Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: SHARING FACILITY GROUP HOME
Judges: STUART M. LERNER
Agency: Agency for Health Care Administration
Locations: Port St. Lucie, Florida
Filed: May 18, 2012
Status: Closed
Recommended Order on Thursday, February 21, 2013.
Latest Update: Apr. 29, 2013
Summary: Whether Respondent engaged in sanctionable conduct in violation of Medicaid laws, as alleged in the April 9, 2012, sanction letters the Agency for Health Care Administration (ACHA) sent to Respondent in the above-styled cases, and, if so, what sanction(s) should be imposed.AHCA failed to meet burden of proving that provider engaged in sanctionable conduct by failing to maintain required training documents (12-1841MPI ) and to produce required health assessment forms (12-1664MPI), as alleged.
12001664AFO
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,
Petitioner,
V.
SHARING FACILITY GROUP HOME,
ZOIJ APR 29 A 9: 08
DOAH CASE NOS. 12-1664MPI
12-1841MPI C.I. NOS. 12-2009-000
12-1884-000
Rl:NDITION NO.: AHCA-/.J- 4/0 -FOF-MDO
Respondent.
I
FINAL ORDER
This case was referred to the Division of Administrative Hearings (DOAH) where the assigned Administrative Law Judge (ALJ), Stuart M. Lerner, issued a Recommended Order after conducting a formal hearing. At issue in this proceeding is whether Respondent committed the violations alleged in the Agency's April 9, 2012 sanction letters, and, if so, what penalty should be imposed. The Recommended Order dated February 21, 2013, is attached to this Final Order and incorporated herein by reference.
RULING ON EXCEPTIONS
The parties did not file any exceptions to the Recommended Order.
FINDINGS OF FACT
The Agency adopts the findings of fact set forth in the Recommended Order.
CONCLUSIONS OF LAW
The Agency adopts the conclusions of law set forth in the Recommended Order.
IT IS THEREFORE ADJUDGED THAT:
The Agency's April 9, 2012 sanction letters issues in these matters are hereby dismissed.
The parties shall govern themselves accordingly.
Filed April 29, 2013 11:16 AM Division of Administrative Hearings
DONE and ORDERED this c,24'> day of Florida.
, 2013, in Tallahassee,
UDEK, SECRETARY
HEALTH 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 THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY ALONG WITH THE FILING FEE 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 PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has
been furnished by U.S. or interoffice mail to the persons named below on this_;;?Y ay of- ,
p,/.2013. c
RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS #3
Tallahassee, Florida 32308
(850) 412-3630
COPIES FURNISHED TO:
Honorable Stuart M. Lerner Administrative Law Judge Division of Administrative Hearing The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Rachic A. Wilson, Esquire Assistant General Counsel
2
Curtis Randolph, Esquire 2801 Orange Avenue, Suite B Fort Pierce, Florida 34947
Office of the Inspector General Medicaid Program Integrity
Finance & Accounting
3
Docket for Case No: 12-001841MPI
Issue Date |
Proceedings |
Apr. 29, 2013 |
(Agency) Final Order filed.
|
Feb. 21, 2013 |
Recommended Order (hearing held October 12, 2012). CASE CLOSED.
|
Feb. 21, 2013 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
Feb. 08, 2013 |
Agency for Health Care Administration's Proposed Recommended Order filed.
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Feb. 07, 2013 |
Respondent`s Proposed Recommended Orders filed.
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Jan. 25, 2013 |
Order Granting Extension of Time.
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Jan. 23, 2013 |
Joint Status Report and Motion for Extension of Time to File Proposed Recommened Orders filed.
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Jan. 14, 2013 |
Order Requiring Further Status Report.
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Jan. 11, 2013 |
Joint Status Report (filed in Case No. 12-001841MPI).
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Dec. 12, 2012 |
Order Requiring Status Report and Extending Proposed Recommended Order Filing Deadline.
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Dec. 10, 2012 |
Joint Motion for Extension of Time to File Proposed Recommended Orders filed.
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Dec. 06, 2012 |
CASE STATUS: Motion Hearing Held. |
Dec. 06, 2012 |
CASE STATUS: Motion Hearing Held. |
Nov. 14, 2012 |
Transcript of Proceedings (not available for viewing) filed. |
Nov. 07, 2012 |
Order Closing Evidentiary Record and Requiring Status Report.
|
Nov. 05, 2012 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Nov. 05, 2012 |
AHCA's Notice of Filing Exhibit J.
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Oct. 30, 2012 |
Order Granting Motion to Hold Record Open Additional Time.
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Oct. 29, 2012 |
Agency for Health Care Administration's Motion for Leave of Court to Maintain Open Record for Additional Time (filed in Case No. 12-001841MPI).
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Oct. 29, 2012 |
Agency for Health Care Administration's Motion for Leave of Court to Maintain Open Record for Additional Time filed.
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Oct. 25, 2012 |
Notice of Filing Proposed Exhibits (exhibits not available for viewing) filed.
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Oct. 23, 2012 |
Notice of Filing Exhibit G.
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Oct. 12, 2012 |
CASE STATUS: Hearing Held. |
Oct. 05, 2012 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 04, 2012 |
Notice of Filing Proposed Exhibits.
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Sep. 10, 2012 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 12, 2012; 9:00 a.m.; Port St. Lucie, FL).
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Sep. 07, 2012 |
Unopposed Motion for Continuance filed.
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Sep. 06, 2012 |
Petitioner's Proposed Exhibits (exhibits not available for viewing) |
Sep. 06, 2012 |
Petitioner's Proposed Exhibits (exhibits not available for viewing) |
Sep. 06, 2012 |
Agency for Healthcare Administration's (Proposed) Exhibit List (filed in Case No. 12-001841MPI).
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Sep. 06, 2012 |
Agency for Healthcare Administration's Witness List filed.
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Aug. 14, 2012 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 13, 2012; 9:00 a.m.; Port St. Lucie, FL).
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Aug. 13, 2012 |
Unopposed Motion for Continuance filed.
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Jul. 10, 2012 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for August 21, 2012; 9:00 a.m.; Port St. Lucie, FL).
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Jul. 10, 2012 |
Order of Consolidation (DOAH Case Nos. 12-1664MPI and 12-1841MPI).
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Jul. 09, 2012 |
Unopposed Motion for Continuance filed.
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Jul. 02, 2012 |
Motion to Consolidate filed.
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Jun. 01, 2012 |
Order of Pre-hearing Instructions.
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Jun. 01, 2012 |
Notice of Hearing by Video Teleconference (hearing set for July 26 and 27, 2012; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
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May 30, 2012 |
Joint Response to Initial Order filed.
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May 18, 2012 |
Initial Order.
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May 18, 2012 |
Notice (of Agency referral) filed.
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May 18, 2012 |
Petition for Formal Hearing filed.
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May 18, 2012 |
Agency action letter filed.
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Orders for Case No: 12-001841MPI
Issue Date |
Document |
Summary |
Apr. 29, 2013 |
Agency Final Order
|
|
Feb. 21, 2013 |
Recommended Order
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AHCA failed to meet burden of proving that provider engaged in sanctionable conduct by failing to maintain required training documents (12-1841MPI ) and to produce required health assessment forms (12-1664MPI), as alleged.
|