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AGENCY FOR HEALTH CARE ADMINISTRATION vs SHARING FACILITY GROUP HOME, 12-001841MPI (2012)

Court: Division of Administrative Hearings, Florida Number: 12-001841MPI Visitors: 12
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: SHARING FACILITY GROUP HOME
Judges: STUART M. LERNER
Agency: Agency for Health Care Administration
Locations: Port St. Lucie, Florida
Filed: May 18, 2012
Status: Closed
Recommended Order on Thursday, February 21, 2013.

Latest Update: Apr. 29, 2013
Summary: Whether Respondent engaged in sanctionable conduct in violation of Medicaid laws, as alleged in the April 9, 2012, sanction letters the Agency for Health Care Administration (ACHA) sent to Respondent in the above-styled cases, and, if so, what sanction(s) should be imposed.AHCA failed to meet burden of proving that provider engaged in sanctionable conduct by failing to maintain required training documents (12-1841MPI ) and to produce required health assessment forms (12-1664MPI), as alleged.
12001664AFO


STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Petitioner,

V.


SHARING FACILITY GROUP HOME,

ZOIJ APR 29 A 9: 08


DOAH CASE NOS. 12-1664MPI

12-1841MPI C.I. NOS. 12-2009-000

12-1884-000

Rl:NDITION NO.: AHCA-/.J- 4/0 -FOF-MDO


Respondent.

                                                                I


FINAL ORDER


This case was referred to the Division of Administrative Hearings (DOAH) where the assigned Administrative Law Judge (ALJ), Stuart M. Lerner, issued a Recommended Order after conducting a formal hearing. At issue in this proceeding is whether Respondent committed the violations alleged in the Agency's April 9, 2012 sanction letters, and, if so, what penalty should be imposed. The Recommended Order dated February 21, 2013, is attached to this Final Order and incorporated herein by reference.

RULING ON EXCEPTIONS


The parties did not file any exceptions to the Recommended Order.


FINDINGS OF FACT


The Agency adopts the findings of fact set forth in the Recommended Order.


CONCLUSIONS OF LAW


The Agency adopts the conclusions of law set forth in the Recommended Order.


IT IS THEREFORE ADJUDGED THAT:


The Agency's April 9, 2012 sanction letters issues in these matters are hereby dismissed.


The parties shall govern themselves accordingly.


Filed April 29, 2013 11:16 AM Division of Administrative Hearings

DONE and ORDERED this c,24'> day of             Florida.

, 2013, in Tallahassee,


UDEK, SECRETARY

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 AHCA, 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_;;?Y ay of- ,

p,/.2013. c                

RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS #3

Tallahassee, Florida 32308

(850) 412-3630


COPIES FURNISHED TO:


Honorable Stuart M. Lerner Administrative Law Judge Division of Administrative Hearing The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060


Rachic A. Wilson, Esquire Assistant General Counsel


2

Curtis Randolph, Esquire 2801 Orange Avenue, Suite B Fort Pierce, Florida 34947


Office of the Inspector General Medicaid Program Integrity


Finance & Accounting


3


Docket for Case No: 12-001841MPI
Issue Date Proceedings
Apr. 29, 2013 (Agency) Final Order filed.
Feb. 21, 2013 Recommended Order (hearing held October 12, 2012). CASE CLOSED.
Feb. 21, 2013 Recommended Order cover letter identifying the hearing record referred to the Agency.
Feb. 08, 2013 Agency for Health Care Administration's Proposed Recommended Order filed.
Feb. 07, 2013 Respondent`s Proposed Recommended Orders filed.
Jan. 25, 2013 Order Granting Extension of Time.
Jan. 23, 2013 Joint Status Report and Motion for Extension of Time to File Proposed Recommened Orders filed.
Jan. 14, 2013 Order Requiring Further Status Report.
Jan. 11, 2013 Joint Status Report (filed in Case No. 12-001841MPI).
Dec. 12, 2012 Order Requiring Status Report and Extending Proposed Recommended Order Filing Deadline.
Dec. 10, 2012 Joint Motion for Extension of Time to File Proposed Recommended Orders filed.
Dec. 06, 2012 CASE STATUS: Motion Hearing Held.
Dec. 06, 2012 CASE STATUS: Motion Hearing Held.
Nov. 14, 2012 Transcript of Proceedings (not available for viewing) filed.
Nov. 07, 2012 Order Closing Evidentiary Record and Requiring Status Report.
Nov. 05, 2012 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Nov. 05, 2012 AHCA's Notice of Filing Exhibit J.
Oct. 30, 2012 Order Granting Motion to Hold Record Open Additional Time.
Oct. 29, 2012 Agency for Health Care Administration's Motion for Leave of Court to Maintain Open Record for Additional Time (filed in Case No. 12-001841MPI).
Oct. 29, 2012 Agency for Health Care Administration's Motion for Leave of Court to Maintain Open Record for Additional Time filed.
Oct. 25, 2012 Notice of Filing Proposed Exhibits (exhibits not available for viewing) filed.
Oct. 23, 2012 Notice of Filing Exhibit G.
Oct. 12, 2012 CASE STATUS: Hearing Held.
Oct. 05, 2012 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 04, 2012 Notice of Filing Proposed Exhibits.
Sep. 10, 2012 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 12, 2012; 9:00 a.m.; Port St. Lucie, FL).
Sep. 07, 2012 Unopposed Motion for Continuance filed.
Sep. 06, 2012 Petitioner's Proposed Exhibits (exhibits not available for viewing)
Sep. 06, 2012 Petitioner's Proposed Exhibits (exhibits not available for viewing)
Sep. 06, 2012 Agency for Healthcare Administration's (Proposed) Exhibit List (filed in Case No. 12-001841MPI).
Sep. 06, 2012 Agency for Healthcare Administration's Witness List filed.
Aug. 14, 2012 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 13, 2012; 9:00 a.m.; Port St. Lucie, FL).
Aug. 13, 2012 Unopposed Motion for Continuance filed.
Jul. 10, 2012 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for August 21, 2012; 9:00 a.m.; Port St. Lucie, FL).
Jul. 10, 2012 Order of Consolidation (DOAH Case Nos. 12-1664MPI and 12-1841MPI).
Jul. 09, 2012 Unopposed Motion for Continuance filed.
Jul. 02, 2012 Motion to Consolidate filed.
Jun. 01, 2012 Order of Pre-hearing Instructions.
Jun. 01, 2012 Notice of Hearing by Video Teleconference (hearing set for July 26 and 27, 2012; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
May 30, 2012 Joint Response to Initial Order filed.
May 18, 2012 Initial Order.
May 18, 2012 Notice (of Agency referral) filed.
May 18, 2012 Petition for Formal Hearing filed.
May 18, 2012 Agency action letter filed.

Orders for Case No: 12-001841MPI
Issue Date Document Summary
Apr. 29, 2013 Agency Final Order
Feb. 21, 2013 Recommended Order AHCA failed to meet burden of proving that provider engaged in sanctionable conduct by failing to maintain required training documents (12-1841MPI ) and to produce required health assessment forms (12-1664MPI), as alleged.
Source:  Florida - Division of Administrative Hearings

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