12-001841MPI Agency For Health Care Administration vs. Sharing Facility Group Home
 Status: Closed
Recommended Order on Thursday, February 21, 2013.


View Dockets  
Summary: AHCA failed to meet burden of proving that provider engaged in sanctionable conduct by failing to maintain required training documents (12-1841MPI ) and to produce required health assessment forms (12-1664MPI), as alleged.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8AGEN CY FOR HEALTH CARE )

14ADMINISTRATION, )

16)

17Petitioner, )

19)

20vs. ) Case No s . 12 - 1664MPI

29) 12 - 1841MPI

33SHARING FACILITY GROUP HOME , )

38)

39Respondent. )

41__________________________________)

42RECOMMENDED ORDER

44Pursuant to notice, a hearing was conducted in th ese

54consolidated case s pursuant to sections 120.569 and 120.57(1),

63Florida Statutes, 1 / before Stuart M. Lerner, a duly - designated

75administrative law judge of the Division of Administrative

83Hearings (D OAH), on October 12, 2012, by video teleconference at

94sites in Port St. Lucie and Tallahassee, Florida.

102APPEARANCES

103For Petitioner: Rachic A. Wilson, Esquire

109Agency for Health Care Administration

114Mail Stop 3

1172727 Mahan Drive

120Tallahassee, Florida 32308

123For Respondent: Curtis Randolph, Esquire

1282801 Orange Avenue, Suite B

133Fort Pierce, Florida 34947

137STATEMENT OF THE ISSUE S

142Whether Respondent engaged in s anctionable conduct in

150violation of Medicaid laws , as alleged in the April 9, 2012 ,

161sanction letter s the Agency f or Health Care Administration

171(ACHA) sent to Respondent in the above - styled cases , and, if so,

184what sanction(s) should be imposed.

189PRELIMINARY STATEMENT

191By letter dated April 9 , 2012, ACHA, in connection with its

202review of claims that Respondent had submitted to the Florida

212Medicaid program from June 1, 2011, through December 1, 2011,

222under Provider No. 679849796 as a provider of Developmental

231Di sabilities Hom e and Community - Based Medicaid W aiver services ,

243advised Respondent of the following :

249In accordance with Section 409.913, Florida

255Statutes (F.S.) and Rule 59G - 9.070,, Florida

263Administrative Code (F.A.C.), the Agency for

269Health Care Administrat ion (Agency) shall

275apply sanctions for violations of federal

281and state laws, including failure to provide

288proof of current Infection Control and Zero

295Tolerance training for employee DS,

300- A fine of $1,000.00 for violation(s) of

3097(e) under Rule Section 59 G - 9.070, F.A.C.

318* * *

321You have the right to request a formal or

330informal hearing pursuant to Section

335120 . 569, F.S. . . . .

343On May 3, 2012, Respondent, through counsel, filed a Petition

353for Formal Hearing on the matter. Respond ent's hearing request

363was referred to DOAH on May 11 , 2012. The case was docketed as

376DOAH Case No. 12 - 1664MPI.

382By separate letter dated April 9, 2012, AHCA, in connection

392with its review of claims that Respondent had submitted to the

403Florida Medicaid prog ram from January 1, 2011, through

412November 30, 2011, under Provider No. 142150600 as a prov ider of

424assistive care services , advised Respondent of the following:

432In accordance with Section 409.913, Florida

438Statutes (F.S.) and Rule 59G - 9.070,, Florida

446Admi nistrative Code (F.A.C.), the Agency for

453Health Care Administration (Agency) shall

458apply sanctions for violations for

463violations of federal and state laws,

469including [f]ailure to maintain a current

475Health Assessment for consumers FB, WW, FW &

483LS. This let ter shall serve as notice of

492the following sanction(s):

495- A fine of $4,000.00 for violation(s) of

5047(e) under Rule Section 59G - 9.070, F.A.C.

512* * *

515You have the right to request a formal or

524informal hearing pursuant to Section

5291 20 . 569, F.S. . . . .

538On May 3, 2012, Respondent, through counsel, filed a Petition

548for Formal Hearing on the matter. Respondent's hearing request

557was referred to DOAH on May 18, 2012. The case was docketed as

570DOAH Case No. 12 - 1841MPI.

576On July 2, 2012, A HCA filed an unopposed motion to

587consolidate DOAH Case Nos. 12 - 1664MPI and 12 - 1841MPI. By Order

600issued July 10, 2012, the motion was granted and the cases were

612consolidated .

614As noted above, the final hearing in the se consolidated

624case s was held on Octo ber 12 , 2012. 2 / Two witnesses testified at

639the hearing: Victor Rivera (on behalf of AHCA) and Angel Cox

650(on behalf of Respondent). In addition to the testimony of

660these two witnesses, the following exhibits were offered and

669received into evidence : AHCA 's Exhibits A through I and

680Re spondent's Exhibits A through D in DOAH Case No. 12 - 1664MPI ;

693and AHCA's Exhibits A through I and Respondent's Exhibits A

703through F in DOAH Case No. 12 - 1841MPI . The evidentiary record

716was left open for purposes of ACHA 's submi tting its Exhibit J

729( to be used in both DOAH Case No. 12 - 1664MPI and DOAH Case No.

74512 - 1841MPI ) and Respond ent's submitting its Exhibit G in DOAH

758Case No. 12 - 1841MPI . The se two exhibit s w ere timely filed with

774DOAH on November 5, 2012 , and on October 25, 20 12, respectively .

787B y Order issued November 7, 2012, they were received into

798evidence, and the evidentiary record was closed.

805The proposed recommended order filing deadline was

812originally set at 30 days from the date of the filing the

824hearing transcript with DOAH. The hearing Transcript

831(consisting of one volume) was filed with DOAH on November 14,

8422012. Upon the joint request of the parties, the proposed

852recommended order filing deadline was thereafter twice extended -

861- the final time to February 8, 2012 . On February 8, 2012, both

875parties timely filed their Proposed Recommended Orders.

