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AGENCY FOR HEALTH CARE ADMINISTRATION vs ACR COMMUNITY SERVICES, LLC, 18-003878MPI (2018)

Court: Division of Administrative Hearings, Florida Number: 18-003878MPI Visitors: 10
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: ACR COMMUNITY SERVICES, LLC
Judges: LISA SHEARER NELSON
Agency: Agency for Health Care Administration
Locations: Lauderdale Lakes, Florida
Filed: Jul. 24, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 13, 2018.

Latest Update: Feb. 11, 2019
18003878_282_12282018_15041842_e

of $6,002,378.21, plus a fine in the amount of $402,000.00 for a total of $6,404,378.21, together with statutory interest, as set forth in section 409.913(25)(c), Florida Statutes.

  1. Furthermore, Provider is advised that, pursuant to section 409.913, Florida Statutes, failure to pay in full, or enter into and abide by the terms of any repayment schedule set forth by the Agency may result in termination from the Medicaid program, withholding of future Medicaid payments, or other such remedies as provided by law.

  2. Finally, because the Agency has prevailed in this matter (and the Provider does not contest the Agency's findings, as reflected in the FAR), the Agency is entitled to recover from the Provider "all investigative, legal and expert witness costs" associated with this matter.

    § 409.913(23)(a), Fla. Stat. The parties shall attempt to agree to the amount of investigative, legal, and expert witness costs for this matter. If the parties are unable to reach such agreement, either party may file a request for hearing with DOAH under this case style within 30 days of the date of rendition of this Final Order, and the ALJ who presided over this matter shall determine the amount of such costs.

  3. The above-styled case is closed.


DONE and ORDERED this o day of No , 2018, in Tallahassee, Florida.


IOR, 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 BYLAW, 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:


Michael Paul Gennett, Esquire Akerman, LLP

350 East Las Olas Boulevard, Suite 1600 Fort Lauderdale, Florida 33301 Mi_cb,1c_l.gc1mct t gak crma11. ()!11


Angela D. Miles, Esquire Ratley Law Firm, P.A.

301 South Bronough, Suite 200

Tallahassee, Florida 32301

amilcs(a radcylaw.com


Shena L. Grantham, Esquire Joseph G. Hem, Jr., Esquire Bradley S. Butler, Esquire

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308 (Electronic Mail)


Division of Health Quality Assurance Bureau of Health Facility Regulation BHFR(a ahca.myflorida.com

Christopher Brian Lunny, Esquire Ratley Law Firm, P.A.

301 South Bronough Street, Suite 200

Tallahassee, Florida 32301

1- mn_y@ra _ticy!J1\v.c_srn1

Karen Asher-Cohen, Esquire Ratley Law Firm, P.A.

301 South Bronough Street Tallahassee, Florida 32301

arcn(a:radcylaw.com


Division of Health Quality Assurance Bureau of Central Services

CSMU-86(0.ahca.myflorida.com


Bureau of Financial Services (Electronic Mail)


Kelly Bennett, Chief, MPI

(Electronic 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 other designated method on this the of

,;J/v.--42018.


