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  5. AGENCY FOR HEALTH CARE ADMINISTRATION vs THE CHRYSALIS CENTER, INC., 14-000136MPI (2014)

AGENCY FOR HEALTH CARE ADMINISTRATION vs THE CHRYSALIS CENTER, INC., 14-000136MPI (2014)

Court: Division of Administrative Hearings, Florida Number: 14-000136MPI Visitors: 25
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: THE CHRYSALIS CENTER, INC.
Judges: ROBERT E. MEALE
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jan. 10, 2014
Status: Closed
DOAH Final Order on Friday, August 28, 2015.
Latest Update: Dec. 01, 2016
Summary: The primary issue is whether, under section 409.913(16)(j), Florida Statutes, Petitioner can establish and recover from Respondent overpayments for Medicaid claims for community mental health services that Respondent provided to recipients who were enrollees in plans of various managed care organizations (MCOs) that, pursuant to the standard contract between these MCOs and the Department of Elder Affairs (DOEA), provided services under the Nursing Home Diversion Waiver (NHDW) program.1/ A second
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DISTRICT COURT OF APPEAL FIRST DISTRICT

STATE OF FLORIDA TALLAHASSEE, FLORIDA 32399-0950

(850) 488-6151


JON S. WHEELER CLERK OF THE COURT

(850) 488-6151


August 19, 2014


Claudia Llado, Clerk DOAH

1230 Aplachee Pkwy DeSoto Bldg Tallahassee, FL 32399


RE: Agency For Health Care Administration

v. The Chrysalis Center, Inc.


Docket No.: 1D14-2944

Lower Tribunal Case No: 14-0136MPI


Dear Ms. Llado:


I have been directed by the court to issue the attached mandate in the above-styled cause. It is enclosed with a certified copy of this Court’s opinion.


Yours truly,


Jon S. Wheeler Clerk of the Court


JSW/cg Enclosures

c: (letter and mandate only)


Steven A. Grigas Cynthia L. Hain

Katherine E. Giddings Kristen M. Fiore

Tracy Lee George, A. G. C. Eduardo R. Lacasa


M A N D A T E

From


DISTRICT COURT OF APPEAL OF FLORIDA FIRST DISTRICT


To Robert E. Meale, Administrative Law Judge, Division of Administrative Hearings WHEREAS, in the certain cause filed in this Court styled:



AGENCY FOR HEALTH CARE ADMINISTRATION


Case No : 1D14-2944


v. Lower Tribunal Case No : 14-0136MPI


THE CHRYSALIS CENTER, INC.


The attached opinion was issued on August 1, 2014.


YOU ARE HEREBY COMMANDED that further proceedings, if required, be had in


accordance with said opinion, the rules of Court, and the laws of the State of Florida.


WITNESS the Honorable Joseph Lewis, Jr., Chief Judge


of the District Court of Appeal of Florida, First District,


and the Seal of said Court done at Tallahassee, Florida, on this 19th day of August 2014.


