11-005092MPI Agency For Health Care Administration vs. Howard Bruce Miles Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 20, 2011.

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF 2015 APR - ! 31

FLORIDA,

AGENCY FOR HEALTH CARE

ADMINISTRATION,

Case No.: 11- 5092MPI

Petitioner, Provider No.: 075653900

C. I. No.: 12- 000 0362-

VS. NPI No.: 1093982308

License No.: DN8225

HOWARD BRUCE MILES,

Respondent.

FINAL ORDER

The PARTIES have resolved this matter without reaching the merits of the facts in dispute.

Respondent, Howard Bruce Miles, has agreed to voluntarily relinquish all Medicaid provider numbers

assigned to him and cease his participation in the Florida Medicaid program. In consideration for

Respondent' s voluntarily termination from the Medicaid program, the Agency agreed to rescind its Final

Agency Audit Report ( sanction letter) of September 2, 2011. Based on the foregoing, Respondent,

Howard Bruce Miles is TERMINATED without cause from the Florida Medicaid program. By letter

dated September 11, 2014, the Agency withdrew the sanction letter of September 2, 2011.

DONE and ORDERED on this day of 2015, in Tallahassee, Florida.

e- cvt 6~

Elizabeth Du 4, Secretary

Agency for Uodlth 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:

A. S. Weekley, J., M. D. Beverly H. Smith, Esquire

Weekley Schulte- Valdes, L. C. L. Assistant General Counsel

1635 North Tampa Street, Suite 100 Agency for Health Care Administration

Tampa, Florida 33602 2727 Mahan Drive, MS # 3

U. S. Mail) Tallahassee, Florida 32308

Interoffice Mail)

Lynn A. Quimby- Pennock Kelly A. Bennett, Chief

Administrative Law Judge Medicaid Program Integrity

Division of Administrative Hearings Interoffice Mail)

The Desoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399- 3060

U. S. Mail)

Finance and Accounting Health Quality Assurance ( via email)

Interoffice Mail) DOH ( via email)

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing ha~ een furnishe to th above

named addressees by U. S. Mail or other designated method on this the day of rl ,

2015.

Richard J. Shoop, Esquir

Agency Clerk

State of Florida

Agency for Health Care Administration

2727 Mahan Drive, MS 43

Tallahassee, Florida 32308- 5403

850) 412- FAX ( 3630/ 850) 921- 0158

RICK SCOTT

GOVERN OR

ELIZABETH DUDEK

SECRETARY

ISt

September 11, 2014

Mr. Howard Bruce Miles

308 E. Martin L. King Blvd. Suite A

Tampa, Florida 33603

Re: Howard Bruce Miles

C. I. No.: 12- 000 0362-

Provider License No.: DN8225

Dear Mr. Miles:

Consistent with our agreement in the above referenced matter you have agreed to cease

participation in the Florida Medicaid program. As such, AHCA agreed to rescind the Final Audit

letter issued in this matter. Please consider this letter notice of such action.

Sincerely,

Kelly A. Bennett, JD, CFE

Interim Chief, Medicaid Program Integrity

Office of the Inspector General

KAB/ cja

2727 Mahan Drive • Mail Stop # 6 Facebook. AHCAFIorida com/

Tallahassee, FL 32308 Youtube. AHCAFIorida com/

AHCA. com MyFlorida. Twitter. AHCA_ com/ FL

SlideShare. AHCAFIorida net/

Page 1 of 4)

i

Rick Rick . . OTT FLORID u iFN4YFORH. h( FApHfAREAMNSIRATION

1 GOVERNOR VVY. 8e0erHealth Care foraliftHdians ELIZABETH DUDEK

GOVERNOR 80tterHe61th Care for v/ 1 ELIZABETH e~ pcrn, r• ov

Floridians DUDEK

Y SECRETARY

C ATIFIED MAIL RETURN RECEIFT N0. 7000 222

000! 5672 2276

s September 2, 2011

Provider No: 0756539 00 C. Provider I. No: I2- 000 License 0362- No:

