95-005575
South Eastern Counseling Center, Inc. vs.
Agency For Health Care Administration
Status: Closed
Recommended Order on Thursday, June 20, 1996.
Recommended Order on Thursday, June 20, 1996.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8SOUTH EASTERN COUNSELING CENTER, )
13INC., )
15)
16Petitioner, )
18)
19vs. ) CASE NO. 95-5575
24)
25AGENCY FOR HEALTH CARE )
30ADMINISTRATION, )
32)
33Respondent. )
35_________________________________)
36A.R.T.S OF BREVARD, INC., )
41)
42Petitioner, )
44)
45vs. ) CASE NO. 95-5576
50)
51AGENCY FOR HEALTH CARE )
56ADMINISTRATION, )
58)
59Respondent. )
61_________________________________)
62CO-DEP COUNSELING CENTER, INC., )
67)
68Petitioner, )
70)
71vs. ) CASE NO. 95-5577
76)
77AGENCY FOR HEALTH CARE )
82ADMINISTRATION, )
84)
85Respondent. )
87_________________________________)
88COLONIAL COUNSELING ASSOCIATES, )
92)
93Petitioner, )
95)
96vs. ) CASE NO. 95-5578
101)
102AGENCY FOR HEALTH CARE )
107ADMINISTRATION, )
109)
110Respondent. )
112_________________________________)
113RECOMMENDED ORDER
115Pursuant to notice, the Division of Administrative Hearings, by its duly
126designated Hearing Officer, Mary Clark, held a formal hearing in the above-
138styled consolidated cases on May 14, 1996, in Tallahassee, Florida.
148APPEARANCES
149For Petitioner: John M. Knight, Esquire
1552804 Remington Green Circle, Suite 4
161Tallahassee, Florida 32308
164For Respondent: Gordon Scott, Senior Attorney
170Agency for Health Care Administration
175Fort Knox 3, Suite 3431
1802727 Mahan Drive
183Tallahassee, Florida 32308-5403
186STATEMENT OF THE ISSUE
190The issue for resolution is whether Petitioners' Medicaid provider numbers
200should be cancelled as proposed by the respondent agency.
209PRELIMINARY STATEMENT
211On or about October 1, 1995, the Agency for Health Care Administration
223(Agency) notified each of the above petitioners that their Medicaid provider
234numbers were being cancelled for their failure to have a contract with the
247Department of Health and Rehabilitative Services. The letter cited section
257409.906(8), Florida Statutes, as authority and provided the right to a Chapter
269120 hearing to challenge the agency action.
276After timely requests for such hearings and referral to the Division of
288Administrative Hearings, the four cases were consolidated and proceeded as
298described above.
300At the commencement of the hearing the hearing officer considered
310Petitioners' motion in limine to exclude a December 1995 version of the Medicaid
323handbook describing requirements for community mental health services. The
332motion in limine was denied, but the weight to be accorded the document was
346specifically reserved. The exhibit, received in evidence as Respondent's
355exhibit no. 2, has been considered but is determined to be immaterial, as more
369fully explained below.
372Without objection, Petitioners' exhibits nos. 1-27 were received in
381evidence, including a deposition of Sara "Sally" Morton, a program administrator
392in the Agency's Medicaid Program Development Office. Respondent's exhibits nos.
4021 and 2 were received in evidence. After the exhibits were marked and received
416the parties stipulated that there were no disputed issues of material fact and
429no need to take testimony.
434On June 3, 1996, the parties filed proposed recommended orders with
445thorough legal argument. The findings of fact proposed by each are
456substantially adopted here.
459FINDINGS OF FACT
4621. At all times material each of the petitioners was licensed by the
475Department of Health and Rehabilitative Services in accordance with Chapter 397,
486Florida Statutes. Each was enrolled as a mental health provider in the Florida
499Medicaid program under section 409.906(8), Florida Statutes, administered by the
509Agency for Health Care Administration (Agency).
5152. The Agency's handbook describing community mental health Medicaid
524provider requirements states that to be enrolled in Medicaid a provider must
536have a current contract for the provision of community mental health services or
549hold a regular license from the Department of Health and Rehabilitative Services
561(HRS) as an alcohol or drug abuse treatment and prevention program. The
573petitioners were licensed but did not have and still do not have contracts with
587HRS' Alcohol, Drug Abuse and Mental Health program office.
5963. In or about April 1995, staff in the agency's Medicaid program office
609revisited a prior interpretation of the Medicaid statute and determined that an
621HRS contract was required. After consulting with HRS as to which providers were
634under contract, the agency sent notices to those, including petitioners, which
645it deemed were out of compliance.