Agency Clerk State of Florida

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

Tallahassee, Florida 32308-5403

(850) 412-3689/FAX (850) 921-0158


Docket for Case No: 18-003878MPI
Issue Date Proceedings
Feb. 11, 2019 Agency Final Order filed.
Dec. 28, 2018 Agency Final Order filed.
Dec. 28, 2018 Petition for Recovery of Fees and Costs filed. (DOAH CASE 18-6788F ESTABLISHED)
Nov. 13, 2018 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 13, 2018 Respondent's Voluntary Dismissal of It's Petition for Formal Administrative Hearing filed.
Nov. 09, 2018 Petitioner's Notice of Service of Third Amended Responses to Respondent's First Set of Interrogatories filed.
Nov. 08, 2018 AHCA's Third Amended Response to Respondent's First Set of Interrogatories filed.
Nov. 08, 2018 Amended Notice of Hearing by Video Teleconference (hearing set for November 26 through 30 and December 3 through 7, 2018; 9:30 a.m.; Lauderdale Lakes and Tallahassee, FL; amended as to hearing room location).
Nov. 08, 2018 Notice of Taking Continued Deposition of Dialeni Aguilera filed.
Nov. 08, 2018 AHCA's Notice of Taking Rule 1.310(b)(6) Continued Corporate Representative Deposition of ACR Community Services, LLC filed.
Nov. 07, 2018 Petitioner's Notice of Service of Second Amended Responses to Respondent's First Set of Interrogatories filed.
Nov. 07, 2018 Petitioner's Notice of Service of Responses to Respondent's Second Set of Interrogatories filed.
Nov. 07, 2018 Petitioner's Notice of Taking Continued Third Party Deposition of Leydi E. Espinosa filed.
Nov. 07, 2018 Petitioner's Notice of Taking Continued Third Party Deposition of Maydel Diaz-Valdes filed.
Nov. 05, 2018 HIPAA Qualified Protective Order.
Nov. 05, 2018 Joint Motion for Entry of HIPAA Qualified Protective Order filed.
Nov. 02, 2018 Petitioner's Notice of Service of Amended Responses to Respondent's First Set of Interrogatories filed.
Nov. 01, 2018 Amended Notice of Hearing by Video Teleconference (hearing set for November 26 through 30 and December 3 through 7, 2018; 9:30 a.m.; Lauderdale Lakes and Tallahassee, FL; amended as to hearing room location).
Oct. 31, 2018 CASE STATUS: Motion Hearing Held.
Oct. 24, 2018 Respondent's Request to Appear at Hearing by Video-Conference filed.
Oct. 23, 2018 Petitioner's Amended Notice of Taking Third Party Deposition of Maydel Diaz-Valdes filed.
Oct. 23, 2018 Petitioner's Amended Notice of Taking Third Party Deposition of Leydi E. Espinosa filed.
Oct. 08, 2018 Notice of Taking Deposition of Dialeni Aguilera filed.
Oct. 08, 2018 Notice of Taking Deposition of Ana P. Cruz filed.
Oct. 08, 2018 Respondent ACR Community Services, LLC's Responses to Petitioner's First Request for Admissions filed.
Oct. 05, 2018 Respondent's Notice of Service of Second Set of Interrogatories to Petitioner filed.
Oct. 04, 2018 Petitioner's Third Request for Production of Documents to Respondent filed.
Oct. 04, 2018 Petitioner's First Request for Admissions to ACR Community Services, LLC filed.
Oct. 03, 2018 Respondent's Notice of Service of Responses to Petitioner's First Set of Interrogatories; and First and Second Requests for Production of Documents filed.
Sep. 27, 2018 Petitioner's Second Request for Production of Documents to Respondent filed.
Sep. 26, 2018 Petitioner's Notice of Taking Third Party Deposition of Maydel Diaz-Valdez filed.
Sep. 26, 2018 Petitioner's Notice of Taking Third Party Deposition of Leydi E. Espinosa filed.
Sep. 26, 2018 Notice of Taking Deposition of Anele Diaz, PsyD, LMHC filed.
Sep. 21, 2018 Order Denying Motion to Compel.
Sep. 20, 2018 Respondent's Motion for Leave to Reply to AHCA's Response to Motion to Compel filed.
Sep. 19, 2018 AHCA's Notice of Taking Rule 1.310(b)(6) Corporate Representative Deposition of ACR Community Services, LLC filed.
Sep. 18, 2018 AHCA's Response to ACR Community Services, LLC's Amended First Motion to Compel Production of Documents filed.
Sep. 17, 2018 (Respondent) Amended Notice of Taking Deposition (S. Gregie) filed.
Sep. 11, 2018 Respondent's Amended First Motion to Compel Production of Documents filed.
Sep. 10, 2018 Order Denying Motion to Compel.
Sep. 10, 2018 Petitioner's Notice of Filing First Set of Interrogatories to Respondent filed.
Sep. 07, 2018 Petitioner's First Request for Production of Documents to Respondent filed.
Sep. 07, 2018 Respondent's First Motion to Compel Production of Documents filed.
Aug. 31, 2018 AHCA's Response to ACR Community Services, LLC's First Request for Production filed.
Aug. 31, 2018 Petitioner's Notice of Service of Responses to Respondent's First Set of Interrogatories filed.
Aug. 20, 2018 Notice of Taking Deposition filed.
Aug. 20, 2018 Notice of Appearance (Karen Asher-Cohen) filed.
Aug. 13, 2018 Notice of Hearing (hearing set for November 26 through 30 and December 3 through 7, 2018; 9:30 a.m.; Tallahassee, FL).
Aug. 13, 2018 Order of Pre-hearing Instructions.
Aug. 03, 2018 Amended Joint Response to Initial Order filed.
Aug. 01, 2018 Joint Response to Initial Order filed.
Jul. 30, 2018 Respondent's Notice of Intent to Serve Third Party Subpoena filed.
Jul. 30, 2018 Notice of Appearance (Christopher Lunny) filed.
Jul. 30, 2018 Notice of Appearance (Angela Miles) filed.
Jul. 27, 2018 Respondent's Notice of Service of First Set of Interrogatories and First Request for Production to Petitioner filed.
Jul. 25, 2018 Initial Order.
Jul. 24, 2018 Final Audit Report filed.
Jul. 24, 2018 Petition for Formal Administrative Hearing filed.
Jul. 24, 2018 Notice (of Agency referral) filed.

Orders for Case No: 18-003878MPI
Issue Date Document Summary
Nov. 30, 2018 Agency Final Order
Nov. 30, 2018 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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