STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

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AGEi: CY CLERK

20!0 OCT l 3 P I: I 0

vs.

Petitioner,

CASE NO.: 10-5731MPI PROVIDER NO.: 6854281-96

C.I. NO.: 10-1086-600

APPLIED BEHAVIOR SOLUTIONS, LLC,

Respondent.

                                                                        I

FINAL ORDER

THIS CAUSE came before me for issuance of a Final Order on a Final Audit Report ("FAR") dated June 25, 2010 (C.I. No. 10-1086-600). By the Final Audit Report, the Agency for Health Care Administration ("AHCA" or "Agency"), informed the Respondent, APPLIED BEHAVIOR SOLUTIONS, LLC, (hereinafter "PROVIDER"), that the Agency was seeking to recover Medicaid overpayments in the amount of twelve thousand, four hundred eleven dollars and three cents ($12,411.03) and impose a fine sanction in the amount of one thousand dollars ($1,000.00) pursuant to Sections 409.913(15), (16), and (17), Florida Statutes, and Rule 59G- 9.070, Florida Administrative Code, for a total overpayment of thirteen thousand, four hundred dollars and three cents ($13,411.03). The Final Audit Report provided full disclosure and notice to the PROVIDER of procedures for requesting an administrative hearing to contest the alleged overpayment.

The PROVIDER filed a petition with the Agency requesting a formal administrative hearing on or about July 9, 2010. The Agency forwarded PROVIDER'S hearing request to the Division of Administrative Hearings (DOAH) for a formal administrative hearing. DOAH

AHCA v. Applied Behavior Solutions, LLC

(Case No.: 10-5731MPI; Provider No.: 6854281-96; C. I. No.: 10-1086-600) FINAL ORDER

Page 1 of 4

Filed October 20, 2010 9:45 AM Division of Administrative Hearings.

scheduled a formal hearing for October 18-20, 2010. On August 8, 2010, Respondent sent a letter to DOAH, requesting that the case be removed from the docket. SEE ATTACHMENT A. In August 2010, Respondent sent a check to the Agency in the amount of $13,411.03 as payment for the amount represented in the Final Audit Report. SEE ATTACHMENT B. On August 17, 2010, the Agency filed a Motion to Remand and Relinquish Jurisdiction Without Prejudice. On August 23, 2010, the Administrative Law Judge issued an Order Closing File and relinquishing jurisdiction of the case to the Agency.

FINDINGS OF FACT

The PROVIDER received the FAR that gave notice of PROVIDER'S right to an administrative hearing regarding the alleged Medicaid overpayment. The PROVIDER filed a petition requesting an administrative hearing, and then requested that the case be removed from the docket. Subsequently, the administrative hearing case was CLOSED. PROVIDER sent a check to the Agency, for the total overpayment amount of $13,411.03, which included a fine

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sanction of $1,000.00. Based on the foregoing, this file is hereby CLOSED.

DONE AND ORDERED this Jg_ day of 04"ow, 2010, in Tallahassee, Florida.

Agency for Health Care Administration

AHCA v. Applied Behavior Solutions, LLC

(Case No.: I0-5731MPI; Provider No.: 6854281-96; C. I. No.: 10-1086-600) FINAL ORDER

Page 2 of 4

AP ARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A 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 BYLAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW 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.

Copies furnished to:

Dr. Joseph L. Berg

Applied Behavior Solutions, LLC 2100 West 76th Street, Suite 405

Hialeah, FL 33016 (Via U.S. Mail)

Tracie L. Hardin, Esquire

Agency for Health Care Administration 2727 Mahan Drive

Building 3, Mail Station 3

Tallahassee, Florida 32308 (Interoffice Mail)

Bureau of Finance and Accounting 2727 Mahan Drive

Building 2, Mail Station 14

Tallahassee, Florida 32308 (Interoffice Mail)

Bureau of Health Quality Assurance 2727 Mahan Drive, Mail Stop 9

Tallahassee, Florida 32308 (Interoffice Mail)

Mike Blackbum, Bureau Chief Medicaid Program Integrity 2727 Mahan Drive

Building 2, Mail Station 6

Tallahassee, Florida 32308 (Interoffice Mail)

Peter Williams, Inspector General Medicaid Program Integrity

2727 Mahan Drive

Building 2, Mail Station 6

Tallahassee, Florida 32308 (Interoffice Mail)

Division of Administrative Hearings The Desoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060 (Via U.S. Mail)

Florida Department of Health Medical License# SW6104 (Via Email Only)

AHCA v. Applied Behavior Solutions, LLC

(Case No.: 10-5731MPI; Provider No.: 6854281-96; C. I. No.: 10-1086-600) FINAL ORDER

Page 3 of 4

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to

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the above named addressees by U.S. Mail or the method designated, on this the - o day of

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, 201o. '

Richard Shoop, Esquire Agency Clerk

State of Florida

Agency for Health Care Administration 2727 Mahan Drive, Building #3

Tallahassee, Florida 32308-5403

(850) 412-3630

AHCA v. Applied Behavior Solutions, LLC

(Case No.: 10-5731MPI; Provider No.: 6854281-96; C. I. No.: 10-1086-600) FINAL ORDER

Page 4 of 4

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

vs.

