Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: AMERICARE HOME HEALTH CARE SERVICES, INC.
Judges: EDWARD T. BAUER
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Oct. 10, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 5, 2013.
Latest Update: Sep. 12, 2014
12003283AFOILED
STATE OF FLORIDA ,\HCA AGENCY FOR HEALTH CARE ADMINISTRATION . =-ncy CLERK
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,
/\ ""· .. rJ:-q.
vs.
Petitioner,
DOAH CASE NO.: 12-3283MPI PROVIDER NO.: 650911800
LICENSE NO.: 20137095
C.I. NO.: 12-2378-000
AMERICARE HOME HEALTH CARE SERVICES, INC.,
Respondent.
/
FINAL ORDER
On August 30, 2012, the Agency for Health Care Administration ("AHCA" or "Agency"), Bureau of Medicaid Program Integrity, issued a Final Audit Report to Respondent, reflecting that Respondent owed AHCA the following. (SEE EXHIBIT 1)
Overpayment: Fines:
Cost:
$19,306.88
$3,861.38 for violation(s) of Rule 59G-9.070(7)(e), F.A.C.
$105.18
Grand Total: $23,273.44
On September 26, 2012, Respondent filed a Request for Administrative Hearing
at the Division of Administrative Hearings. (SEE EXHIBIT 2)
On March 19, 2013, the Agency notified Respondent of the following adjustments regarding the above-referenced case. (SEE EXHIBIT 3)
Overpayment: Fines:
Cost:
$0.00
$0.00 for violation(s) of Rule 59G-9.070(7)(e), F.A.C.
$0.00
Grand Total: $0.00
Agency for Health Care Administration vs. Americare Home Health Care Services, Inc.
DOAH CASE NO.: 12-3283MPI
Page 1 of4
Filed May 14, 2013 12:56 PM Division of Administrative Hearings
On March 25, 2013, AHCA filed Agency for Health Care Administration's Notice of Adjustments, wherein AHCA outlined the adjustments - and noted that the matters complained of in Respondent's Petition for Formal Administrative Hearing are moot. (SEE EXHIBIT 4)
On March 28, 2013, AHCA filed Agency for Health Care Administration's Motion to Dimiss due to the above-referenced adjustments. (SEE EXHIBIT 5)
On April 1, 2013, Respondent filed its response to AHCA's notice of the adjustments. (SEE EXHIBIT 6) To date, Respondent has not signed a Settlement Agreement.
On April 5, 2013, Administrative Law Judge Edward T. Bauer issued an Order Closing File. (SEE EXHIBIT 7)
As of April 5, 2013, AHCA has recouped $19,306.88 in Medicaid reimbursements from Respondent, pursuant to section 409.913(27), Florida Statutes.
Within thirty (30) days after the Final Order has been issued, AHCA agrees to refund Respondent in the amount of $19,306.88.
7J/7
Based on the foregoing, this file is hereby CLOSED. DONE AND ORDERED on this day of
Tallahassee, Florida.
, 2013, m
beth Dudek, Seer ary
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 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:
Dr. Joseph P. D'Angelo Americare Home Health Care Services, Inc.
20 Northwest 181st Street Miami, FL 33169
Telephone: (305) 770-1141
Facsimile: (305) 655-3817 Email: Docd77@aol.com
(Via Electronic Mail and U.S. 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 Finance and Accounting 2727 Mahan Drive
Building 2, Mail Station 14
Tallahassee, Florida 32308 (Interoffice Mail)
Richard Zenuch, Bureau Chief Medicaid Program Integrity 2727 Mahan Drive
Building 2, Mail Station 6
Tallahassee, Florida 32308 (Interoffice Mail)
Eric W. Miller, Inspector General Medicaid Program Integrity
2727 Mahan Drive
Building 2, Mail Station 6
Tallahassee, Florida 32308 (Interoffice Mail)
Division of Administrative Hearings The Desoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060 (Via U.S. Mail)
Bureau of Health Quality Assurance 2727 Mahan Drive, Mail Stop 9
Tallahassee, Florida 32308 (Interoffice Mail)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the above named addressees by U.S. Mail, or the method designated, on this the /fJ
--7/1-/a--/ , 2013.
Agency Clerk
State of Florida, Agency for Health Care Administration 2727 Mahan Drive
Building #3, Mail Station #3
Tallahassee, Florida 32308-5403
Docket for Case No: 12-003283MPI
Issue Date |
Proceedings |
Sep. 12, 2014 |
Letter to Judge Bauer from Dr. Joseph D'angelo regarding reimbursement of representative fees and costs filed.
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Jul. 17, 2014 |
Americare's Notice to Seek Representative's Fees and Cost filed.
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Jun. 16, 2014 |
Americare's Notice to Seek Representative's Fees and Cost filed.
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May 17, 2013 |
Americare Home Health Care Services, Inc.'s (Proposed) Amended Final Order filed.
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May 14, 2013 |
Agency Final Order filed.
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May 09, 2013 |
Letter to Judge Bauer from J. D'Angelo regarding a payment filed.
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May 08, 2013 |
Letter to Judge Bauer from J. D'Angelo regarding a copy of the final order filed.
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Apr. 22, 2013 |
Letter to T. Hardin from J. D'Angelo regarding responding to a lettter dated April 16, 2013 filed.
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Apr. 19, 2013 |
Letter to T. Hardin from J. D'Angelo regarding dismissal filed.
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Apr. 10, 2013 |
Transmittal letter from Claudia Llado returning Petitioner's Proposed Exhibits numbered 1-10.
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Apr. 10, 2013 |
Transmittal letter from Claudia Llado returning Respondent's Proposed Exhibits numbered 1-11.
