Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: ACR COMMUNITY SERVICES, LLC
Judges: LISA SHEARER NELSON
Agency: Agency for Health Care Administration
Locations: Lauderdale Lakes, Florida
Filed: Jul. 24, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 13, 2018.
Latest Update: Feb. 11, 2019
18003878_282_12282018_15041842_eof $6,002,378.21, plus a fine in the amount of $402,000.00 for a total of $6,404,378.21, together with statutory interest, as set forth in section 409.913(25)(c), Florida Statutes.
Furthermore, Provider is advised that, pursuant to section 409.913, Florida Statutes, failure to pay in full, or enter into and abide by the terms of any repayment schedule set forth by the Agency may result in termination from the Medicaid program, withholding of future Medicaid payments, or other such remedies as provided by law.
Finally, because the Agency has prevailed in this matter (and the Provider does not contest the Agency's findings, as reflected in the FAR), the Agency is entitled to recover from the Provider "all investigative, legal and expert witness costs" associated with this matter.
§ 409.913(23)(a), Fla. Stat. The parties shall attempt to agree to the amount of investigative, legal, and expert witness costs for this matter. If the parties are unable to reach such agreement, either party may file a request for hearing with DOAH under this case style within 30 days of the date of rendition of this Final Order, and the ALJ who presided over this matter shall determine the amount of such costs.
The above-styled case is closed.
DONE and ORDERED this o day of No , 2018, in Tallahassee, Florida.
IOR, SECRETARY
Agency for Health Care Administration
A PARTY 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:
Michael Paul Gennett, Esquire Akerman, LLP
350 East Las Olas Boulevard, Suite 1600 Fort Lauderdale, Florida 33301 Mi_cb,1c_l.gc1mct t gak crma11. ()!11
Angela D. Miles, Esquire Ratley Law Firm, P.A.
301 South Bronough, Suite 200
Tallahassee, Florida 32301
amilcs(a radcylaw.com
Shena L. Grantham, Esquire Joseph G. Hem, Jr., Esquire Bradley S. Butler, Esquire
Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3
Tallahassee, Florida 32308 (Electronic Mail)
Division of Health Quality Assurance Bureau of Health Facility Regulation BHFR(a ahca.myflorida.com
Christopher Brian Lunny, Esquire Ratley Law Firm, P.A.
301 South Bronough Street, Suite 200
Tallahassee, Florida 32301
1- mn_y@ra _ticy!J1\v.c_srn1
Karen Asher-Cohen, Esquire Ratley Law Firm, P.A.
301 South Bronough Street Tallahassee, Florida 32301
arcn(a:radcylaw.com
Division of Health Quality Assurance Bureau of Central Services
CSMU-86(0.ahca.myflorida.com
Bureau of Financial Services (Electronic Mail)
Kelly Bennett, Chief, MPI
(Electronic Mail)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
----
the above named addressees by U.S. Mail or other designated method on this the of
,;J/v.--42018.
Agency Clerk State of Florida
Agency for Health Care Administration 2727 Mahan Drive, MS #3
Tallahassee, Florida 32308-5403
(850) 412-3689/FAX (850) 921-0158
Docket for Case No: 18-003878MPI
Issue Date |
Proceedings |
Feb. 11, 2019 |
Agency Final Order filed.
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Dec. 28, 2018 |
Agency Final Order filed.
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Dec. 28, 2018 |
Petition for Recovery of Fees and Costs filed. (DOAH CASE 18-6788F ESTABLISHED)
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Nov. 13, 2018 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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Nov. 13, 2018 |
Respondent's Voluntary Dismissal of It's Petition for Formal Administrative Hearing filed.
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Nov. 09, 2018 |
Petitioner's Notice of Service of Third Amended Responses to Respondent's First Set of Interrogatories filed.
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Nov. 08, 2018 |
AHCA's Third Amended Response to Respondent's First Set of Interrogatories filed.
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Nov. 08, 2018 |
Amended Notice of Hearing by Video Teleconference (hearing set for November 26 through 30 and December 3 through 7, 2018; 9:30 a.m.; Lauderdale Lakes and Tallahassee, FL; amended as to hearing room location).
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Nov. 08, 2018 |
Notice of Taking Continued Deposition of Dialeni Aguilera filed.
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Nov. 08, 2018 |
AHCA's Notice of Taking Rule 1.310(b)(6) Continued Corporate Representative Deposition of ACR Community Services, LLC filed.
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Nov. 07, 2018 |
Petitioner's Notice of Service of Second Amended Responses to Respondent's First Set of Interrogatories filed.
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Nov. 07, 2018 |
Petitioner's Notice of Service of Responses to Respondent's Second Set of Interrogatories filed.
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Nov. 07, 2018 |
Petitioner's Notice of Taking Continued Third Party Deposition of Leydi E. Espinosa filed.
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Nov. 07, 2018 |
Petitioner's Notice of Taking Continued Third Party Deposition of Maydel Diaz-Valdes filed.
