11-005707MPI Agency For Health Care Administration vs. Ayoade Idowu
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 24, 2012.


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1Y J

3STATE OF FLORIDA K" A

8AGENCY FOR HEALTH CARE ADMINISTRATION AGE;, C` ERK%

162014 MAY - I A 11: S L

24STATE OF FLORIDA, AGENCY FOR

29HEALTH CARE ADMINISTRATION,

32Petitioner,

33V. C. I. NO.: 12- 000 0553-

40PROVIDER NO.: 003032300

43AYOADE IDOWU, LICENSE NO.: N/ A

49NPI NO.: N/ A

53Respondent. DOAH CASE NO.: 11- 5707MPI

59FINAL ORDER

61THIS CAUSE concerns a request for hearing that the Agency for Health Care

74Administration (" AHCA" or " Agency") received pertaining to a Suspension from Participation

87letter the Agency issued to Respondent, Ayoade Idowu, a Medicaid provider, on October 7,

1012011 ( Exhibit A).

105On October 27, 2011, a Petition for Formal Administrative Hearing contesting the

117suspension was filed on behalf of the Respondent Ayoade Idowu ( Exhibit B).

130On November 22, 2013, the Agency issued a Final Order terminating Respondent' s

143participation as a Medicaid Provider, thereby rendering the prior suspension moot ( Exhibit Q.

157Based on the foregoing, this file is CLOSED.

165DONE and ORDERED on this the &' 4day of 2014, in Tallahassee,

177Florida.

178O~ J- Mel

181izabeth Dudek Secreta

184Agency for Health Care Administration

189NOTICE OF RIGHT TO JUDICIAL REVIEW

195A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO

208JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A

220NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY,

233ALONG WITH FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT

245OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS

256HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL

265BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE

275NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE

288ORDER TO BE REVIEWED.

292CERTIFICATE OF SERVICE

295I CERTIFY that a true and correct copy o s Final Order was served on the below-

312named persons by the method designated on this day of 2014.

323Richard Shoop, Agency Clerk

327Agency for Health Care Administration

3322727 Mahan Drive, Mail Stop # 3

339Tallahassee, Florida 32308- 5403

343Telephone: ( 850) 412- 3630

348David W. Nam Richard Zenuch, Chief, Medicaid

355Office of the General Counsel Program Integrity

362Agency for Health Care Administration Interoffice Mail)

369Electronic Mail)

371Paul J. Kneski, Esquire Finance and Accounting

378Kneski & Kneski

381Biscayne Building, Suite 807

38510 West Flagler Street

389Miami, Florida 33130

392kneskilaw! a bellsouth. net

396Electronic Mail)

398Health Quality Assurance

401STATE OF FLORIDA

404AGENCY FOR HEALTH CARE ADMINISTRATION

409A

410STATE OF FLORIDA, Y

414AGENCY FOR HEALTH CARE

418ADMINISTRATION, 2013 NOV 22 A 11: 1 q

426Petitioner,

427vs. MPI Reference No.: CI 14- 000 0078-

435Provider No.: 003032300

438License No.: N/ A

442NPI No.: N/ A

446AYOADE IDOWU,

448Respondent.

449TERMINATION FINAL ORDER

452THIS CAUSE is before me for issuance of a Final Order. In a letter dated July 17, 2013, ( Ex. 1)

473Ayoade ldowu ( Respondent), was informed that the State of with Florida, cause Agency from for Health Care in the Florida

494Administration ( Agency) applied a sanction of termination participation Rule

504Medicaid program, in accordance with Sections 409. 913, Florida Statutes ( F. S.), and a " for 59G- 070, cause" 9. or

525Florida Administrative Code ( C.). F. A. A termination pursuant to this rule is also called in a claim

544with cause" termination. The respondent is prohibited from performing any action that results or

558for payment to the Medicaid program as a result of furnishing, supervising a person who is furnishing,

575causing a person to furnish goods or services. the administrative hearing

586The letter contained full disclosure and notice regarding Respondent' s

596and due process rights. To date, the Respondent has not requested a hearing to dispute has the facts contained

615in the letter, and the timeframe within which Respondent had to request a hearing expired.

