,

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

FILED

AHCA

AGENCY CLERK

ZOii MAR I b A 8: 3,b

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

vs.

Petitioner,

Case No: 10-9434MPI

Provider No.: 6784275 98

C.I. No.: 10-1336-700

LYNZ MANAGEMENT, INC.,

Respondent.

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FINAL ORDER

THIS CAUSE came before the undersigned for issuance of a Final Order on a letter entitled, "Termination from Participation," (hereinafter referred to as the "termination letter") dated August 16, 2010, in C.I. No. 10-1336-700. In the termination letter, the AGENCY FOR HEALTH CARE ADMINISTRATION ("AHCA" or "Agency"), informed the Respondent, LYNZ MANAGEMENT, INC., ("PROVIDER") in pertinent part as follows:

Our records indicate that on June 7, 2010 through July 4, 2010 you submitted false Medicaid claims for payment to the Agency for Health Care Administration (Agency). In accordance with Sections 409.913, Florida Statute (F.S.), Rule 590-9.070, Florida Administrative Code (F.A.C.), the Agency for Health Care Administration (Agency), is hereby terminating your participation in the Medicaid program (7h). This includes any action that resulted in a claim for payment to the Medicaid program as a result of furnishing, supervising a person who is furnishing, or causing a person to furnish goods or services.

The termination letter provided full disclosure and notice to the PROVIDER of procedures for requesting an administrative hearing to contest the sanction.

AHCA v. Lynz Management, Inc.

(Case No: 10-9434MPI; Provider 6784275 98; C.I. No.: 11-1336-700)

Final Order Page 1 of 4

Filed March 16, 2011 4:35 PM Division of Administrative Hearings

On or about September 21, 2010, the PROVIDER filed a petition with the Agency, requesting an administrative hearing. The Agency forwarded PROVIDER'S hearing request to the Division of Administrative Hearings ("DOAH") for a formal administrative hearing.

On December 20, 2010, DOAH closed its case file on this matter and relinquished jurisdiction to the Agency. On February 3, 2011, the PROVIDER filed a Notice of Voluntary Dismissal with the Agency, providing notice that PROVIDER voluntarily dismisses its Petition for Administrative Hearing, and stating that the Agency may close its file.

FINDINGS OF FACT

The PROVIDER received the termination letter that gave notice of PROVIDER'S right to an administrative hearing regarding the termination. The PROVIDER filed a petition requesting an administrative hearing, and then agreed to the filing of a Joint Motion to Remand and Relinquish Jurisdiction without Prejudice. Subsequently, the administrative hearing case was CLOSED. By filing a notice of voluntary dismissal, PROVIDER chose not to dispute the facts set forth in the termination letter, dated August 16, 2010. The facts alleged in the termination letter are hereby deemed admitted. The Agency hereby adopts the facts as set forth in the termination letter.

CONCLUSIONS OF LAW

The Agency incorporates and adopts each and every relevant statement and conclusion of law set forth in the termination letter, dated August 16, 2010. The admitted facts support the following legal conclusion:

In accordance with Sections 409.913, Florida Statute (F.S.), Rule 59G-9.070, Florida Administrative Code (F.A.C.), the Agency for Health Care Administration (Agency), is hereby terminating your participation in the

Medicaid program (7h). This includes any action that resulted in a claim for payment to the Medicaid program as a result of furnishing, supervising a person who is furnishing, or causing a person to furnish goods or services.

Based on the foregoing, it is hereby ORDERED AND ADJUDGED that PROVIDER is terminated from the Medicaid Program within thirty (30) days of the issuance of this Final Order. The PROVIDER'S request for an administrative hearing is

DISMISSED.

th Care Administration

DONE AND ORDERED this LL day of , 2011, in Tallahassee, Florida.

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 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:

Mark Thomas, Esq. Dale Paleschic, Esq. DELL GRAHAM, P. A.

P. 0. Box 850 Gainesville, FL 32601 Phone: (352) 372-4381

Facsimile: (352) 416-0165 (Via U.S. Mail)

Michael Blackburn, Bureau Chief Medicaid Program Integrity

2727 Mahan Drive

Building 2, Mail Station 6

Tallahassee, Florida 32308 (Interoffice Mail)

Tracie L. Hardin, Esquire

Agency for Health Care Administration 2727 Mahan Drive

Building 3, Mail Station 3

Tallahassee, Florida 32308 (Interoffice Mail)

Agency for Health Care Administration Bureau of Health Quality Assurance 2727 Mahan Drive, Mail Stop 9

Tallahassee, Florida 32308

License # 299991991 (Interoffice Mail)

Agency for Health Care Administration Bureau of Finance and Accounting 2727 Mahan Drive

Building 2, Mail Station 14

Tallahassee, Florida 32308 (Interoffice Mail)

Inspector General

Medicaid Program Integrity 2727 Mahan Drive

Building 2, Mail Station 6

Tallahassee, Florida 32308 (Interoffice Mail)

J. H. Peterson, III Administrative Law Judge

Division of Administrative Hearings The Desoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060 (Via U.S. Mail)

Shawn McCauley

Medicaid Contract Management (Via E-Mail Only)

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing document has been furnished to the person(s) named the above by the indicated means of delivery, on this

/ °aayof /1/4.rch , 2011.

Agency Clerk

Agency for Health Care Administration 2727 Mahan Drive

Building 3, Mail Station 3

Tallahassee, Florida 32308

Telephone: (850) 412-3630

Fax: (850) 921-0158

Docket for Case No: 10-009434MPI

Orders for Case No: 10-009434MPI