STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

RES-CARE, INC.,

vs.

Petitioner,

CASE NO.: 13-1569MPI PROVIDER NO.: 0280321-01 INVOICE NO.: NH16723

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

.....;/

Respondent.

FINAL ORDER

This cause came before the Agency for Health Care Administration for issuance of a Final Order.

I. On May 26, 2013, the Agency sent a letter to the Petitioner notifying the Petitioner that it owed an overpayment in the amount of $152,181.02 to the Agency based upon an adjustment in the Petitioner's overpayment rates (Exhibit A).

2. On April 16, 2013, the Petitioner filed a Petition for Formal Hearing and the Agency Clerk referred the Petition for Formal Hearing to the Division of Administrative Hearings for further proceedings.

1. On May 13, 2013, the Administrative Law Judge assigned to the case entered an Order Closing File and Relinquishing Jurisdiction based upon a Joint Motion to Relinquish Jurisdiction filed by the parties.

2. On May 23, 2014, the Agency rescinded the overpayment letter (Exhibit B).

   
   

3. The Agency's rescission of the overpayment letter has rendered this matter moot.

Filed August 14, 2014 9:25 AM Division of Administrative Hearings

Based on the foregoing,

IT IS THEREFORE ORDERED AND ADJUDGED THAT:

Respondent's right to a hearing in this matter has been rendered moot and the Agency's May 11, 2013 overpayment letter is rescinded. The parties shall govern themselves accordingly.

DONE AND ORDERED this day of ,&'a.)4--' , 2014 in Tallahassee, Leon County, Florida.

ELIZA H DUDEK, SECRETARY

AG CY FOR 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 THE AGENCY FOR HEALTH CARE ADMINISTRATION, 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 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                of

;t/yuz; 6.2014.

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

Tallahassee, Florida 32308

9850) 412-3630

COPIES FURNISHED TO:

Douglas Lomonico Assistant General Counsel

George N. Meros, Jr.

GrayRobinson, P.A.

Post Office Box 11189

Tallahassee, Florida 32302-3189

Medicaid Program Integrity Office of the Inspector General

Shawn McCauley

Medicaid Contract Management Division of Medical Quality Assurance Department of Health

Docket for Case No: 13-001569

Orders for Case No: 13-001569