6514. The notification letter provides, in pertinent part:
659According to s. 409.906(8), Florida Statutes,
665Medicaid can pay for community mental health
672services that are provided in a mental health,
680drug abuse or alcohol abuse center that is
688licensed, if applicable, and under contract
694to the Department of Health and Rehabilitative
701Services (HRS), Alcohol, Drug Abuse and Mental
708Health (ADM) program office. Since your center
715does not have a contract with the ADM office,
724your Medicaid provider number must be cancelled.
731(Petitioners' exhibit no. 24)
735The letter was amended later in October to establish a 30-day delay in the
749termination effective date.
7525. As stipulated, the lack of contract is the only basis for termination
765of the petitioners' provider numbers. The agency does not consider this basis
777as a "violation" subject to sanction or discipline.
7856. Effective December 1995, the agency changed its Medicaid handbook to
796reflect the requirement of a current HRS contract for the provision of community
809mental health services.
812CONCLUSIONS OF LAW
8157. The Division of Administrative Hearings has jurisdiction over the
825parties and subject matter in this proceeding pursuant to section 120.57(1),
836Florida Statutes.
8388. Effective July 1, 1993, all powers, duties and functions, records,
849personnel and funds of the Medicaid program within HRS were transferred to the
862Agency for Health Care Administration. Section 58, Chapter 93-129, Laws of
873Florida.
8749. Section 409.902, Florida Statutes (1995), provides:
881409.902 Designated single state agency; pay-
887ment requirements; program title.- The Agency
893for Health Care Administration is designated
899as the single state agency authorized to make
907payments for medical assistance and related
913services under Title XIX of the Social Secur-
921ity Act. These payments shall be made, sub-
929ject to any limitations or directions provided
936for in the General Appropriations Act, only
943for services included in the program, shall be
951made only on behalf of eligible individuals,
958and shall be made only to qualified providers
966in accordance with federal requirements for
972Title XIX of the Social Security Act and the
981provisions of state law. This program of
988medical assistance is designated the
"993Medicaid program."
99510. Section 409.906, Florida Statutes (1995), provides, in pertinent part:
1005409.906 Optional Medicaid services.- Sub-
1010ject to specific appropriations, the agency
1016may make payments for services which are
1023optional to the state under Title XIX of the
1032Social Security Act and are furnished by Medi-
1040caid providers to recipients who are deter-
1047mined to be eligible on the dates on which the
1057services were provided.... Optional services
1062may include:
1064* * *
1067(8) COMMUNITY MENTAL HEALTH SERVICES.-[The
1072agency may pay for rehabilitative services
1078provided to a recipient in a mental health,
1086drug abuse, or alcohol abuse center licensed
1093by the agency and under contract to the Depart-
1102ment of Health and Rehabilitative Services],
1108which are psychiatric in nature and rendered
1115or recommended by a psychiatrist or which are
1123medical in nature and rendered or recommended
1130by a physician or psychiatrist. The agency
1137is authorized to utilize diagnostic criteria
1143in setting reimbursement rates, to preauthorize
1149certain high-cost or highly utilized services,
1155to limit or eliminate coverage for certain
1162services, or to make any other adjustments
1169necessary to comply with any limitations or
1176directions provided for in the General
1182Appropriations Act.
1184[emphasis added]
118611. The provision is peculiar, since it is not the agency (AHCA) but
1199rather the department (HRS) which licenses the centers. Prior to the transfer
1211of the Medicaid program to AHCA, section 409.906(8), Florida Statutes, provided:
1222(8) COMMUNITY MENTAL HEALTH SERVICES.- [The
1228department may pay for rehabilitative services
1234provided to a recipient in a mental health,
1242drug abuse, or alcohol abuse center licensed
1249by and under contract to the department], which
1257are psychiatric in nature and rendered or
1264recommended by a psychiatrist or which are
1271medical in nature and rendered or recommended
1278by a physician or psychiatrist.
1283[emphasis added]
1285(See section 35, Chapter 91-282, Laws of Florida)
1293Chapter 94-299, Laws of Florida, amended section 409.906 to change certain
1304references from the Department of Health and Rehabilitative Services to the
1315Agency for Health Care Administration. These changes to section 409.906(8),
1325Florida Statutes, are found in section 1 of the 1994 re-write:
1336(8) COMMUNITY MENTAL HEALTH SERVICES.- The
1342agency department may pay for rehabilitative
1348services provided to a recipient in a mental
1356health, drug abuse, or alcohol abuse center
1363licensed by the agency and under contract to
1371the Department of Health and Rehabilitative
1377Services department, which are psychiatric in
1383nature and rendered or recommended by a
1390psychiatrist or which are medical in nature
1397and rendered or recommended by a physician
1404or psychiatrist.