Docket for Case No: 14-000136MPI
Issue Date Proceedings
Dec. 01, 2016 Transmittal letter from Claudia Llado forwarding the one-volume Transcript, along with Exhibits to the agency.
Mar. 09, 2015 BY ORDER OF THE COURT: Ordered that Appellant's notice of voluntary dismissal is recognized by the Court, and this administrative appeal from the Agency is hereby is hereby dismissed.
Jan. 29, 2015 Amended Index (of the Record) sent to the parties of record. (Amended as to DCA Case No., and District Court)
Jan. 21, 2015 Index (of the Record) sent to the parties of record.
Jan. 21, 2015 Invoice for the record on appeal mailed.
Jan. 05, 2015 Notice of Appeal filed and Certified copy sent to the Third District Court of Appeal this date.
Jan. 02, 2015 Notice of Appeal filed.
Dec. 05, 2014 Final Order (hearing held October 21, 2014). CASE CLOSED.
Nov. 26, 2014 Petitioner's Proposed Final Order on Respondent's Motion for Attorney Fees and Costs filed.
Nov. 25, 2014 Respondent's Proposed Final Order filed.
Nov. 05, 2014 Transcript of Proceedings (not available for viewing) filed.
Nov. 05, 2014 Transcript of Proceedings (not available for viewing) filed.
Oct. 21, 2014 Return of Service (William Furlow, III) filed.
Oct. 20, 2014 CASE STATUS: Hearing Held.
Oct. 17, 2014 The Chrysalis Center, Inc's Response and Memorandum of Law in Support of Attorneys' Fee Award filed.
Oct. 17, 2014 Order on Respondent`s Motion to Compel Production of Documents.
Oct. 15, 2014 Affidavit of William M. Furlow in Support of Attorneys' Fees and Costs filed.
Oct. 15, 2014 Order Allowing Testimony by Telephone.
Oct. 14, 2014 Respondent's Motion for Counsel to Appear by Phone filed.
Oct. 14, 2014 Memorandum of Law in Opposition to the Respondent's Petition for Fees filed.
Oct. 13, 2014 Agency for Health Care Administration's Notice of Intent to Use Summary In Accord With Fla. Stat. 90.956 filed.
Oct. 09, 2014 (Petitioner's) Motion to Compel Production of Documents Pursuant to Fla.Civ.P.1.380(a) filed.
Oct. 03, 2014 Affidavit of Attorney's Fees and Costs (of Eduardo R. Lacasa) filed.
Oct. 03, 2014 Affidavit of Steven A Grigas in Support of the Reasonableness of Respondent's Attorneys' Fees and Costs filed.
Sep. 22, 2014 Petitioner's Exceptions to Recommended Order filed.
Sep. 22, 2014 Agency Final Order filed.
Sep. 17, 2014 Petitioner's Request for Production filed.
Sep. 16, 2014 Notice of Appearance (Steven Perry) filed.
Sep. 15, 2014 Notice of Substitution of Counsel (Robert Milne) filed.
Sep. 12, 2014 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 20, 2014; 9:00 a.m.; Tallahassee, FL).
Sep. 10, 2014 (Petitioner's) Agreed Motion for Continuance filed.
Aug. 19, 2014 Mandate filed.
Aug. 15, 2014 (Petitioner's) Unopposed Motion for Abeyance filed.
Aug. 15, 2014 Notice of Substitution of Counsel (Douglas Lomonico) filed.
Aug. 13, 2014 Notice of Hearing (hearing set for September 22, 2014; 9:00 a.m.; Tallahassee, FL).
Aug. 11, 2014 (Petitioner's) Notice of Availability for Hearing filed.
Aug. 05, 2014 Letter to parties of record from Judge Meale.
Aug. 04, 2014 Transmittal letter from Claudia Llado returning Transcripts and Exhibits to the Agency for Health Care Administration Agency Clerk.
Aug. 01, 2014 Opinion filed.
Jul. 23, 2014 Invoice for the record on appeal mailed.
Jul. 23, 2014 Index (of the Record) sent to the parties of record.
Jul. 03, 2014 Transcripts and Exhibits received from the Agency for Health Care Administration Agency Clerk filed.
Jul. 02, 2014 (Respondent's) Petition for Proceeding to Establish Amount of Reasonable Attorneys Fees filed.
Jul. 01, 2014 Acknowledgment of New Case, First DCA Case No. 1D14-2944 filed.
Jun. 30, 2014 Notice of Appeal filed and Certified copy sent to the District Court of Appeal this date.
Jun. 10, 2014 Transmittal letter from Claudia Llado forwarding the two-volume Notice of Filing Petitioner's Response to Respondent's Request for Production to Petitioner.
Jun. 10, 2014 Transmittal letter from Claudia Llado forwarding Respondent's Exhibits numbered 6-9, which were not admitted into evidence to Respondent.
Jun. 03, 2014 Recommended Order (hearing held March 17, 2014). CASE CLOSED.
Jun. 03, 2014 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jun. 02, 2014 Petitioner's Late Exhibits filed (exhibits not available for viewing).
May 16, 2014 Respondent's Proposed Recommended Order and Memorandum of Law filed.
May 16, 2014 Petitioner's Proposed Recommended Order filed.
May 12, 2014 The Chrysalis Center's Motion to Strike Agency for Health Care Administrations New, Untimely and Post Hoc Evidence filed.
May 07, 2014 Order Granting Extension of Time.
May 06, 2014 (Petitioner's) Motion for Extension of Time filed.
Apr. 28, 2014 Agency for Health Care Administration's Notice of Filing Deposition Transcript of Keith Young (not available for viewing).
Apr. 14, 2014 Telephonic Deposition of Mathieu Doucet filed.