882FINDINGS OF FACT

8851. AHCA is the state agency charg ed with administer i ng and

898overseeing the Medicaid program in Florida. Housed w ithin AHCA

908is the Bureau of Medicaid Prog ram Integrity (MPI) . Among MPI's

920responsibilities is to conduct audits and investigations to

928ensure that the state's Medicaid providers are in compliance

937with programmatic requirements.

9402. At all times material to the instant case s , Respondent

951was enroll ed in the Florida Medicaid program under two separate

962provider numbers (Provider No. 679849796, as a provider of

971Developmental Disabilities Home and Community - Based Medicaid

979W aiver services, and Provider No. 142150600, as a provider of

990assistive care servi ces) and subject to the terms of Medicaid

1001Provider Agreements, 3 / which contained the following provisions ,

1010among others:

1012(5) Provider Responsibilities : The

1017Medicaid provider shall:

1020* * *

1023(b) Keep, maintain, and make available in a

1031systematic and orderly manner all medical

1037and Medicaid - related records as AHCA

1044requires for a period of at least five (5)

1053years.

1054* * *

1057(d) Send, at the provider's expense,

1063legible copies of all Medicaid - related

1070informatio n to authorized state and federal

1077employees, including their agents. The

1082provider shall give state and federal

1088employees access to all Medicaid patient

1094records and to other information that cannot

1101be separate d from Medicaid - related records;

1109and , in conne ction with Provider No. 679849796, it was also

1120subject to the terms of a Medicaid Waiver Services Agreement

1130with the Florida Agency for Persons with Disabilities (APD) , 4 / in

1142which it had agreed, among other things , to do the following :

1154To permit persons du ly authorized by APD,

1162the Agency for Health Care Administration

1168(AHCA), or representatives of either, to

1174monitor, audit, inspect, and investigate any

1180recipient records, payroll and expenditure

1185records, (including electronic storage

1189media), papers, document s, facilities, goods

1195and services of the Provider, which are

1202relevant to this Agreement . . . .

1210* * *

12132. Upon demand, and at no additional cost

1221to the APD, AHCA, or their authorized

1228representatives, the Provider will

1232facilitate the duplication and transfer of

1238any records or documents (including

1243electronic storage media), during the

1248required retention period . . . .

12553. A t all times material to DOAH Case No. 12 - 1664MPI

1268Respondent, as an enrolled Medicaid provider of Developmen tal

1277Disabilities Hom e and Community - Based Medicaid W aiver services ,

1288was bound by the following provisions of the Developmental

1297Disabilities Waiver Services Coverage and Limitations Handbook

1304dealing with employee training and recordkeeping requirements ,

1311whi ch handbook provisions were incorporated by reference (along

1320with the other provisions of the handbook) in Florida

1329Administrative Code 59G - 13.083 :

1335Companion Provider Requirements

1338* * *

1341Training Requirements

1343Proof of training in the areas of

1350Cardiopul monary Resuscitation (CPR),

1354HIV/ AIDS and infection control is required

1361within 30 days of initially providing

1367companion services. Proof of annual or

1373required updated training shall be

1378maintained on file for review. The provider

1385is r esponsible for all training requirements

1392outlined in the Core Assurances.

1397Note: Refer to the Core Assurances in

1404Appendix A fo r the provider training

1411require ments. . . .

1416* * *

1419Appendix A: Core Assurances for Providers

1425of Deve lopmental Disabilities Home and

1431Community - Based Waiver Services Program

1437* * *

14402.1 Required Training

1443The provider and its employees will ensure

1450they receive the specific training required

1456to successfully serve each recipient

1461i ncluding the following topics:

1466* * *

1469H. All direct service providers hired

1475after 90 days from the effective date of

1483this rule are required to complete the

1490Agency for Persons with Disabilities

1495developed Zero Tolerance Training course

1500prior to rendering direct care services (as

1507a pre - service training activity). Said

1514training may only be completed via APD's

1521web - based instruction or classroom - led

1529instruction (using APD's approved classroom

1534curriculum presented either by APD staff or

1541an individual who has been trained and

1548approved by APD to conduct such classroom

1555trainings). In addition, all direct

1560service providers shall be required to

1566complete the APD developed Zero Tolerance

1572training course at least once every three

1579years. The provider shall maintain on file

1586for review, adequate and complete

1591documentation to verify its participation,

1596and the participation of its employees, in

1603the required training sessions.

1607The documentation for the above listed

1613training shall, at a minimum, i nclude the

1621training topic(s), length of training

1626session, date and location of training,

1632name and signature of trainer, name and

1639signature of person(s) in attendance.

1644Proof of training shall be on file and

1652available for monitoring and review.

16574. At all times material to DOAH Case No. 12 - 1841MPI ,

1669Respondent, as an enrolled Medicaid provider of assistive care

1678services, was bound by the following provisions of the Assistive

1688Care Services Coverage and Limitations Handbook dealing with

1696health assessments , whi ch handbook provisions were incorporated

1704by reference (along with the other provisions of the handbook)

1714in Florida Administrative Code Rule 59G - 4.025 :

1723Recipients receiving Assistive Care Services

1728must have a complete assessment at least

1735annually by a phy sician or other licensed

1743practitioner of the healing arts (Physician

1749Assistant, Advanced Registered Nurse

1753Practitioner, Registered Nurse) or sooner if

1759a significant change in the recipient's

1765condition occurs (see below for a definition

1772of a significant cha nge). An annual

1779assessment must be completed no more than

1786one year plus fifteen days after the last

1794assessment. An assessment triggered by a

1800significant change must be completed no more

1807than fifteen days after the significant

1813change.

1814- The assessment for a resident of a ALF

1823or AFCH must be completed by a physician

1831or other licensed practitioner of the

1837healing arts (Physician Assistant,

1841Advanced Registered Nurse Practitioner,

1845Registered Nurse) acting within the scope

1851of practice under state law, physician

1857assistant or advanced registered

1861practitioner.