630FINDINGS OF FACTS

6331. The letter disclosed the Respondent' s administrative and due process rights. in the letter.

6482. The Respondent has not disputed imposition of the sanction as set forth

661CONCLUSIONS OF LAW

6643. The Agency incorporated and adopts the statements and conclusions of law as set forth in the

681aforementioned letter.

6834. The sanction as set forth in the letter is final.

694ORDER

695BASED on the foregoing, it is ORDERED and ADJUDGED Statu that the S. , Respondent Rue 59G- is

712TERMINATED with cause in accordance with Sections 409. 913, Florida and 3,

7249. 070, Florida Administrative Code. DONE AND ORDERED this day

734in Tallahassee, Florida.

737Elizabeth Du Secretary

740Agency for Healt Care Administration

745EXHIBIT ~ I

748CERTIFICATE OF SERVICE

751I HEREBY CERTIFY that a true and correct copy of the foregoing h en served n the above-

769named persons by U. S. Mail or interoffice mail as indicated on this the ay of

7852013.

786Richard S oop, gen rk

791State of Florida

794Agency for Health Care Administration

7992727 Mahan Drive, Building # 3

805Tallahassee, Florida 32308- 5403

809850) 412- 3630

812A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED OF APPEAL TO A WITH JUDICIAL THE

831REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE FEE AS PRESCRIBED BY

847AGENCY CLERK OF AHCA, AND A SECOND COPY ALONG WITH FILING THE AGENCY

860LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE RESIDES. REVIEW DISTRICT PROCEEDINGS WHERE SHALL BE

877MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY THE NOTICE OF APPEAL

888CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE TO RULES. BE REVIEWED.

899MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER

910Copies furnished to:

913Ayoade Idowu

9152880 W. Oakland Park Blvd Suite 226

922Oakland Park, Florida 33311- 1368

927U. S. mail)

930Richard J. Zenuch, Bureau Chief Finance & Accounting

938Medicaid Program Integrity Interoffice mail)

943Interoffice mail)

945Shawn McCauley Division of Health Quality Assurance

952Medicaid Contract Management via email only)

958via email only)

961Margaret Reilly Tracy Health Jeter- Cummings Development

968Health Systems Development Systems

972via email only) via email only)

978floridaexclusionsgoig hhs gov

981via email only)

984FLOHMAGENCY" MSIFAnoN HEALTHCAREAL" ELIZABETH DUDEK

989RICK SCOTT Better Health Care forell Floridians SECRETARY

997GOVERNOR

998CERTIFIED MAIL NO. 7004 2510 0005 6457 7797

1006July 17, 2013

1009Ayoade Idowu Suite 226

10132880 W. Oakland Park Blvd

1018Oakland Park, Florida. 33311- 1368

1023No: NIA

1025Provider No: 003032300 Provider NPI No: License NIA

1033C. I. No: 140078000

1037In Reply Refer to: Termination from participation ( Exclusiony

1046Dear Provider:

1048been or terminated from

1052In accordance with Sections 409. 14) 913( if a Medicare provider has by suspended the Federal Government or

1070or the

1072participation in the Medicaid must program immediately suspend or program terminate, as appropriate, the provider' s

1088any other state, the agency Medicaid for a period no less than that imposed by the

1104participation in the Florida other state, program and may not enroll such provider in the Florida Medicaid

1121Federal Government or any ten- nination

1127or

1128program while such foreign that suspension were excluded from participation pa in the Medictareapro, graAHCA m by

1145was notified by Medicare you

1150the Federal Government.