Apr. 14, 2014 Respondent's Notice of Filing Transcript of Mathieu Doucet Deposition filed.
Apr. 11, 2014 Agency for Health Care Administration's Notice of Taking Deposition of Keith Young filed.
Apr. 11, 2014 CASE STATUS: Post-Hearing Conference Held.
Apr. 09, 2014 Order Denying Motion to Reconsider and Order on the Filing of Proposed Recommended Orders.
Mar. 31, 2014 The Chrysalis Center's Response and Motion to Strike Agency for Health Care Administration's Motion to Reconsider and Incorporated Proffer filed.
Mar. 28, 2014 Agency for Health Care Administration's Motion to Reconsider filed.
Mar. 28, 2014 Order Denying Petitioner`s Motion to Substitute Deponent.
Mar. 28, 2014 The Chrysalis Center's Response in Opposition to Agency for Health Care Administration's Motion to Substitute Deponent filed.
Mar. 26, 2014 Notice of Taking Telephonic Deposition Duces Tecum (of Mathieu Doucet) filed.
Mar. 26, 2014 Agency for Health Care Administration's Motion to Substitute Deponent filed.
Mar. 17, 2014 e-Mail from Steven Grigas to parties of record regarding DOEA's response to the question posed by Judge Meale in the March 12, 2014, telephonic hearing filed.
Mar. 17, 2014 CASE STATUS: Hearing Held.
Mar. 14, 2014 Respondent's Motion for Official Recognition filed.
Mar. 13, 2014 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Mar. 13, 2014 Agency for Health Care Administration's Motion for Taking of Official Recognition filed.
Mar. 13, 2014 Order Granting Department of Elder Affairs` Motion for Protective Order.
Mar. 13, 2014 Amended Non-Party Movant, Florida Department of Elder Affairs' Motion to Quash Subpoena Duces Tecum, Motion for Protective Order, and Written Notice of Objection to Document Production Pursuant to Rule 1.410(e)(1), Fla.R.Civ.P filed.
Mar. 12, 2014 CASE STATUS: Motion Hearing Held.
Mar. 12, 2014 Notice of Witness Substitution filed.
Mar. 12, 2014 Emergency Motion to Quash Subpoena filed.
Mar. 12, 2014 Non-Party Movant, Florida Department of Elder Affairs' Motion to Quash Subpoena Duces Tecum, Motion for Protective Order, and Written Notice of Objection to Document Production Pursuant to Rule 1.410(e)(1), Fla.R.Civ.P. filed.
Mar. 11, 2014 Respondent's Notice of Taking Deposition Duces Tecum (of DOEA Most Knowledgeable) filed.
Mar. 06, 2014 Respondent's Notice of Taking Deposition Duces Tecum (of Gary Smith) filed.
Mar. 04, 2014 (Respondent's) Notice of Errata (for joint prehearing stipulation) filed.
Mar. 03, 2014 The Chrysalis Center, Inc. and Agency for Health Care Administration Proposed Joint Prehearing Stipulation filed.
Feb. 26, 2014 AHCA's Notice of Intent to Seek Investigative, Legal, and Expert Witness Costs filed.
Feb. 25, 2014 Respondent's Notice of Intent to Seek Costs and Fees filed.
Feb. 21, 2014 Respondent's Notice of Taking Deposition Duces Tecum (of David Oropallo) filed.
Feb. 21, 2014 Respondent's Notice of Taking Deposition Duces Tecum (of Carol Barr Platt) filed.
Feb. 21, 2014 Respondent's Notice of Taking Deposition Duces Tecum (of person most knowledgeable with the Milliman Capitation Rate Development of the Nursing Home Diversion Health Program for the years 2008-2012) filed.
Feb. 18, 2014 Documents Produced filed.
Feb. 18, 2014 Notice of Filing Petitioner's Response to Respondent's Request for Production filed.
Feb. 14, 2014 Respondent's Amended Notice of Taking Deposition Duces Tecum (of Keith Young) filed.
Feb. 04, 2014 Respondent's Notice of Taking Deposition Duces Tecum (of Keith Young) filed.
Jan. 16, 2014 Order Granting Motion to Withdraw as Counsel.
Jan. 15, 2014 Motion to Withdraw as Counsel for the Agency for Health Care Administration filed.
Jan. 15, 2014 Notice of Hearing (hearing set for March 17, 2014; 9:00 a.m.; Tallahassee, FL).
Jan. 15, 2014 Joint Response to Initial Order filed.
Jan. 14, 2014 Notice of Service of Respondent's First Request for Production to Petitioner filed.
Jan. 10, 2014 Initial Order.
Jan. 09, 2014 Motion to Reopen Proceedings filed. (FORMERLY DOAH CASE NO. 13-3380MPI)
Sep. 10, 2013 Final Audit Report filed.
Sep. 10, 2013 Request for Administrative Hearing filed.
Sep. 10, 2013 Notice (of Agency referral) filed.

Orders for Case No: 14-000136MPI
Issue Date Document Summary
Dec. 05, 2014 DOAH Final Order Agency must pay Medicaid provider reasonable attorneys' fees incurred in defending a Medicaid overpayment case. Fees claimed by provider's attorneys reduced by nearly $120,000 because fees over $61,505 were unnecessary, excessive, or inappropriate.
Sep. 02, 2014 Agency Final Order
Aug. 19, 2014 Mandate
Aug. 01, 2014 Opinion
Jun. 03, 2014 Recommended Order Pet not entitled to overpayment of amount in excess of what provider originally agreed to because Pet failed to prove that services reimbursed on fee for service basis were covered under Nursing Home Diversion Waiver program.
Source:  Florida - Division of Administrative Hearings
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