1862- The assessment for a resident of a RTF

1871must be completed by a physician or

1878licensed mental health professional. The

1883assessment must document the need for at

1890least two of the four ACS components.

1897The assess ment for ALF residents must be

1905recorded on the Resident Health

1910Assessment for Assisted Living

1914Facilities, AHCA Form 1823.

19185. At all times material to both DOAH Case No. 12 - 1664MPI

1931and DOAH Case No. 12 - 1841MPI , Respondent was also bound by the

1944following p rovisions of the Florida Medicaid Provider General

1953Handbook , which were incorporated by reference in Florida

1961Administrative Code Rule 59G - 5.020 and applied to all enrolled

1972Medicaid providers , including providers of Developmental

1978Disabilities Hom e and Commu nity - Based Medicaid W aiver services

1990and providers of assistive care services :

1997Record Keeping Requirement

2000Medicaid requires that the provider retain

2006all business records as defined in 59G -

20141.010(30) F.A.C., medical - related records as

2021defined in 59G - 1.010 (15 4) F.A.C., and

2030medical r ecords as defined in 59G - 1.010( 160)

2040F.A.C. on all services provided to a

2047Medicaid recipient. [ 5 / ]

2053Records can be kept on paper, magnetic

2060material, film, or other media including

2066electronic storage, except as otherwise

2071required by la w or Medicaid requirements.

2078In order to qualify as a basis for

2086reimbursement, the records must be signed

2092and dated at the time of service, or

2100otherwise attested to as appropriate to the

2107media. Rubber stamped signatures must be

2113initialed.

2114The records mus t be accessible, legible and

2122comprehensible.

2123* * *

2126Record Retention

2128Records must be retained for a period of at

2137least five years from the date of

2144service.

2145* * *

2148Right to Review Records

2152Authorized st ate and federal agencies and

2159their authorized representatives may audit

2164or examine a provider' s or facility ' s

2173records. This examination includes all

2178records that the agency finds necessary to

2185determine whether Medicaid payment amounts

2190were or are due. Th is requirement applies

2198to the provider' s records and records for

2206which the provider is the custodian. The

2213provider must give authorized state and

2219federal agencies and their authorized

2224representatives access to all Medicaid

2229patient records and to other inf ormation

2236that cannot be separated from Medicaid -

2243related records.

2245The provider must send, at his expense,

2252legible copies of all Medicaid - related

2259information to the authorized state and

2265federal agencies and their authorized

2270representatives upon request of A HCA.

2276At the time of the request, all records must

2285be provided regardless of the media format

2292on which the original records are retained

2299by the provider. All medical records must

2306be reproduced onto paper copies.

2311* * *

2314Incomplet e Records

2317Providers who are not in compliance with the

2325Medicaid documentation and record retention

2330policies described in this chapter may be

2337subject to administrative sanctions and

2342recoupment of Medicaid payments.

2346Medicaid payments for services that la ck

2353required documentation or appropriate

2357signatures will be recouped.

2361Note: See Chapter 5 in this handbook for

2369information on administrative sanctions and

2374Medicaid payment recoupment

23776. The foregoing contractual and handbook provisions

2384supplemented sec tion 409.913 (9) , Florida Statutes, which then

2393provided (as it still does) as follows:

2400A Medicaid provider shall retain medical,

2406professional, financial, and business

2410records pertaining to services and goods

2416furnished to a Medicaid recipient and billed

2423to M edicaid for a period of 5 years after

2433the date of furnishing such services or

2440goods. The agency may investigate, review,

2446or analyze such records, which must be made

2454available during normal business hours.

2459However, 24 - hour notice must be provided if

2468patie nt treatment would be disrupted. The

2475provider is responsible for furnishing to

2481the agency, and keeping the agency informed

2488of the location of, the provider's Medicaid -

2496related records. The authority of the

2502agency to obtain Medicaid - related records

2509from a provider is neither curtailed nor

2516limited during a period of litigation

2522betwe en the agency and the provider.

25297. On or about December 6, 2011, MPI investigators visited

2539Respondent's facility to review Responde nt's Medicaid - related

2548records, but left before completing their review.

25558. Approximately a month later, MPI sent Respondent a

2564letter, dated January 5 , 2012, concerning claims that Respondent

2573had filed under its Provider No. 679849796 as a provider of

2584Developmental Disabilities Home and Community - Base d Medicaid

2593W aiver services (January 5 Letter) . The letter read as follows:

2605The Agency for Health Care Administration

2611(Agency), Office of Inspector General,

2616Bureau of Medicaid Program Integrity is in

2623the process of completing a review of claims

2631billed to M edicaid during the period J une

26400 1, 2011, through Dec ember 01 , 2011 , to

2649determine whether the claims were billed and

2656paid in accordance with Medicaid policy.

2662Pursuant to Sect ion 409.913, Florida

2668Statutes (F.S. ), this is official notice

2675that the Agency requ ests the documentation

2682for services paid by the Florida Medicaid

2689provider to the above provider number

2695[ 679849796 ]. The Medicaid - related records

2703to substantiate billing for the [four]

2709recipients identified on the enclosed

2714printout are due within fifteen ( 15)

2721calendar days of your receipt of this

2728notification. Please submit the

2732documentation and the attached Certification

2737of Completeness of Records to the Agency

2744within this timeframe, or other mutu ally

2751agreed upon timeframe.

2754Correspondence and requested r ecords should

2760be sent to the following address :

2767Victor Rivera, Investigator

2770Agency for Health Care Administration

2775Medicaid Program Integrity

2778400 West Robinson Street, Suite S 309

2785South Tower, Hurston Building

2789Orlando, Florida 32801

2792In accordance with Sec tion 409.913, F.S.,

2799and Rule 59G - 9.070, Florida Administrative

2806Code (F.A.C.), the Agency shall apply

2812sanctions for violations of federal and

2818state laws, including Medicaid policy.

