated into this

Agreement.

2. Both parties agree that the " whereas" clauses incorporated herein are binding

findings on the parties.

3. Upon full execution of this Agreement, the Petitioner shall remit to the Agency a

payment of five hundred dollars ($ 500. 00) within thirty ( 30) days of the Final Order.

4. The parties agree that this Agreement shall supersede the NOI and that the

application will no longer be denied. If the Agency has not already completed its review of the

application, it shall resume its review of the application upon entry of the Final Order adopting

this Agreement. Nothing in this Agreement, however, shall prohibit the Agency from denying

the application based upon any statute, rule, or regulation, and, if applicable, an unsatisfactory

licensure survey.

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5. Venue for any action brought to interpret, challenge, or enforce the terms of this

Agreement or the Final Order entered pursuant to this Agreement shall lie solely in the Circuit

Court of Leon County, Florida.

6. By entering into this Agreement, the Petitioner maintains that it neither admits nor

denies the allegations set forth in the NOI, but recognizes that the Agency continues in good

faith to assert the validity of the allegations. This Agreement shall not preclude the Agency from

imposing any remedy against the Petitioner for any other deficiency identified in any survey of

the Petitioner. In the event of any such agency action, however, the Petitioner shall have all legal

rights to contest any such agency action. In addition, this Agreement shall not preclude or estop

any federal, other state agency or local agency from taking any action against the Petitioner

based upon, in whole or in part, the allegations set forth in the NOI.

7. Upon full execution of this Agreement, the Agency shall enter a Final Order

adopting and incorporating the terms of this Agreement and closing the above - styled case.

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

9. The Petitioner, for itself and for its related or resulting organizations, its

successors or transferees, attorneys, heirs, and executors or administrators, discharges the State

of Florida, Agency for Health Care Administration, its agents, representatives, and attorneys of

and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of

any 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 Petitioner or related facilities.

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10. In the event that the Petitioner is or was a Medicaid provider, this settlement does

not prevent the Agency from seeking Medicaid overpayments or from imposing any sanctions

pursuant to Rule 59G- 9. 070, Florida Administrative Code.

11. The Petitioner agrees that if any funds to be paid under this Agreement to the

Agency are not paid within the time set forth in this Agreement, the Agency may deduct the

amounts assessed against the Petitioner in the Final Order, or any portion thereof, owed by the

Petitioner to the Agency from any present or future funds owed to the Petitioner by the Agency,

and that the Agency shall hold a lien against present and future funds owed to the Petitioner by

the Agency for said amounts until paid.

12. This Agreement is binding upon all parties and those identified in the paragraph

above of this Agreement.

13. The undersigned have read and understand this Agreement and have the authority

to bind their respective principals.

14. This Agreement contains and incorporates the entire understandings and

agreements of the parties. 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.

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

by all of the parties.

16. All parties agree that facsimile and electronic signatures suffice for original

signatures and that the Agreement may be executed in counterpart.

signature page follows]

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Deputy Secretary aurie Anne Meyer, Administrator _

riytt Quality Assurance Laurie Meyer

Agency for Health Care Administration Post Office Box 122

2727 Mahan [ jive New Port Richey, Florida 34656

Tallahassee, Flprida 32308

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Dated: Dated. kffl

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Stefan Grow, General Counsel El' a Valentine, Assistant General Counsel

Office of the General Counsel Office of the General Counsel

Agency for Health Care Administration Agency for Health Care Administration

2727 Mahan Drive, Mail Stop # 3 2727 Mahan Drive, Mail Stop 47

Tallahassee, Florida 32308 Tallahassee, Florida 32308

Dated: 7/- r/ 206 Dated:_ 1 C

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