DN8225

Howaird Bruce. Miles

j 308 4, Martin L, King Blvd., Ste. A

Tampa, Florida 33603

In Reply Defer to': Sanction

Dear. Provider:

I11, Wordance with $ ootion 409. 913, Florida Statutes ( and Rule

Administrative Code ( F. C,), A. the for F. S,), 59G- 070, 9. Florida

sanctions. for violations of federal Agency Health Care Administration ( Agency), shall apply

letter shall serve and state laws, including violations of Medicaid This

as notice of the following sanction s): Provider submitted false policy,

enrollment application. information on

A fne of $ 50, 00 000. and suspension for of (

590- 070, 9. F. C. A. violation( s) 7) ( i) under Rule Section

F

Furthormore, this letter serves as notice that continued non- compliance will result in a

of suspension from. participation in the Medicaid in sanction

C., P. A. and Section 409. 913, F. S. program accordance with Rule 596- 070, 9. 1

i

Please remit a certified check in the amount of $ 50, 00. 000, The check v

Florida Agency for Health Care must be payable to the

Administration, Questions regarding t

submitting payment should be directed to Medicaid Accounts Re ivab a ( 488- 5869. L

ensure proper credit, be certain your provider number and the 850) To

12, 000) 0362= are shown on check, investigation case number

your Please mail payment to! r

Medicaid Accounts E

Receivable - MS # 14

Agency for Health Care Administration

2727 Mahan Drive Bldg. 2, Ste. 200

Tallahassee, FL 32308

If payment is not received, or arranged for, within 30 of

may withhold Medicaid or days receipt of this letter, the Agency

limited payments impose additional sanctions, which include, but are not F

to, fines, suspension and termination from the Medicaid

Program. S

i'

s

2727 Mahan Drive, MS* g

Tallahassee, f= lorlda 32308 Visit AHCA online at

http:// myflorlde. ahca. com

c'

Page 2 of 4)

f

HoWard Bruce Miles

0756539 00

FR MM or Casei2. 000 0362.

September 2, 2011

Page 2 of 4

Vage 2 of 4

i

You have the right to request- a formal or informal to Section

request for a is the hearing pursuant 120. 569, F. S. If a

formalhearing made, petition must be made in compliance with Section 2$-

106. 201, F. C. A. and mediation may be available, if a request for an. informal is

the petitiotl must be made' in compliance with rule hearing made,

arc hereby informed that if a for a Section. 301, 28406. F. C, A. Additionally, you

request hearing: is made, the petition must be received by the

Agency within twenty- one ( 21) days of receipt of this letter; For more informations re ardin a

your! hoq ring and mediation rights, . please see the attached Notice of Administrative g

Hearing and Mediation Rights.

Any, questions you. may have about this matter should be directed to. VonnicicI M.

Investigator, Agency for Health Care Blackmon,

Malian Mail Administration, Medicaid Program Integrity, 2727

Drive, Stop # 6, Tallahassee, Florida 32308- 5403, telephone ( 850) 4124500,

facsimile ( 850) 410- 1972, f

Sincerely,

a

oce: Dozier

Fieid;. dffiee Manager

Office oflnspeefor General

Medicaid Program Integrity

nC10SUreS f 3

c¢: AHCA Bureau of Finance and Accounting

Attn: Katrina Derico- Harris

Health Quality Assurance ( HQA)

Department of Health ( via email)

t

Ex. 1)

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Page 3 of 4)

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Howard Bruce Miles

07$ 653900

F110. 8 7760. or Casel2= 000 0362=

September 2, 2011

Page 3 of 4 IYAT~ I.'~ / fir.. • w_ if_._( Y • 4m_ mR ftY Y_ n . n •

Page! of 4 y'. Yw_ T_,,...._.... m ,

NOTICE OF ADMINISTRATIVE HEARING AND MEDIATION RIGHTS

You have the right to request an administrativo hearing pursuant to Sections 120. 569 and 120. 57,