Petitioner,

CASE NO.: 10-5731MPI PROVIDER NO.: 6854281-96

C.I. NO.: 10-1086-600

APPLIED BEHAVIOR SOLUTIONS, LLC,

Respondent.

                                                                     I

FINAL ORDER

ATTACHMENT A

AHCA v. Applied Behavior Solutions, LLC

(Case No.: 10-5731MPI; Provider No.: 6854281-96; C. I. No.: 10-1086-600) FINAL ORDER

AUG-8-2010 07:53A FROM:ABS

Aug 8 2010 8:37

T0:18509216847 P.2

APPLIED BEHAVIOR SOLUTIONS, LLC

Phone: 305-970-5598 Fax: 305-688-1001

www.appliedbehavior.net

"Exceptional Mental Health, Consultative & Behavior Analysis Services"

TO:

FROM:

DATE:

RE:

Richard J. Shoop c/o Judge Stuart Lerner Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308

Dr. Joseph L. Berg, Clinical Director Applied Behavior Solutions

August 08, 2010

C.I No: 10-5731MPI 6854281-96

10-1086-600

Following telephone mediation between ACHA and ABS, a settlement was reached without involvement of the court. A tentative court hearing was originally scheduled for October 18-21, 2010.

With that said, Applied Behavior Solutions, as the Respondent is requesting to be removed from the docket. It

is important to note for the record that the settlement in no way is an admission of guilt or wrongdoing.

I can be reached at 305-778-5637 ould you need to contact me for any reason. Should you prefer email -

joseph@appliedbehavior.net.

Respectfully Submitted.

Dictated; not proofread.

Cc: Natacha Soto, HR, ABS

Anita Baburam, Admin. Assistant, ABS Dr. C. Blumtritt, ABS

Mike Brooks, Esq Via Fax

EXHIBIT

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TRANSMISSION VERIFICATION REPORT

TIME : 08/13/2010 14:41 NAME :

FAX : 8509210158

DATE,TIME

DURATION

FAX ND./NAME

9216847

08/13 14:40

PAGE(S)

00:00:19

MODE

RESULT

01

STANDARD

OK

ECM

TEL : 8509210158 SER.#: F7J461532

UG-13-2010 08:06A FRQ'tl:ABS T0:18509210158 P.E

APPLIED BEHAVIOR SOLUTIONS, LLC

Phone: 305·970-5S91 Pax: 305-61 1001

www!JU!) IJ

C&Exceptlonal Mental Bectttb, CoDlultatJve A Beb1Ylor .Analysll Services" .

TO:

FROM:

Tracie Hardin/ DOAfl

Dr. Joseph L. Bers, Clitncm Directo:r:

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RE:

Applied Behavior Solutio.ns

Auaust 12, 2010

C.I No: 10.S731Ml'I

6854281-96

10-1086--600

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As you know. following telephone mediation between ACHA and ABS, a settlement was reached w:ithout

involvemei,.t of the cow:t. With that said d for the record, a direct request to the.Judge was submitted to be

:i:em.oved. :&om the docket.

Respeotful.ly Submitted.

Dicta1ed; not,roo .

Cc: Nm dl■ Soto. DR. ABS

Anlt. Bat,uram, .Adml'O, Assldaltt, ABS 'Dr. C. Dl11mt AI$

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

vs.

Petitioner,

CASE NO.: 10-5731MPI PROVIDER NO.: 6854281-96

C.I. NO.: 10-1086-600

APPLIED BEHAVIOR SOLUTIONS, LLC,

Respondent.

                                                                        I

FINAL ORDER

ATTACHMENT B

AHCA v. Applied Behavior Solutions, LLC

(Case No.: 10-5731MPI; Provider No.: 6854281-96; C. I. No.: 10-1086-600) FINAL ORDER

Pnrnory Operat:ng Account 1.Ai ami-OM e County, Florida Pt;; 305-822-7202 Fax:7203

DATE

I

EXHIBIT

8

Applied Behavior Solutions, LLC

001374

Docket for Case No: 10-005731MPI

Orders for Case No: 10-005731MPI