1153for Health Care Administration ( Agency)

1159In accordance with Sections 409. 14), 913( the the Agency Medicaid program. This is a preclusion from

1176is hereby terminating your participation that in results in a claim for payment to the Medicaid

1192participation which includes any action a person who is furnishing, or causing a person to

1207program as a result services, of furnishing, The termination supervising is in effect for a period of twenty years. You may not

1229furnish goods or the

1233resume participation until authorized by Agency.

1239to Section 120. 569, F. S. If a

1247You have the right to request a formal the or informal must hearing be made pursuant in compliance with Section 28-

1268request for a formal hearing is made, be available, petition

1278106, 201, F. C., A. and mediation may

1286must be made in compliance with rule

1293If a request for an informal hearing is made, the are petition hereby informed that if a request for a hearing

1314Section 28- 301, 106, F. C. A. Additionally, the you within twenty- one ( 21) days of receipt of

1333is made, the petition must be received by Agency hearing and mediation rights, please see

1348this letter. For more information regarding your and Mediation Rights.

1358the attached Notice of Administrative Hearing

1364Visit AHCA CA online o da a at at

13732727 Mahan Drive, Florida MS* 32308 6 http: ahca. t/ myflo. com

1385Tallahassee,

1386w

1387Ayoade Idowu

1389Provider No. 003032300

1392July 17, 2013

1395Page 2 of 4

1399be directed to: James Guy, AHC

1405Any questions you may have about this Care matter Administration, should Medicaid Program Integrity, 2727

1420Administrator, Agency for Health

1424Mahan Drive, Mail Stop # 6, Tallahassee, Florida 32308- 5403, telephone

1435850) 4124600, facsimile ( 850) 410- 1972.

1442Sincerely,

1443Ho ce Dozier

1446Field Office Manager

1449Office of Inspector General

1453Medicaid Program Integrity

1456cc: Kim Kellum, Chief Medicaid Counsel

1462Health Quality Assurance ( HQA) email)

1468Tracy Jeter- Cummings, Health Systems Development (

1475Department of Health ( via email)

1481Ayoade Idowu

1483Provider No: 003032300

1486July 17, 2013

1489Page 3 of 4

1493NOTICE OF ADMINISTRATIVE HEARING AND MEDIATION RIGHTS

1500You have the right to request an administrative hearing in the pursuant to Final Sections Audit 120. Report ( 569 and hereinafter 120. 57,

1524Florida Statutes. If you disagree with the facts stated foregoing to Section 1), 120. 57( Florida Statutes.

1541FAR), you may request a formal administrative in the but hearing believe pursuant there are additional reasons to grant the relief

1562If you do not dispute the facts stated FAR, to Section 120. 2), 57( Florida

1577you seek, you may request an informal to Section administrative 120. 573, Florida hearing Statutes, pursuant mediation may be available if you

1599Statutes. Additionally, pursuant as discussed more below.

1606have chosen a formal administrative hearing, fully

1613The written request for an administrative hearing must conform Code, to the and requirements must be received of either by the

1634Rule 28- 201( 106. 2) or Rule 301( 28- 2), 106. Florida Administrative no later than 21 days after you received the FAR.

1657Agency for Health Care the Administration written by for 5: an 00 administrative P. M., hearing is:

1674The address for filing request

1679Richard J. Shoop, Esquire

1683Agency Clerk Administration

1686Agency for Health Care MS # 3

16932727 Mahan Drive,

1696Tallahassee, Florida 32308

1699Fax: ( 850) 921- 0158

1704The request must be legible, on 8/ z by 11- inch white paper, and contain:

1719if known,

17211. Your name, address, telephone number, any of Agency identifying if number any; on the FAR,

1737and name, address, and telephone number interests your representative, will be affected by the action described in the

17552. An explanation of how your substantial

1762FAR; received the FAR;

17663. A statement of when and how you of all issues of material fact;

17804. For a request for formal hearing, a a statement concise statement disputed of the ultimate facts alleged, as well as the

18025. For a request for formal hearing, to

1810rules and statutes which entitle you relief; mediation, if it is available;

18226. For a request for formal hearing, whether what bases you request an adjustment to the amount owed to the

18427. For a request for informal hearing, support

1850Agency; and,

18528. A demand for relief.

1857fact. Additionally,

1859A formal hearing will be held if there a are formal disputed issues Mediation of material is a way to use a neutral

1882mediation may be available in conjunction or administrative with hearing. to reach a settlement of their case.