1406One might conjecture that the drafters intended to leave the "licensed by"
1418function in HRS and change to the agency "under contract to," but in spite of
1433other subsequent amendments to that same sub-section (see section 4, Chapter 95-
1445393, Laws of Florida), the possible oversight has not been corrected and the
1458language endures which plainly requires a contract with HRS.
146712. Contrary to Petitioners' argument, AHCA rule 59G-4.050, Florida
1476Administrative Code, provides authority for the HRS contract requirement:
148559G-4.050 Community Mental Health Services.
1490(1) For definitions refer to section
149659G-1.010, Florida Administrative Code
1500(F.A.C.).
1501(a) Community mental health services
1506provider.
15071A community mental health clinic or center
1514as defined in section 10E-4.010 or 10E-4.011,
1521F.A.C.; or
15232. An alcohol prevention and treatment or
1530drug abuse treatment and prevention program
1536as defined in Chapter 10E-16, F.A.C.; or
15433. Any other agency under contract with the
1551Department of Health and Rehabilitative
1556Services (HRS) to provide community mental
1562health services.
1564* * *
1567(c) All applications to become a provider
1574shall be accompanied by:
1578* * *
15814. A copy of the contract between the
1589enrolling community mental health services
1594provider and HRS.
1597This rule was in effect at the time that the agency sent its notice of
1612termination to the providers. The handbook change in December 1995 is of no
1625consequence except as a reflection of the agency's reasonable interpretation of
1636section 409.906(8), Florida Statutes. The agency has consistently applied that
1646interpretation in other Chapter 120 cases involving providers without HRS
1656contracts. See, Forest Hill Counseling Center v. AHCA, DOAH Case No. 95-5786
1668(Final Order 3/29/96); Alpha House of Tampa v. AHCA, DOAH Case No. 95-5675
1681(Final Order 3/31/96).
168413. The Petitioners in this case lack the requisite contracts and are not
1697entitled to enrollment as Medicaid providers.
1703RECOMMENDATION
1704Based on the foregoing, it is hereby RECOMMENDED that the Agency for Health
1717Care Administration enter its final order revoking the Petitioners' Medicaid
1727provider numbers.
1729DONE and ENTERED this 20th day of June, 1996, in Tallahassee, Florida.
1741___________________________________
1742MARY CLARK, Hearing Officer
1746Division of Administrative Hearings
1750The DeSoto Building
17531230 Apalachee Parkway
1756Tallahassee, Florida 32399-1550
1759(904) 488-9675
1761Filed with the Clerk of the
1767Division of Administrative Hearings
1771this 20th day of June, 1996.
1777COPIES FURNISHED:
1779Gordon Scott, Senior Attorney
1783Agency for Health Care Administration
1788Fort Knox 3, Suite 3431
17932727 Mahan Drive
1796Tallahassee, Florida 32308-5403
1799John M. Knight, Esquire
18032804 Remington Green Circle, Suite 4
1809Tallahassee, Florida 32308
1812Sam Power, Agency Clerk
1816Agency for Health Care
1820Administration
1821Ft. Knox Building 3, Suite 3431
18272727 Mahan Drive
1830Tallahassee, Florida 32308-5403
1833Jerome Hoffman, General Counsel
1837Agency for Health Care
1841Administration
18422727 Mahan Drive
1845Tallahassee, Florida 32308-5403
1848NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
1854All parties have the right to submit written exceptions to the Recommended
1866Order. All agencies allow each party at least 10 days in which to submit
1880written exceptions. Some agencies allow a larger period within which to submit
1892written exceptions. You should consult with the agency that will issue the
1904Final Order in this case concerning their rules on the deadline for filing
1917exceptions to this Recommended Order. Any exceptions to this Recommended Order
1928should be filed with the agency that will issue the Final Order in this case.
- Date
- Proceedings
- Date: 07/25/1996
- Proceedings: Final Order filed.
- Date: 06/03/1996
- Proceedings: Respondent`s Proposed Recommended Order filed.
- Date: 06/03/1996
- Proceedings: Petitioner`s Proposed Recommended Order filed.
- Date: 05/14/1996
- Proceedings: Deposition of Sara "Sally" Morton filed.
- Date: 05/14/1996
- Proceedings: CASE STATUS: Hearing Held.
- Date: 05/14/1996
- Proceedings: (Petitioners) Motion in Limine filed.
- Date: 04/02/1996
- Proceedings: Second Amended Notice of Hearing sent out. (hearing set for 5/14/96; 9:00am; Tallahassee)
- Date: 03/27/1996
- Proceedings: (Petitioners) Motion for Continuance filed.
