STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

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AHCA

AGENC Y CLE,, R

2018 NOV -2 P I: LIO

vs.

Petitioner,

DOAH CASE NO.: 18-005010 MPI CASE NO.: 2018-0010233 PROVIDER NO.: 017421400

INFORMAL CASE NO.: 18-507PH NPI NO.: 1205295094

DRA BEHAVIORAL HEALTH CORP.,

Respondent.

                                                                      I

TERMINATION FINAL ORDER

THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION (the

"Agency") concerning a Termination from Participation Notice.

1. On or about June 5, 2018, the Agency issued a Termination Notice to Respondent, regarding the Agency ' s intent to Terminate Respondent's participation in the Florida Medicaid program as a result of Respondent submitting or caused to be submitted false Medicaid claims in accordance with section 409.913(15)(h), Florida Statutes (F.S.), and Rule 59G-9.070(7)(h), Florida Administrative Code (F.A.C.). (Termination Notice Exhibit " l")

2. On or about June 26, 2018, Respondent filed a petition for an informal administrative hearing.

   
   

3. On or about September 11, 2018, Counsel for Respondent filed a Petition to Convert to Formal Hearing and mediation alleging certain disputes of material fact.

4. On or about September 19, 2018, this case was referred to the Division of Administrative Hearings (" DOAH") for a Formal Administrative Hearing.

5. On or about October 24, 2018, the Agency filed a Motion for Leave to Amend the Agency' s Termination Notice. (Motion for Leave to Amend the Agency' s Termination Notice and the Amended Termination Notice attached as Composite Exhibit "2")

   
   

   Agency fo r Health Care Administration v. DRA Behavioral Health Corp.

   (MP! Case No.: 2018-0010233)

   Final Order Page I of 4

   
   

   Filed December 3, 2018 11:44 AM Division of Administrative Hearings

6. On or about October 30, 2018, Counsel for Respondent filed a Motion to Withdraw Petition for Formal Hearing. (Respondent's Motion to Withdraw Petition attached as Exhibit "3")

7. On or about October 30, 2018, the Court issued an Order granting the Agency's Motion for Leave to Amend the Agency's Termination Notice. (Order granting the Agency's Motion for Leave to Amend attached as Exhibit "4" )

8. On or about October 30, 2018, the Court issued an Order granting Respondent's Motion to Withdraw Petition for Formal Hearing, Closing the DOAH File and Relinquishing Jurisdiction to the Agency. (Order Closing DOAH File attached as Exhibit "5")

Based on the foregoing, it is ORDERED and ADJUDGED that the Respondent is TERMINATED with cause in accordance with Section 409.913(14), F.S., Section 409.913(15)(h), F.S., and Rule 59G-9.070(7)(h), F.A.C.

DONE AND ORDERED this day of -- /\/JV-i!..f!JLi?-r-----, 2018, in Tallahassee, Florida.

JUSTIN

Agency istration

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:

DRA Behavioral Health Corp. 8000 S US Highway 1, Suite 302 Port St. Lucie, FL 34952

(U.S. Mail)

Kelly A. Bennett

Chief, Medicaid Program Integrity (Electronic Mail)

Division of Health Quality Assurance Bureau of Health Facility Regulation BHFR@ahca.myflorida.com (Electronic Mail)

Kimberly Murray, Esquire Assistant General Counsel (Electronic Mail)

Stefan R. Grow, Esquire General Counsel (Electronic Mail)

Warren Moore

Medicaid Plan Management Operations (Electronic Mail)

Providertermination@cms.hhs.gov (Electronic Mail)

Juan C. Santos. Esq. Chapman Law Group

1001 Brickell Bay Drive, Suite 1716

Miami, Florida 33131 Jsantos@chapmanlawgroup.com (Electronic Mail)

Bureau of Financial Services (Electronic Mail)

Division of Health Quality Assurance Bureau of Central Services

CSMU-86@ahca.myflorida.com (Electronic Mail)

Shena L. Grantham, Esquire MAL & MPI Chief Counsel (Electronic Mail)

Shawn McCauley

Bureau of Medicaid Fiscal Agent Operations (Electronic Mail)

Tracy Jeter-Cummings

Medicaid Plan Management Operations (Electronic Mail)

floridaexclusions@oig.hhs.gov (Electronic Mail)

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoin;gohas been furnished to the above named addressees by U.S. Mail or other designated method on this the,2        of 1/;ft(.L-  O          18.

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: 18-005010MPI

Orders for Case No: 18-005010MPI