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Nov. 05, 2018 |
HIPAA Qualified Protective Order.
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Nov. 05, 2018 |
Joint Motion for Entry of HIPAA Qualified Protective Order filed.
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Nov. 02, 2018 |
Petitioner's Notice of Service of Amended Responses to Respondent's First Set of Interrogatories filed.
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Nov. 01, 2018 |
Amended Notice of Hearing by Video Teleconference (hearing set for November 26 through 30 and December 3 through 7, 2018; 9:30 a.m.; Lauderdale Lakes and Tallahassee, FL; amended as to hearing room location).
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Oct. 31, 2018 |
CASE STATUS: Motion Hearing Held. |
Oct. 24, 2018 |
Respondent's Request to Appear at Hearing by Video-Conference filed.
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Oct. 23, 2018 |
Petitioner's Amended Notice of Taking Third Party Deposition of Maydel Diaz-Valdes filed.
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Oct. 23, 2018 |
Petitioner's Amended Notice of Taking Third Party Deposition of Leydi E. Espinosa filed.
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Oct. 08, 2018 |
Notice of Taking Deposition of Dialeni Aguilera filed.
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Oct. 08, 2018 |
Notice of Taking Deposition of Ana P. Cruz filed.
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Oct. 08, 2018 |
Respondent ACR Community Services, LLC's Responses to Petitioner's First Request for Admissions filed.
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Oct. 05, 2018 |
Respondent's Notice of Service of Second Set of Interrogatories to Petitioner filed.
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Oct. 04, 2018 |
Petitioner's Third Request for Production of Documents to Respondent filed.
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Oct. 04, 2018 |
Petitioner's First Request for Admissions to ACR Community Services, LLC filed.
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Oct. 03, 2018 |
Respondent's Notice of Service of Responses to Petitioner's First Set of Interrogatories; and First and Second Requests for Production of Documents filed.
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Sep. 27, 2018 |
Petitioner's Second Request for Production of Documents to Respondent filed.
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Sep. 26, 2018 |
Petitioner's Notice of Taking Third Party Deposition of Maydel Diaz-Valdez filed.
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Sep. 26, 2018 |
Petitioner's Notice of Taking Third Party Deposition of Leydi E. Espinosa filed.
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Sep. 26, 2018 |
Notice of Taking Deposition of Anele Diaz, PsyD, LMHC filed.
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Sep. 21, 2018 |
Order Denying Motion to Compel.
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Sep. 20, 2018 |
Respondent's Motion for Leave to Reply to AHCA's Response to Motion to Compel filed.
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Sep. 19, 2018 |
AHCA's Notice of Taking Rule 1.310(b)(6) Corporate Representative Deposition of ACR Community Services, LLC filed.
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Sep. 18, 2018 |
AHCA's Response to ACR Community Services, LLC's Amended First Motion to Compel Production of Documents filed.
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Sep. 17, 2018 |
(Respondent) Amended Notice of Taking Deposition (S. Gregie) filed.
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Sep. 11, 2018 |
Respondent's Amended First Motion to Compel Production of Documents filed.
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Sep. 10, 2018 |
Order Denying Motion to Compel.
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Sep. 10, 2018 |
Petitioner's Notice of Filing First Set of Interrogatories to Respondent filed.
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Sep. 07, 2018 |
Petitioner's First Request for Production of Documents to Respondent filed.
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Sep. 07, 2018 |
Respondent's First Motion to Compel Production of Documents filed.
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Aug. 31, 2018 |
AHCA's Response to ACR Community Services, LLC's First Request for Production filed.
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Aug. 31, 2018 |
Petitioner's Notice of Service of Responses to Respondent's First Set of Interrogatories filed.
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Aug. 20, 2018 |
Notice of Taking Deposition filed.
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Aug. 20, 2018 |
Notice of Appearance (Karen Asher-Cohen) filed.
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Aug. 13, 2018 |
Notice of Hearing (hearing set for November 26 through 30 and December 3 through 7, 2018; 9:30 a.m.; Tallahassee, FL).
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Aug. 13, 2018 |
Order of Pre-hearing Instructions.
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Aug. 03, 2018 |
Amended Joint Response to Initial Order filed.
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Aug. 01, 2018 |
Joint Response to Initial Order filed.
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Jul. 30, 2018 |
Respondent's Notice of Intent to Serve Third Party Subpoena filed.
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Jul. 30, 2018 |
Notice of Appearance (Christopher Lunny) filed.
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Jul. 30, 2018 |
Notice of Appearance (Angela Miles) filed.
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Jul. 27, 2018 |
Respondent's Notice of Service of First Set of Interrogatories and First Request for Production to Petitioner filed.
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Jul. 25, 2018 |
Initial Order.
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Jul. 24, 2018 |
Final Audit Report filed.
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Jul. 24, 2018 |
Petition for Formal Administrative Hearing filed.
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Jul. 24, 2018 |
Notice (of Agency referral) filed.
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Orders for Case No: 18-003878MPI