1899third party to assist the parties in a legal it does not mean proceeding that you give up the right to a hearing.

1922If you and the Agency agree to mediation, to settle case first with mediation.

1936Rather, you and the Agency will try your

1944the to set

1947If you request mediation, and the Agency into a mediation agrees to it, you will be If contacted a mediation by agreement Agency is not

1972up a time for the 10 mediation following and to the enter request for mediation, agreement. the matter will proceed without mediation.

1994reached within days within 60 of having entered into the agreement, unless you and the

2009The mediation must be concluded The days mediation agreement between you and the Agency will

2024Agency agree to a different for time the period. mediator, the allocation of costs and fees associated with the

2043include provisions selecting of discussions and documents involved in the mediation. Mediators

2055mediation, and the confidentiality shared you and the Agency. If a written request for an

2070charge hourly fees that is must not be received equally you will by have waived your right to have the intended action

2092administrative hearing timely

2095Ayoade Idowu

2097Provider No: 003032300

2100July 17, 2013

2103Page 4of4

2105the FAR shall be

2109reviewed pursuant to Chapter 120, Florida Statutes, and the action set forth in

2122conclusive and final.

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2403cr e•

2405Y f

2407Exclusions Search Results: Verify

2411First Name IDOWU

2414Middle Name

2416Last Name AYOADE

2419DOB 08/ 0211952

2422NPI Unknown

2424UPIN Unknown

2426General BUS OWNER/ EXEC

2430Specialty HOME HEALTH AGENCY

2434Address 1751 SW 83RD TERRACE

2439MIRAMAR, FL 33025- 0000

2443Excl. Type 1128( 1)- a)( PROGRAM- RELATED CONVICTION

2451Excl. Date 06/ 2013 20/

2456Waiver

2457Verification conducted 6/ 2013 26/ 2 2502 PM EST on OIG LEIE Exclusions database

2471Source data updated on 6/ 2013 11/ 1103 00 AM EST

2482MATCH

2483Name and SSN MATCH

2487You may print this page for documentation purposes

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 05/08/2014
Proceedings: Agency Final Order filed.
PDF:
Date: 05/07/2014
Proceedings: Agency Final Order
PDF:
Date: 01/24/2012
Proceedings: Order Closing File. CASE CLOSED.
PDF:
Date: 01/17/2012
Proceedings: Agreed Motion to Abate Proceedings Before the Division and Relinquish Jurisdiction of the Case to the Agency for Health Care Administration filed.
PDF:
Date: 11/30/2011
Proceedings: Amended Notice of Hearing by Video Teleconference (hearing set for February 14, 2012; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL; amended as to Date, Location and Video).
PDF:
Date: 11/15/2011
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 11/15/2011
Proceedings: Notice of Hearing (hearing set for February 1, 2012; 9:00 a.m.; Miami, FL).
PDF:
Date: 11/14/2011
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 11/14/2011
Proceedings: Notice of Appearance (David Nam) filed.
PDF:
Date: 11/07/2011
Proceedings: Initial Order.
PDF:
Date: 11/04/2011
Proceedings: Notice (of Agency referral) filed.
PDF:
Date: 11/04/2011
Proceedings: Request for Formal Administrative Hearing filed.
PDF:
Date: 11/04/2011
Proceedings: Agency action letter filed.

Case Information

Judge:
JUNE C. MCKINNEY
Date Filed:
11/04/2011
Date Assignment:
11/07/2011
Last Docket Entry:
05/08/2014
Location:
Lauderdale Lakes, Florida
District:
Southern
Agency:
Other
Suffix:
MPI
 

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