2823Pursuant to the aforementioned provision s ,

2829failure to provide all Medicaid - related

2836records in compliance with this request will

2843result in the application of sanctions,

2849which include, but are not limited to,

2856fines, suspension and termination. The

2861Medicaid - related records associated with

2867this review should be retained until [the

2874r eview is] completed.

2878If you have any question s , please contact

2886Victor Rivera, Investigator , at (407)420 -

28922524.

2893The Certification of Completeness of Records form enclosed with

2902the letter was to be completed by the provider's "official

2912custodian of records, " and it contained the following

2920verification and certification:

2923I hereby verify that I have searched the

2931Medicaid - related records maintained by the

2938Provider and have determined that the

2944attached records consisting of (# of pages)

2951a re true and correct copi es of the Medicaid -

2962related records requested by the Agency for

2969Health Care Administration, Office of the

2975Inspector General, Bureau of Medicaid

2980Program Integrity.

2982I further certify that these are all of the

2991Medicaid - related records that were made at

2999or nea r the time that the services were

3008rendered by, or from information transmitted

3014by, the Provider ; are kept in the course of

3023the regularly con ducted business of the

3030Provider; and that it is the regular

3037practice of the Provider to keep such

3044records.

3045A lso a cc ompanying the letter was a printout provid ing

3057information concerning "documentation organization . " A mong

3064other things, it advised that the "employee documentation " that

3073needed to be submitted included "[c]opies of all required AHCA

3083training certificates , " and it contained the further advisement

3091that "[f]ailure to follow the aforementioned guidelines and/or

3099failure to provide the [sic] ALL of the requested documentation

3109for ALL staff members who provided services to Medicaid

3118Recipients during the predetermi ned audit period w [ould] result

3128in the [a] application of sanctions, " including " fines ."

31379. The January 5 L etter and accompanying documents were

3147received by Respondent on January 9, 2012.

315410. Ten days later, MPI sent Respondent a second letter,

3164dated Jan uary 19, 2012 (January 19 Letter) . This letter

3175concerned claims that Respondent had filed un der its Provider

3185No. 142150600 as a prov ider of assistive care services , and it

3197provided as follows:

3200The Agency for Health Care Administration

3206(Agency), Office of Inspector General,

3211Bureau of Medicaid Program Integrity is in

3218the process of completing a review of claims

3226billed to Medicaid during the period

3232January 1, 2011, through November 30, 2011 ,

3239to determine whether the claims were billed

3246and paid in accordance with Medicaid policy.

3253Pursuant to Section 409.913, Florida

3258Statutes (F.S.), this is official notice

3264that the Agency requests the documentation

3270for services paid by the Florida Medicaid

3277provider to the above provider number

3283[143150600]. The Medicaid - relat ed records

3290to substantiate billing for the [four]

3296recipients identified on the enclosed

3301printout are due within fifteen (15)

3307calendar days of your receipt of this

3314notification. Please submit copies of the

3320Medicaid - related records and the attached

3327Certific ation of Completeness of Records to

3334the Agency within this timeframe, or other

3341mutually agreed upon timeframe.

3345Correspondence and requested records should

3350be sent to the following address :

3357Victor Rivera, Investigator

3360Agency for Health Care Administration

3365Medicaid Program Integrity

3368400 West Robinson Street, Suite 309

3374South Tower, Hurston Building

3378Orlando, Florida 32801

3381In accordance with Section 409.913, F.S.,

3387and Rule 59G - 9.070, Florida Administrative

3394Code (F.A.C.), the Agency shall apply

3400sanctions for violations of federal and

3406state laws, including Medicaid policy.

3411Pursuant to the aforementioned provisions,

3416failure to provide all Medicaid - related

3423records in compliance with this request will

3430result in the application of sanctions,

3436which include, but a re not limited to,

3444fines, suspension and termination. The

3449Medicaid - related records associated with

3455this review should be retained until [the

3462review is] completed.

3465If you have any questions, please contact

3472Victor Rivera, Investigator, at (407)420 -

34782524.

3479A t the bottom of the "enclosed printout" referenced in the

3490letter was the following cautionary advisement:

3496Please refer to your Assistive Care Services

3503handbook, July 2009, for information on the

3510required documentation for recipient files.

3515T he Certificatio n of Completeness of Records form enclosed with

3526the letter was identical to the Certification of Completeness of

3536Records form that had accompan ied the January 5 L etter.

354711. The January 19 L etter and accompanying documents were

3557received by Respondent on Ja nuary 21, 2012.

356512. Respondent, through its owner/administrator Angel Cox,

3572responded to the records requests made in the January 5 and

3583January 19 L etters by providing MPI with copies of numerous

3594documents, along with two completed, signed, and dated

3602Certi fications of Completeness of Records (one for each records

3612request), o n January 24, 2012 . 6 / Ms. Cox supplemented this

3625response by faxing additional copies to MPI on February 7, 2012 .

363713. Victor Rivera, the MPI investigator to whom Respondent

3646had been dir ected to send its responses to MPI's January 5,

36582012, and January 19, 2012, records requests, reviewed the

3667documentation that Ms. Cox had submitted and determined that the

3677following Medicaid - related records that Respondent had been

3686requested to produce in the January 5 and January 19 Letters

3697were missing (hereinafter referred to collectively as the

" 3705Further Required Documentation") : written proof that D. S., an

3716employee of Respondent's who had helped deliver services for

3725which Respondent had billed the Flo rida Medicaid program from

3735June 1, 2011, through December 1, 2011, under its Developmental

3745Disabilities Home and Community - Based Medicaid W aiver services

3755provider number, had completed the infection control and zero

3764tolerance training required by the Devel opmental Disabilities

3772Waiver Services Coverage an d Limitations Handbook; and the

3781annual health assessment s required by the Assistive Care

3790Services Coverage and Limitations Handbook for the four

3798recipients of the services for which Respondent had billed the

3808Florida Medicaid program from January 1, 2011, through

3816November 30, 2011 , under its as sistive care services provider

3826n umber.