- Date: 03/25/1996
- Proceedings: (Petitioners) Motion for Continuance filed.
- Date: 03/25/1996
- Proceedings: Amended Notice of Hearing sent out. (hearing set for 4/23/96; 9:00am;Tallahassee)
- Date: 03/22/1996
- Proceedings: Joint Prehearing Stipulation filed.
- Date: 03/19/1996
- Proceedings: Order Denying Consolidation sent out.
- Date: 03/14/1996
- Proceedings: (From J. Knight) Notice of Taking Deposition Duces Tecum filed.
- Date: 03/08/1996
- Proceedings: Total Recovery, Inc.`s Reply to Response in Opposition to Motion to Consolidate filed.
- Date: 03/07/1996
- Proceedings: (Respondent) Response in Opposition to Total Recovery, Inc.`s Partially Agreed to Motion to Consolidate w/cover sheet filed.
- Date: 02/27/1996
- Proceedings: (Total Recovery) Partially Agreed to Motion to Consolidate (Case #`s:95-5222, 95-5370, 95-5371, 95-5575, 95-5576, 95-5577, 95-5578, 95-5674, 95-5675, 95-5785, 95-5788, 95-5946 & 95-6043); Letter to Total Recovery, Inc. from G. Crayton Re: Cancellation
- Date: 02/21/1996
- Proceedings: (Petitioners) Response to Request for Admissions; Response to Respondent`s First Request for Production filed.
- Date: 01/19/1996
- Proceedings: Order and Amended Notice of Hearing sent out. (hearing set for March 27-28, 1996; 9:00am; Tallahassee)
- Date: 01/16/1996
- Proceedings: (Petitioner) Motion for Continuance filed.
- Date: 01/12/1996
- Proceedings: Order of Consolidation sent out. (95-5578 hearing set for 2-1-96 is cancelled and this case is consolidated with the previously consolidated case nos. 95-5575, 95-5576 and 95-5577; hearing shall remain set for January 22-23, 1996 as provided by Notice
- Date: 01/11/1996
- Proceedings: (Gordon B. Scott) Notice of Appearance (Per 95-5576) filed.
- Date: 01/08/1996
- Proceedings: (3) Respondent`s Request for Admissions filed.
- Date: 01/08/1996
- Proceedings: Respondent`s Request for Production filed.
- Date: 01/08/1996
- Proceedings: Respondent`s Request for Production filed.
- Date: 01/08/1996
- Proceedings: Respondent`s Request for Production filed.
- Date: 01/05/1996
- Proceedings: (Respondent) Notice of Fiing Answers to Petitioner's First Set of Interrogatories; Response to Request for Admissions; Response to Petitioner's First Request for Production; Letters to Co-Dep Counseling Center, Arts of Brevard, Inc., South Eastern Couns
- Date: 01/05/1996
- Proceedings: (Respondent) Answers to Petitioner`s First Set of Interrogatories; Response to Petitioner`s First Request for Production; Response to Request for Admissions filed.
- Date: 01/05/1996
- Proceedings: (Petitioners) Motion to Consolidate (with DOAH Case No/s. 95-5575, 95-5576, 95-5577, 95-5578); Notice of Change of Address filed.
- Date: 12/14/1995
- Proceedings: Certificate of Service of Petitioner`s First Set of Interrogatories to State of Florida, Agency for Health Care Administration; Request for Admissions; Petitioners First Request for Production of Documents to State of Florida, Agency for Health Care Adm
- Date: 12/11/1995
- Proceedings: Prehearing Order sent out.
- Date: 12/11/1995
- Proceedings: Order of Consolidation and Notice of Hearing sent out. (Consolidated cases are: 95-5575, 95-5576, 95-5577; hearing scheduled January 22 and 23, 1996; 9:00am; Tallahassee)
- Date: 12/05/1995
- Proceedings: (Petitioners) Request for Admissions; Certificate of Service of Petitioner's First Set of Interrogatories to State of Florida, Agency for Health Care Administration; Petitioners First Request for Production ofDocuments to State of Florida, Agency for Hea
- Date: 11/21/1995
- Proceedings: Initial Order issued.
- Date: 11/17/1995
- Proceedings: Notice; Petition for Formal Administrative Proceeding, (Exhibits); Agency Action ltr. filed.
Case Information
- Judge:
- MARY CLARK
- Date Filed:
- 11/17/1995
- Date Assignment:
- 11/21/1995
- Last Docket Entry:
- 07/25/1996
- Location:
- Tallahassee, Florida
- District:
- Northern
- Agency:
- ADOPTED IN TOTO