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SUNRISE COMMUNITY, INC. ET AL vs AGENCY FOR HEALTH CARE ADMINISTRATION, 19-004177 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-004177 Visitors: 4
Petitioner: SUNRISE COMMUNITY, INC. ET AL
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: JOHN D. C. NEWTON, II
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Aug. 06, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 5, 2019.

Latest Update: Oct. 11, 2019
19004177_282_10112019_15103947_e



STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


SUNRISE COMMUNITY, INC.,


Petitioner,

AHCA

AGnJCY CLERK

2019 SEP 2b P 12= 2


vs. Case No. 19-4177

VERSA No. 2016007891

Case No. 19-4178

VERSA No. 2016007892

Engagement No. DD16-015C Engagement No. DD16-016C

Case No. 19-4179 Case No. 19-4180

VERSA No. 2016007893 VERSA No. 2016007894

Engagement No. DD16-017C Engagement No. DD16-018C

Case No. 19-4181 Case No. 19-4182

VERSA No. 2016007895 VERSA No. 2016007896

Engagement No. DD16-019C Engagement No. DDl6-020C


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINJSTRA TION,


Respondent.

I


FINAL ORDER


THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION


(the "Agency") concerning six (6) examination reports for the period ending June 30, 2014. In letters dated March 6, 2019, Petitioner was informed that the Agency had completed an examination of its Medicaid cost reports for the reporting period specified in the letters. The letters consisted of examination reports that notified Petitioner of adjustments to its cost reports for the reporting period specified in each letter. Adjustments to the cost report impact the rate of Medicaid payments to Petitioner. A retroactive rate adjustment can result in an overpayment determination for which Petitioner is obligated to repay. The original Examination Reports are attached hereto and incorporated by reference herein as Composite Exhibit A.


I


Filed October 11, 2019 3:10 PM Division of Administrative Hearings

The Petitioner filed a Petition for Formal Administrative Hearing with respect to the Examination Reports that was forwarded by the Agency Clerk to the Division of Administrative Hearings ("DOAH").

On August 14, 2019, the Agency agreed to revise the Examination Reports, and filed Amended Examination Reports with DOAH. The revisions were by handwritten notes and interlineations to the original Examination Reports. The Amended Examination Reports are attached hereto and incorporated by reference as Composite Exhibit B.

On August 30, 2019, the Petitioner filed its Request for Entry of Recommended Order Adopting the Amended Examination Reports, and agreed to the voluntary dismissal of the six (6) consolidated DOAH cases. The Request is attached as Exhibit C.

On September 5, 2019, an Order Closing Case and Relinquishing Jurisdiction was issued by DOAH as a result of the voluntary dismissal.

ORDER


BASED on the foregoing, it is hereby ORDERED and ADJUDGED:


  1. The Agency incorporates and adopts the statements and conclusions of law as set forth in the attached Composite Exhibit B. By virtue of Petitioner's voluntary dismissal, the facts support the conclusion that the cost report adjustments are true and accurate and form the basis for any corresponding rate adjustments.

  2. The rate adjustments will be assessed immediately and any overpayments which resulted are due and owing to the Agency. Notice of the rate adjustment and any overpayments which result from the retroactive rate adjustment will be conveyed to Petitioner. At that time, Petitioner is obligated to repay the overpayment or make satisfactory arrangements with the Agency.

  3. The above-styled case is closed.

    DONE and ORDERED this cJL, day of _ _,<ys.i· --,---'f-"

    County, Florida.

    ,2019, in Tallahassee, Leon

    ►.

    . .., '11".. L',,,

    • L .- -

EW,

a h 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:


Sunrise Community, Inc. 9040 Sunset Drive

Miami, FL 33173 (U.S. Mail)


Toriano Hatcher

Audit Services Administrator (Electronic mail)


Bureau of Financial Services (Electronic mail)


Steven Malono, Esq. Office of General Counsel (Electronic mail)


Stefan R. Grow, General Counsel (Electronic Mail)


Shena L. Grantham, Esquire MAL & MPI Chief Counsel (by Electronic Mail)

Steven M. Weinger, Esq. 1881 S. Bayshore Drive Miami, FL 33133 Weingerlaw@gmail.com (Electronic mail)


Zainab Day, Regulatory Analyst Supervisor, MPF

(Electronic Mail)


Deborah Kenon, Government Operations Consultant, MPF

(Electronic Mail)


State of Florida, Division of Administrative Hearings

The Desoto Building 1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

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 Z


Ri

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: 19-004177
Issue Date Proceedings
Oct. 11, 2019 Agency Final Order filed.
Sep. 05, 2019 Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
Sep. 04, 2019 Respondent's Response to Petitioner's Request for Entry of Recommended Order Adopting the Amended Examination Reports filed.
Aug. 30, 2019 Petitioner's Answer to Respondent's Notice of Filing Amended Examination Reports and Compliance With Order to Amend Examination Report and Answer and Request for Entry of Recommended Order Adopting the Amended Examination Reports filed.
Aug. 29, 2019 Order of Pre-hearing Instructions.
Aug. 29, 2019 Notice of Hearing (hearing set for October 2, 2019; 9:00 a.m.; Tallahassee, FL).
Aug. 28, 2019 Respondent's Notice of Filing Amended Examination Reports filed.
Aug. 28, 2019 Order to Amend Examination Report and Answer.
Aug. 27, 2019 CASE STATUS: Status Conference Held.
Aug. 26, 2019 Notice of Telephonic Status Conference (status conference set for August 27, 2019; 2:00 p.m.).
Aug. 22, 2019 Petitioner's Response to Respondent's Motion for Status Conference filed.
Aug. 22, 2019 Respondent's Motion for Status Conference filed.
Aug. 21, 2019 Order of Consolidation (DOAH Case Nos. 19-4177, 19-4178, 19-4179, 19-4180, 19-4181, 19-4182).
Aug. 12, 2019 Agreed Motion to Consolidate filed.
Aug. 12, 2019 Joint Response to Initial Order filed.
Aug. 07, 2019 Initial Order.
Aug. 06, 2019 Petition of Sunrise Community, Inc. and the Following Cluster Facilities Initiating Formal Proceeding regarding State of Florida Agency for Health Care Administration Letters (and All Attachments Thereto) filed.
Aug. 06, 2019 Agency action letter filed.
Aug. 06, 2019 Notice (of Agency referral) filed.

Orders for Case No: 19-004177
Issue Date Document Summary
Sep. 26, 2019 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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