STATE OF FLORIDA Ff LEO

AGENCY FOR HEALTH CARE ADMINISTRATION AGENACHYCCALEftK

20IO JAN 12 AO 35

EGRET COVE CENTER,

vs.

Petitioner,

DOAH Case No.: 09-5500

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

l '

Respondent.

-------------'------'

FINAL ORDER

THIS CAUSE came before me for issuance of a Final Order on a Final Audit Report dated October 13, 2006 (Audit Period/Engagement No.: July 31, 2001/NH05- 125C). By the Final Audit Report, the Agency for Health Care Administration ("AHCA" or "Agency"), informed the Petitioner, EGRET COVE CENTER ("Provider") that Medicaid reimbursement principles required adjustment of the cost allocations stated in the Provider's cost report. The Agency notified the Provider of the adjustments ARCA was making to the cost report.

In response to AHCA's Audit Report, the Provider filed a timely petition for administrative hearing. Subsequent to the petition for administrative hearing, the Provider filed a voluntary dismissal of the hearing request. As such, the Audit Report, and the cost report adjustments as set forth in Audit Report are final.

FINDINGS OF FACT

The Provider received the Final Audit Report that gave notice of Provider's right to an administrative hearing regarding the audit adjustments. The Provider filed a petition requesting an administrative hearing, and then caused· that petition to be

Pagel of 4

Filed January 13, 2010 10:00 AM Division of Administrative Hearings.

dismissed and the administrative hearing case to be closed. Provider chose not to dispute the facts set forth in the Final Audit Report; they are hereby deemed admitted and adopted by the Agency.

CONCLUSIONS OF LAW

The Agency incorporates and adopts each and every relevant statement and conclusion of law set forth in the Final Audit Report. The admitted facts support the legal conclusion that the audit adjustments are correct, and that any overpayment resulting from a recalculation of the Provider's per diem is due and owing from Provider to the Agency.

Based on the foregoing, it is

ORDERED AND ADJUDGED that the Agency shall recalculate the respective per diem rates consistent with the Audit Report and issue notice of the recalculation. Where the Provider was overpaid, the Provider shall reimburse the Agency the full amount of the overpayment within thirty (30) days of such notice.

The Provider's request for an administrative hearing is hereby DISMISSED.

DONE AND ORDERED

Tallahassee, Leon County, Florida.

this 1 day of J , 2010, m

Thomas W. Arnold, 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 BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE AP ARTY 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:

Peter A. Lewis, Esquire

3023 N. Shannon Lakes Drive, Strite 101 . Tallahassee, Florida 32309

Kelly Bennett, Assistant General Counsel Agency for Health Care Administration (Interoffice)

Deputy Secretary for Medicaid

Agency for Health Care Administration (Interoffice)

Michele Hudson, Bureau Chief Medicaid Program Analysis

Lisa Milton, Audit Manager Medicaid Program Analysis

Finance & Accounting

Health Quality Assurance (via email)

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served to

ry

-$--

the above named addresses by U.S. Mail or interoffice mail this day of

. l ,2010.

RichardShoop, Agen=k

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308-5403

(850) 922-5873

Docket for Case No: 09-005500

Orders for Case No: 09-005500