FlortJa Statutes. If you disagree with the facts stated in the foregoing Final Audit keport ( hereinafter

FAR), you may request a formal administrative hearing pursuant to Section 120. 1), 57( Florida Statutes.

if you do not dispute the facts stated in the'. AR, but believe there are additional reasons to grant the. relief

yoo. sock, you may : request an informal administrative hearing pursuant to Section 120. 2,), 57( Florida

Statutes. Additionally, pursuant to Section 120, 573, Florida Statutes, mediation may be available if you

have. chosen a formal administrative hearing, as discussed more fully below.

The written request for an administrative hearing must conform to the requirements of either Rule

28- 201( 106: 2) or Rule 301( 28. 106. 2), Florida Administrative Code, and must be received by the Agency

for : Health Care Administration, by 5: 00 P. M. no later than 21 days after you received the FAR. The

r address for filing the written request for an administrative hearing is:

Richard. T. Shoop, Esquire

Ageocy Clerk

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop Q

Tallahassee, Florida 32308

Fax: ( 850) 921. 0158

The request must be legible, on 8 % by 1 l- inch white paper, and contain:

1. Your name, address, telephone number, any Agency identifying number on the FAR, if known,

acid name, address, and telephone number of your representative, if any;

2. An explanation of how your substantial interests will be affected by the action described in the

FAR;

3. A $ tatement of when and how you received the FAR;

4, For a request for formal. hearing, a statement of all disputed issues of material fact;

5. Fora. request. for formal hearing, a concise statement of the ultimate facts alleged, as well as the

rulos and statutes which entitle you to relief;

6, For a c6queSt for formal hearing, whether you request mediation, if it is available;

7. For a request for informal hearing, what bases support an adjustment to the amount owed to the

B. Agency; and

A demand for relief.

A formal hearing will be held if there are disputed issues df material fact. Additionally, mediation

may be available in conjunction with a formal hearing. Mediation is a way to use a neutral third party to

assist the parties. in a: legal or administrative proceeding to reach a settlement of their case. If you and the

Agency agree to mediation, it does not mean that you give up the right to a hearing. Rather, you and the

Agency will try to settle your case first with mediation.

If. you request mediation, and the Agency agrees to it, you will be contacted by the Agency to set

up a finie for the mediation and to enter into a mediation agreement. If a mediation agreement is not

readied within 10 days following the request for mediation, the matter will proceed without mediation,

The mediation must be c. onciuded within 60 days of having entered into the agreement, unless you and the

Agency agree to a different timo period. The mediation agreement between you and the Agency will

include provisions for selecting the mediator, the allocation of costs and fees associated with the

mediation, and the confidentiality of discussions and documents involved in the mediation. Mediators

charge hourly fees that must be shared equally by you and the Agency.

If a written request for an administrative hearing is not timely received you will have waived your

right to have the intended action reviewed pursuant to Chapter 120, Florida Statutes, and the action set

forth in the FAR shall be conclusive and final.

Page 4 of 4)

Howard truce Miles

07' 56539 00

Vile. 77608 or: Case 12- 000 0362-

September 2, 2011

Page, , 44 of4

Page 4 of 4

S

Complete this form and send- along with your check to:

Agency for Health Care Administration

Medicaid Accounts Receivable

2727 Mahan Drive, Mail Stop # 14

Tallahassee, Florida 32308

i

CHECK MUST BE MADE PAYABLE TO: FLORIDA AGENCY FOR HEALTH CARE

ADMINISTRATION

Provider Name: Howard Brm§ Miles

1

Provider 1D. 0756539 00

MPl Case 9: 12- 000 0362-

Overpayment Amount:

Fine Amount: 50, 00 000.

Total Amount Owed:

a s Check Number:

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30 E. Martin L, King Blvd, Ste. A

pampa, Florida 33603 Ty"

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