1.

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

AGENCY FOR HEALTH CARE ADMINISTRATION,

2011 SEP I S p I: 3 I

vs.

Petitioner, Case No.: 11-1751MPI

C.I. No.: 11-3112-000

TROY AND JENNY ENTERPRISES, INC., d/b/a HUGHEY MEMORIAL PERSONAL CARE,

Respondent.

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FINAL ORDER OF DISMISSAL

THIS CAUSE came before the Agency Clerk on the Respondent's Petition for Formal Administrative Hearing ("Petition") in regards to the Agency's March 30, 2011, letter, C.I. No. 11-3112-000, which terminated the Respondent's participation in the Medicaid Program, Provider No. 1420178 00 ("Composite Exhibit A").

Thereafter the Agency sent a letter dated May 2, 2011, rescinding the termination of Medicaid Provider number 1420178 00 that it had imposed on the Respondent ("Composite Exhibit B").

On May 31, 2011, AHCA filed with DOAH a Motion for Relinquishing Jurisdiction in DOAH Case No. 11-1751MPI, C.I. No. 11-3112-000, as a result of the Agency's May 2, 2011, letter,

The Administrative Law Judge issued an Order Relinquishing Jurisdiction and Closing File dated June 2, 2011 ("Composite Exhibit C").

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Filed September 20, 2011 3:49 PM Division of Administrative Hearings

Based on the foregoing, IT IS THEREFORE ORDERED AND ADJUDGED THAT:

The Petition is hereby dismissed, and this matter is now closed. The parties shall govern

themselves accordingly.

DONEANDORDEREDthis • /4.£ dayo""""-   O.;.

c1;:

L ,2011,

in Tallahassee, Leon County, Florida.

CTARY

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LIZABETH IJiDEK,

AGENCY FOR HEALTH CARE ADMINISTRATION

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF ARCA, AND A COPY ALONG WITH THE FILING FEE 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 THE RENDITION OF THE ORDER TO BE REVIEWED.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named below on this JS" y of

L                  /'    ,2011.

RICHARD J. SHOOP, y Clerk

Agency for Health Care Administration 2727 Mahan Drive, MS #3

Tallahassee, Florida 32308

Telephone No. (850) 412-3630

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COPIES FURNISHED TO:

Debora E. Fridie, Esquire Office of the General Counsel

Agency for Health Care Administration (E-mail)

Theodore E. Mack, Esquire Attorney for Respondent Powell & Mack

803 North Calhoun Street Tallahassee, Florida 32303 (U.S. Mail)

The Honorable Diane Cleavinger Administrative Law Judge

The Division of Administrative Hearing (E-mail)

Medicaid Program Integrity Office of the Inspector General

Agency for Health Care Administration (E-mail)

Health Quality Assurance

Agency for Health Care Administration (E-mail)

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(Page 1 of 1)

RICK SCOTT

O\n=A1'10R

RICK SCOTT GOVERNOR

Better Health Care for all Florid/ans

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Better Health Care for all Floridians

ELIZABETH DUDEK

S::rDi=TA0V

ELIZABETH DUDEK SECRETARY

CERTIFIED MAIL NO.: 7009 2820 0001 S672 2009

May 2, 2011

Troy & Jenny Hendry Enterprises, Inc. c/o Hughey Memorial Personal Care 76S NE Delphinium Drive

Madison, Florida 32340-5412

In Reply Refer to: File No. 74840 & 74855

Provider No: 6887392 00 & 1420178 00

NPI No: NIA Provider License No: AL0006020

Dear Provider:

In letters dated April 4, 2011, the Agency for Health Care Administration, (Agency) Office of Inspector General, Bureau of Medicaid Program Integrity, advised you that the Agency had applied a sanction of termination for violations of federal and state laws, including failure to comply with provisions of Medicaid law in accordance with Sections 409.913(15), (16), and (17), F.S., and Rule 590-9.070, Florida Administrative Code (F.A.C.). After further consideration of the facts in this matter, the Agency hereby rescinds the sanction of the above noted Medicaid Provider number(s) and you have no further obligations regarding the previous letter.

If you have any questions, please contact Vonniciel M. Blackmon, Investigator at 850-412-4600.

Sincerely,

-0

Horace1Jozier

Field Office Manager Office of Inspector General Medicaid Program Integrity

Enclosures

cc: Kim Kellum, AHCA Office of the General Counsel James Coste, AHCA Administrator

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Health Quality Assurance (HQA)

2727 Mahan Drive, MS# 6

Tallahassee, Florida 32308

Visit AHCA Online at

http://ahca.myflorida.com

Composite Exhibit B

Docket for Case No: 11-001751MPI

Orders for Case No: 11-001751MPI