382814. At all times material to the instant cases, Respondent

3838had the Further Required Documentation in its possession, 7 /

3848however, Ms. Cox had inadvertently failed to include the se

3858documents in the submissions she made (on behalf of Respondent)

3868in response to MPI's January 5 and January 19 L etters.

387915. Ms. Cox first learned that the Further Required

3888Documentation was missing during a telephone conversation she

3896had with Mr. Rivera at the end of March 2012 , when he advised

3909her of the omission and told her that she needed to get these

3922documents to him "as soon as possible." 8 /

393116. O n April 1 or 2, 2012, n o more than three or four days

3947a fter this telephone conversation, Ms. Cox provided Mr. Rivera ,

3957by fax, with copies of the following: a certificate of

3967completion issued by APD to employee D. S. on April 28, 201 0,

3980for "Zero Tolerance Training " ; a certificate of completion

3988issued by All Me tro Health Care to employee D. S. for "Infection

4001Control Guidelines" training completed on February 12, 2011 ; and

4010a completed March 2011 annual health assessment recorded on AHCA

4020Form 1823 (2011 Health Assessment Form) for each of the four

4031recipients ident ified in the printout accompany ing the January

404119 Letter. Respondent also had in its possession the previous

4051year's completed AHCA Form 1823 (2010 Health Assessment Form)

4060for each of these recipients, but Ms. Cox did not fax copies of

4073these forms 9 / to Mr. Rivera because she reasonably believed that

4085Mr. Rive ra had asked only for the 2011 Health Assessment

4096F orms. 10 /

410017. MPI tries to "work with the [Medicaid] providers." If

4110a provider is asked by MPI to provide , "as soon as possible , " a

4123specified document or documents previously requested but not

4131produced and the provider, in response to such a follow - up

4143request, produces the document (s) in question within a matter of

4154days, it is MPI 's practice to not impose any sanctions on the

4167provider and , instead , to "m ove on to the next case." 11 / In the

4182instant cases, however, in a n unexplained departure from that

4192practice, MPI chose to issue the April 9, 2012, sanction letters

4203set out above . It is these sanction letters that frame the

4215issues to be resolved in these ca ses.

4223CONCLUSIONS OF LAW

422618. DOAH has jurisdiction over the subject matter of this

4236proceeding and of the parties hereto pursuant to chapter 120.

424619. ACHA is seeking to impose sanctions on Respondent in

4256the form of fine s of $1,000.00 (in DOAH Case No. 12 - 1664MPI) and

4272$4,000.00 (in DOAH Case No. 12 - 1841MPI) pursuant to s ection

4285409.913(15)( e ) and (16) (c) , Florida Statutes, and Florida

4295Administrative Code 59G - 9.070(7)( e ), which at all times material

4307to the instant case s have provide d , in pertinent part, as

4319f ollows:

4321§ 409.913(15)(e ), Fl a. Stat.

4327The agency shall seek a remedy provided by

4335law, including, but not limited to, any

4342remedy provided in subsections (13 ) and (16)

4350and s. 812.035, if:

4354The provider is not in compliance with

4361provisions of Medicaid provi der publications

4367that have been adopted by reference as rules

4375in the Florida Administrative Code; with

4381provisions of state or federal laws, rules,

4388or regulations; with provisions of the

4394provider agreement between the agency and

4400the provider; . . . .

4406§ 409 .913(16)(c), Fla. Stat.

4411The agency shall impose any of the following

4419sanctions or disincentives on a provider or

4426a person for any of the acts described in

4435subsection (15):

4437Imposition of a fine of up to $ 5,000 for

4448each violation. Each day that an ongoi ng

4456violation continues, such as refusing to

4462furnish Medicaid - related records or refusing

4469access to records, is considered, for the

4476purposes of this section, to be a separate

4484violation. . . .[ 12 / ]

4491Florida Administrat ive Code 59G - 9.070(7)(e )

4499SANCTIONS: In addition to the recoupment of

4506the overpayment, if any, the Agency will

4513impose sanctions as outlined in this

4519subsection. Except when the Secretary of

4525the Agency determines not to impose a

4532sanction, pursuant to Section

4536409.913(16)(j), F.S., [ 13 / ] sanctions sh all be

4546impos ed as follows:

4550For failure to comply with the provisions of

4558the Medica id laws: For a first offense,

4566$ 1,000 fine per claim found to be in

4576violation. For a second offense, $ 2,500

4584fine per claim found to be in violation.

4592For a third or sub sequ ent offense, $ 5,000

4603fine per claim found to be in violation.

4611[Section 409.913(15)(e), F.S.].

4614Because they are penal in nature, these statutory and rule

4624provisions must be strictly construed , with any ambiguities

4632being resolved in favor of Respondent. See Dyer v. Dep't of

4643Ins. , 585 So. 2d 1009 (Fla. 1st DCA 1991 ) ( court " [a]ppl[ied] the

4657principle of statutory construction that penal statutes must be

4666strictly construed in favor of the party to be penalized " ).

467720. In order to fine a provider for a violation of

"4688Medicaid laws," ACHA must establish the provider's guilt of the

4698violation by clear and convincing evidence. See Dep't of

4707Banking & Fin. v. Osborne Stern & Co. , 670 So. 2d 932, 935 (Fla.

47211996)("[A]n administrative fine deprives the person fined of

4730subs tantial rights in property. Administrative fines . . . are

4741generally punitive in nature. . . . Because the imposition of

4752administrative fines . . . [is] penal in nature and implicate[s]

4763significant property rights, the extension of the clear and

4772convinci ng evidence standard to justify the imposition of such a

4783fine is warranted."); Diaz de la Portilla v. Fla. Elect. Comm'n ,

4795857 So. 2d 913, 917 (Fla. 3d DCA 2003)("We agree with the

4808administrative law judge that the standard of proof in a case

4819seeking fines under chapter 106 is clear and convincing

4828evidence."); and § 120.57(1)(j) ("Findings of fact shall be

4839based on a preponderance of the evidence, except in penal or

4850licensure disciplinary proceedings . . . .").