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Apr. 05, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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Apr. 01, 2013 |
Americare Home Health Care Services, Inc.'s Response to Agency for Health Care Administration Notice of Adjustments filed.
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Mar. 29, 2013 |
Americare Home Health Care Services, Inc.'s Response to Agency for Health Care Administration Motion to Dismiss filed.
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Mar. 28, 2013 |
Americare Home Health Care Services, Inc.'s Response to Agency for Health Care Administration Notice of Adjustments Re: Motion to Dismiss filed.
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Mar. 28, 2013 |
Agency for Health Care Administration's Motion to Dismiss filed.
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Mar. 25, 2013 |
Agency for Health Care Administration's Notice of Adjustments filed.
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Feb. 27, 2013 |
Americare Home Health Care Services, Inc.'s Response to Agency for Health Care Administration's Request for Production of Document, Answers to Admission, Answers to Interrogatories filed.
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Feb. 27, 2013 |
Respondent's Answers to Petitioner's First Request for Admissions filed.
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Feb. 27, 2013 |
Respondent's Answers to Petitioner's Interrogatories filed.
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Feb. 27, 2013 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Feb. 27, 2013 |
Americare Home Health Care Services, Inc. Witness List filed.
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Feb. 27, 2013 |
Americare Home Health Care Services, Inc.'s Notice of Filing (Americare Home Health Care Services Witness List, Exhibits, Answer to Agency for Health Care Adminstration's First Request for Interrogatories, and Response to Agency for Health Care Administration Request for Admissions).
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Feb. 15, 2013 |
Letter to Judge Bauer from J. D'Angelo regarding disregard telephone agreement filed.
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Feb. 14, 2013 |
Agency for Health Care Administration's "Notice of Filing" in Compliance with 1/31/13 Order filed.
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Feb. 01, 2013 |
Letter to T. Hardin from J. D'Angelo regarding pre-resolution repayment agreement filed.
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Jan. 31, 2013 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 14 and 15, 2013; 9:00 a.m.; Miami, FL).
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Jan. 30, 2013 |
CASE STATUS: Motion Hearing Held. |
Jan. 28, 2013 |
Letter to Judge Bauer from Dr. Joseph P. D'Angelo requesting a continuance (Medical Records filed; not available for viewing). |
Jan. 28, 2013 |
Agency for Health Care Administration's Response to Respondent's January 25, 2013, Motion for Continuance filed.
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Jan. 25, 2013 |
Respondent, Americare Home Health Care Services, Inc. Motion for Continuance filed.
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Jan. 18, 2013 |
Order Permitting Respondent to Appear Telephonically.
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Jan. 15, 2013 |
Agency for Health Care Administration's Response to Respondent's January 15, 2013, Motion to Appear Telephonically filed.
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Jan. 15, 2013 |
Respondent's Motion to Appear Telephonically filed.
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Jan. 09, 2013 |
Order Re-scheduling Hearing (hearing set for February 12 and 13, 2013; 9:00 a.m.; Tallahassee, FL).
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Jan. 09, 2013 |
Agency for Health Care Administration's Motion for Taking of Official Recognition filed.
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Jan. 09, 2013 |
Notice of Transfer.
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Jan. 09, 2013 |
Agency for Health Care Administration's Motion to Restrict Use and Disclosure of Information Concerning Medicaid Program Applicants and Beneficiaries filed.
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Jan. 08, 2013 |
AHCA's Notice of Intent to Seek Investigative, Legal and Expert Witness Costs filed.
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Jan. 08, 2013 |
Agency for Health Care Administration's First Request for Admissions filed.
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Jan. 08, 2013 |
Agency for Health Care Administration's First Request for Production of Documents filed.
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Jan. 08, 2013 |
Agency for Health Care Administration's First Set of Interrogatories and Expert Interrogatories to Respondent filed.
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Jan. 08, 2013 |
Agency for Health Care Administration's Notice of Service of First Set of Interrogatories, Expert Interrogatories, Request for Admissions and Request for Production filed.
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Dec. 21, 2012 |
Americare Home Health Care Services, Inc. Response to Petitioner Motion to Reschedule Hearing filed.
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Dec. 21, 2012 |
Agency for Health Care Administration's Motion to Reschedule Hearing filed.
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Dec. 20, 2012 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for February 14 and 15, 2013; 9:00 a.m.; Tallahassee, FL).
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Dec. 20, 2012 |
Agency for Health Care Administration's Response to "Respondent's Motion to Request Extension of Time to Produce Additional Documents," Dated December 14, 2012 filed.
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Dec. 19, 2012 |
Respondent's Motion for Extension of Time to Produce Additional Documents filed.
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Dec. 19, 2012 |
Notice of Unavailability of AHCA Counsel filed.
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Dec. 17, 2012 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Dec. 17, 2012 |
Agency for Health Care Administration's Witness and (Proposed) Exhibit List filed.
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Oct. 19, 2012 |
Letter to T. Hardin from J. DAngelo regarding 90 day abeyance filed.
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Oct. 18, 2012 |
Letter to T. Hardin from J. D'Angelo regarding no ojections to placing the case in abeyance filed.
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Oct. 18, 2012 |
Order of Pre-hearing Instructions.
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Oct. 18, 2012 |
Notice of Hearing (hearing set for January 10 and 11, 2013; 9:00 a.m.; Tallahassee, FL).
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Oct. 17, 2012 |
Response to Initial Order filed.
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Oct. 17, 2012 |
Agency for Health Care Administration's Unilateral Response to Initial Order filed.
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Oct. 10, 2012 |
Initial Order.
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Oct. 10, 2012 |
Request for Administrative Hearing filed.
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Oct. 09, 2012 |
Notice (of Agency referral) filed.
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Oct. 09, 2012 |
Final Agency Audit Report filed.
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Orders for Case No: 12-003283MPI