10-010213MPI Agency For Health Care Administration vs. Food With Care, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 14, 2011.

closed. On June 14, 2011, DOAH issued an Order Closing File, and relinquished jurisdiction to

the Agency.

FINDINGS OF FACT

PROVIDER received the Final Audit Letter that gave notice of PROVIDER' S right to an

administrative hearing regarding the overpayment and fine. PROVIDER filed a petition

requesting an informal administrative hearing, which was subsequently forwarded to DOAH for

the purpose of conducting a formal administrative hearing. PROVIDER then caused the formal

administrative hearing case to be closed. PROVIDER chose not to dispute the facts set forth in

the Final Audit Letter dated April 23, 2010.

The facts alleged in the Final Audit Letter are hereby deemed admitted. The Agency

hereby adopts the facts as set forth in the Final Audit Letter, including the overpayment in the

amount of six thousand five hundred and seventy - five dollars ($ 6, 575. 00) and the fine in the

amount of one thousand dollars ($ 1, 000. 00). During the pendency of the administrative hearing,

the Agency, pursuant to section 409. 913( 27), Florida Statutes, withheld medical reimbursement

payments from PROVIDER.

CONCLUSIONS OF LAW

The Agency incorporates and adopts each and every relevant statement and conclusion of

law set forth in the Final Audit Letter dated April 23, 2010. The admitted facts support the legal

conclusion that the overpayment in the amount of six thousand five hundred and seventy - five

dollars ($ 6, 575. 00) and the fine in the amount of one thousand dollars ($ 1, 000. 00) were properly

assessed.

Based on the foregoing, this file is hereby CLOSED.

AHCA v. Food With Care, Inc. ( DOAH # 10- 10213)

Final Order - Page 2 of 4

DONE AND ORDERED this _ L. C- day of 2011, in Tallahassee,

Florida.

5wr, j

t14-- El' abeth Dudek, S retary

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 THE 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:

Thomas F. Egan, Esquire Mike Blackburn, Bureau Chief

Thomas F. Egan, P. A. Medicaid Program Integrity

204 Park Lake Street 2727 Mahan Drive

Orlando, Florida 32803 Building 2, Mail Station 6

Via U. S. Mail) Tallahassee, Florida 32308

Interoffice Mail)

Bureau of Finance and Accounting James Boyd, Inspector General

2727 Mahan Drive Medicaid Program Integrity

Building 2, Mail Station 14 2727 Mahan Drive

Tallahassee, Florida 32308 Building 2, Mail Station 6

Interoffice Mail) Tallahassee, Florida 32308

Interoffice Mail)

AHCA v. Food With Care, Inc. ( DOAH # 10- 10213)

Final Order - Page 3 of 4

Bureau of Health Quality Assurance Division of Administrative Hearings

2727 Mahan Drive, Mail Stop 9 The Desoto Building

Tallahassee, Florida 32308 1230 Apalachee Parkway

Interoffice Mail) Tallahassee, Florida 32399 - 3060

Via U. S. Mail)

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing document has been

furnished to the person( s) named above by the indicated means of delivered on this 12 5d— ay of

2011.

Richard Shoop, Esqu

Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive

Building 3, Mail Station 3

Tallahassee, Florida 32308

Telephone: [phone]

Facsimile: 850. 921. 0158

AHCA v. Food With Care, Inc. ( DOAH # 10- 10213)

Final Order - Page 4 of 4