485821. Clear and convincing evidence is an "int ermediate

4867standard," "requir[ing] more proof than a 'preponderance of the

4876evidence' but less than 'beyond and to the exclusion of a

4887reasonable doubt.'" In re Graziano , 696 So. 2d 744, 753 (Fla.

48981997). For proof to be considered "'clear and convincing' . . .

4910the evidence must be found to be credible; the facts to which

4922the witnesses testify must be distinctly remembered; the

4930testimony must be precise and explicit and the witnesses must be

4941lacking in confusion as to the facts in issue. The evidence

4952must be of such weight that it produces in the mind of the trier

4966of fact a firm belief or conviction, without hesitancy, as to

4977the truth of the allegations sought to be established." In re

4988Davey , 6 45 So. 2d 398, 404 (Fla. 1994)(quoting with approval

4999Slomowitz v. Walker , 429 So. 2d 797, 800 (Fla. 4th DCA 1983) ) ;

5012see also In re Adoption of Baby E. A. W. , 658 So. 2d 961, 967

5027(Fla. 1995)("The evidence [in order to be clear and convincing]

5038must be sufficient to convince the trier of fact without

5048hesitancy."). "Althou gh this standard of proof may be met where

5060the evidence is in conflict, . . . it seems to preclude evidence

5073that is ambiguous." Westinghouse Electric Corp., Inc. v. Shuler

5082Bros., Inc. , 590 So. 2d 986, 989 (Fla. 1st DCA 1991).

509322. In determining whether AHCA has met its burden of

5103proof, it is necessary to evaluate its evidentiary presentation

5112in light of the specific allegations of wrongdoing made in the

5123charging instrument provided to the alleged "Medicaid laws"

5131violator . Due process prohibits an agency from taking penal

5141action based on matters (either factual or legal) not

5150specifically alleged, unless those matters have been tried by

5159consent. See Trevisani v. Dep't of Health , 908 So. 2d 1108,

51701109 (Fla. 1st DCA 2005)("A physician may not be disciplined for

5182an offense not charged in the complaint.") ; Marcelin v. Dep't of

5194Bus. & Prof'l Reg. , 753 So. 2d 745, 746 - 747 (Fla. 3d DCA

52082000)("Marcelin first contends that the administrative law judge

5217found that he had committed three violations which were not

5227alle ged in the administrative complaint. This point is well

5237taken. . . . We strike these violations because they are

5248outside the administrativ e complaint.") ; and Delk v. Dep't of

5259Prof'l Reg. , 595 So. 2d 966, 967 (Fla. 5th DCA 1992)("[T]he

5271conduct proved must legally fall within the statute or rule

5281claimed [in the administrative complaint] to have been

5289violated.").

529123. The charging instrument s in the instant case, AHCA's

5301April 9, 2012, sanction letter s to Respondent , allege (in DOAH

5312Case No. 12 - 1664MPI) that Respondent "fail[ed] to provide

5322[required] proof of current Infection Control and Zero Tolerance

5331training for employee D [.] S [.] " and (in DOAH Case No. 12 -

53451841MPI) that Respondent "[f]ail[ed] to maintain a current

5353Health Assessment" for the four recipient s referenced in the

5363January 19 Letter.

536624. With respect to the latter allegation , the record

5375evidence affirmatively establishes that, while Respondent may

5382not have produced the "Health Assessments" in question within

5391the "15 day period" specified in the J anuary 19 Letter, it did

5404have in its possession and "maintain" these "Health Assessments"

5413at all times material to DOAH Case No. 12 - 1841MPI. 14 /

5426Accordingly, given AHCA's failure to meet its burden of proving

5436the allegation made in the charging instrument i n that case,

5447that allegation must be dismissed.

545225. With respect to the "failure to provide" allegation

5461made in DOAH Case No. 12 - 1664MPI, the record evidence clearly

5473and convincingly establishes that Respondent did pro vide to MPI

5483the "Infection Control an d Zero Tolerance training" documents

5492referenced in the sanction letter, just not "within fifteen (15)

5502calendar days of [Respondent's] receipt" of the January 5

5511Letter , which was the deadline set forth in the letter for

5522Respondent's responding to the letter 's production request .

5531Although Respondent did not meet this deadline, the record

5540evidence establishes that at no time during this 15 - day response

5552period, or thereafter, did Respondent knowing ly or intentionally

5561refuse (as opposed to merely inadvertently fail) to provide MPI

5571with these documents (which at all material times existed and

5581were maint ained by Respondent) , and it further establishes that,

5591o nce Respondent was advised by MPI that these particular

5601documents were not, but should have been, included in

5610Respondent's initial su bmissions in response to the general "all

5620Medicaid records" production request made in the January 5

5629Letter 15 / and that Respondent needed to provide the se missing

5641documents to MPI "as soon as possible , " it was only a matter of

5654days before Respondent supplemented its prior submissions to MPI

5663with the required documents . It h as been the practice of AHCA

5676(through MPI) , when faced with similar provider behavior, to

5685find no sanctionable conduct under section 409.913(15)(e) and

5693(16)(c) a nd Florida Administrative Code 59G - 9.070(7)(e) . AHCA

5704has not offered, nor does the undersigned find , any

5713justification for deviating from this agency practice in

5721Respondent's case. Accordingly, consistent with this practice,

5728the "failure to provide" alle gation made in DOAH Case No. 12 -

57411664MPI should be dismissed. See Pagan v. Sarasota Cnty. Pub.

5751Hosp. Bd. , 884 So. 2d 257, 266 (Fla. 2d DCA 2004)(Canady, J.,

5763concurring specially)(" Denying precedential effect to the

5770decision of this case in future cases pre senting similar facts

5781and issues would, however, be inconsistent with the fundamental

5790principle that like cases should be treated alike. "); Nordheim

5800v. Dep't of Envtl. Prot. , 719 So. 2 d 1212, 1214 (Fla. 3d DCA

58141998) ("PERC abused its discretion in failing t o consider the

5826rule in Jackson . Refusing to do so was an exercise of agency

5839discretion that was 'inconsistent with officially stated agency

5847po licy or a prior agency practice' not explained by the

5858agency. "); Gessler v. Dep't of Bus. & Prof'l Reg. , 627 So. 2d

5871501, 504 (Fla. 4th DCA 1993)("The concept of stare decisis , by

5883treating like cases alike and following decisions rendered

5891previously involving similar circumstances, is a core principle

5899of our system of justice. . . . While it is apparent that

5912agencies , with their significant policy - making roles, may not be

5923bound to follow prior decisions to the extent that the courts

5934are bound by precedent, it is nevertheless apparent the

5943legislature intends there be a principle of administrative stare

5952decisis in Flori da."); Martin Mem'l Hosp. Ass'n v. Dep't of HRS ,

5965584 So. 2d 39, 40 (Fla. 4th DCA 1991)("[A]gency action which

5977yields inconsistent results based upon similar facts, without

5985reasonable explanation, is improper.") ; Ag. f or Health Care

5995Admin. v. Beth Shalom Co rp. , Case No. 2011004055, 2012 Fla. Div.

6007Adm. Hear. LEXIS 84 **4 - 7 (ACHA Feb. 13, 2012)("[W]hile

6019Petitioner is correct in stating that '[t]he determination of

6028each case must be done by applying the facts of that case to the

6042statutory definition of the clas sification of a deficiency as

6052found in section 408.813(2)(a),' past agency precedent must also

6062guide that determination. When an agency departs from its prior

6072precedent, it must give an explanation for the departure. When

6082asked why the Agency departed fr om its precedent of citing PEG

6094violations as Class II violations, Petitioner's witness simply

6102answered 'lack of leadership.' The Agency's witness gave no

6111further explanation for the departure from prior Agency

6119precedent. Thus, the Agency's classification of the violations

6127alleged in this case as Class I violations could not withstand

6138judicial review.") ; and § 120.68(7)(e)3 ("The court shall remand

6149a case to the agency for further proceedings consistent with the

6160court's decision or set aside agency action, as app ropriate,

6170when it finds that: [t] he agency's exerci se of discretion was:

6182[i] nconsistent with officially stated agency policy or a prior

6192agency practice, if deviation therefrom is not explained by the

6202agency.").

6204RECOMMENDATION

6205Based upon the forego ing Findings of Fact and Conclusions

6215of Law, it is hereby

6220RECOMMENDED that the Agency for Health Care Administration

6228dismiss the allegations made against Respondent in the April 9,

62382012, sanction letters issued in these case s and it not impose

6250any sanction s against Respondent for the conduct alleged in

6260these letters.

6262DONE AND ENTERED this 2 1st day of February , 201 3 , in

6274Tallahassee, Leon County, Florida.

6278S

6279___________________________________

6280STUART M. LERNER

6283Administrative Law Judge

6286Division of Administrative Hearings

6290The DeSoto Building

62931230 Apalachee Parkway

6296Tallahassee, Florida 32399 - 3060

6301(850) 488 - 9675

6305Fax Filing (850) 921 - 6847

6311www.doah.state.fl.us

6312Filed with the Clerk of the

6318Division of Administrative Hearings

6322this 2 1st day of February, 2013 .

6330ENDNOTES

63311 / Unless otherwise noted, all references in this Recommended

6341Ord er to Florida Statutes are to that version of Florida

6352Statutes in effect at the time of the occurrence of the

6363particular event or action being discussed.

63692 / The hearing was originally scheduled to commence in July

63802012, but was continued/postponed four times.

63863 / "The statutory framework applicable to Florida's Medicaid

6395program conditions the receipt of funds from the AHCA on the

6406existence of a Provider Agreement." Diaz v. State, 65 So. 3d

641778, 80 (Fla. 3d DCA 2011) .

64244 / As was explained in Diaz , 65 So . 3d at 79 - 80:

6439The AHCA is the Medicaid agent for Florida

6447provided by federal law. However, the AHCA

6454has delegated the duty to perform daily

6461operations to the APD. In essence, the APD

6469ensures that waiver program providers comply

6475with applicable rules an d regulations, while

6482the AHCA pays qualified providers for

6488services rendered to program recipients. A

6494qualified provider must possess a facilities

6500license and enter into a Provider Agreement

6507with the APD. Quali fied providers receive a

6515Medicaid number ena bling the rec eipt of

6523payment from the AHCA.

65275 / At all times material to both DOAH Case No. 12 - 1664MPI and

6542DOAH Case No. 12 - 1841MPI, Florida Administrative Code Rule 59G -

65541.010(30), (154), and (160) provided as follows:

6561The following definitions are appli cable to

6568all sections of Chapter 59G, F.A.C., unless

6575specifically stated otherwise in one (1) of

6582those sections. These definitions do not

6588apply to any Agency for Health Care

6595Administration (Agency), Medicaid program

6599rules other than those in Chapter 59G,

6606F.A.C.:

6607(30) "Business records" are those documents

6613related to the administrative or commercial

6619activities of a provider, as contrasted with

6626medical or professional activities.

6630Business records made available to Medicaid

6636must be dated and legible. Busin ess records

6644include, as applicable, admission, accident,

6649appointment, assignment, billing, contract,

6653eligibility, financial, insurance, legal,

6657medical release, patient activity, peer

6662review, personnel, procurement,

6665registration, signature authorization, ta x,

6670third party correspondence, utilization

6674review documents, all administrative or

6679commercial records that are customarily

6684prepared or acquired and are customarily

6690retained by the provider, and administrative

6696or commercial records that are required by

6703stat ute or rule to be prepared or acquired

6712and retained by the provider. Records may

6719be on paper, magnetic material, film or

6726other media. Also see "Medical records" and

"6733Medicaid related records."

6736(154) "Medicaid - related records" means

6742records that relate to the provider's

6748business or profession and to a Medicaid

6755recipient. Medicaid - related records include

6761records related to non - Medicaid customers,

6768clients, or patients, to the extent that the

6776documentation is shown by the department to

6783be necessary to dete rmine a provider's

6790entitlement to payments under the Medicaid

6796program. Also see "Business records" and

"6802Medical records."

6804(160) "Medical records" means those

6809documents corresponding to medical or allied

6815care, goods, or services furnished in any

6822place of service. The records may be on

6830paper, magnetic material, film, or other

6836media. In order to qualify as a basis for

6845reimbursement, the medical records must be

6851dated, signed or otherwise attested to, as

6858appropriate to the media, and legible.

6864(a) Medical records will include, as

6870applicable:

68711. Date of service on each visit, and time

6880spent with patient on each visit;

68862. Place of service;

68903. Patient's name and date of birth;

68974. Caregiver's signature (not stamp or

6903facsimile), and name and title of per son

6911performing the service. When the caregiver

6917is the billing practitioner, the name and

6924title must appear on the claim form;

69315. Referring physician;

69346. Chief complaint on or purpose of each

6942visit;

69437. Medical history;

69468. Findings on examination;

69509. Medications administered, prescribed or

6955dispensed;

695610. Description of treatment, when

6961applicable;

696211. Daily progress notes, physician's

6967orders, prescriptions, and recommendations

6971for additional treatments or consultations;

697612. Laboratory reports , X - ray and other

6984image records, and other tests and results;

699113. Documentation related to medical

6996equipment and supplies ordered or

7001prescribed; and

700314. All other records that are customarily

7010prepared or acquired, and are customarily

7016retained by the pr ovider and all records

7024that are required by statute or rule to be

7033prepared or acquired and retained by the

7040provider.

7041(b) Also see "Business records" and

"7047Medicaid - related records."

70516 / These items were mailed by Ms. Cox on January 23, 2012, and

7065received by MPI the following day.

70717 / In fact, this documentation could have been made available to

7083MPI investigators during their December 6, 2011, visit to

7092Respondent's facility had the investigators not decided to cut

7101the visit short.

71048 / Mr. Rivera had not previously communicated with Ms. Cox,

7115either verbally or in writing, regarding the matter.

71239 / The 2010 Health Assessment Forms (which were not faxed to Mr.

7136Rivera) covered that portion of the January 1, 2011, through

7146November 30, 2011, billing period ref erenced in the January 19

7157Letter not covered by the 2011 Health Assessment Forms (which

7167were faxed to Mr. Rivera).

717210 / The 2010 Health Assessment Forms were offered and received

7183into evidence as Respondent's Exhibit G in DOAH Case No. 12 -

71951841MPI.

719611 / M r. Rivera so testified -- credibly, in the opinion of the

7210undersigned -- as reflected on page 58 of the hearing Transcript.

722112 / The "left flush" language at the end of section 409.913(16)

7233makes the imposition of such a fine discretionary. It provides

7243as foll ows:

7246The Secretary of Health Care Administration

7252may make a determination that imposition of

7259a sanction or disincentive is not in the

7267best interest of the Medicaid program, in

7274which case a sanction or dis incentive shall

7282not be imposed.

728513 / As noted above , it is the "left flush" language at the end

7299of section 409.913(16) , not section 409.913(16)( j ), which gives

7309the Secretary such discretion.

731314 / Unlike the sanction letter in DOAH Case No. 12 - 1664MPI, the

7327sanction letter in DOAH Case No. 12 - 1841MPI alleg es a "[f]ailure

7340to maintain ," not a "failure to provide ."

734815 / Th e request made by MPI in its letter placed the burden on

7363Respondent to determine exactly what specific documents in its

7372possession it needed to pro duce to comply with the request.

7383COPIES FURNISHED:

7385Rachic A. Wilson, Esquire

7389Agency for Health Care Administration

7394Mail Stop 3

73972727 Mahan Drive

7400Tallahassee, Florida 32308

7403Curtis Randolph, Esquire

74062801 Orange Avenue, Suite B

7411Fort Pierce, Flori da 34947

7416Elizabeth Dudek, Secretary

7419Agency for Health Care Administration

7424Mail Stop 1

74272727 Mahan Drive

7430Tallahassee, Florida 32308

7433Stuart Williams, General Counsel

7437Agency for Health Care Administration

7442Mail Stop 3

74452727 Mahan Drive

7448Tallahassee, Florida 32308

7451Richard J. Shoop , Agency Clerk

7456Agency for Health Care Administration

7461Mail Stop 3

74642727 Mahan Drive

7467Tallahassee, Florida 32308

7470NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

7476All parties have the right to submit written exceptions within

748615 days from the d ate of this recommended order. Any exceptions

7498to this recommended order should be filed with the agency that

7509will issue the final order in this case.

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Date
Proceedings
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Date: 04/29/2013
Proceedings: Agency Final Order
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Date: 04/29/2013
Proceedings: Agency Final Order
PDF:
Date: 04/29/2013
Proceedings: (Agency) Final Order filed.
PDF:
Date: 02/21/2013
Proceedings: Recommended Order
PDF:
Date: 02/21/2013
Proceedings: Recommended Order (hearing held October 12, 2012). CASE CLOSED.
PDF:
Date: 02/21/2013
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 02/08/2013
Proceedings: Agency for Health Care Administration's Proposed Recommended Order filed.
PDF:
Date: 02/07/2013
Proceedings: Respondent`s Proposed Recommended Orders filed.
PDF:
Date: 01/25/2013
Proceedings: Order Granting Extension of Time.
PDF:
Date: 01/23/2013
Proceedings: Joint Status Report and Motion for Extension of Time to File Proposed Recommened Orders filed.
PDF:
Date: 01/14/2013
Proceedings: Order Requiring Further Status Report.
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Date: 01/11/2013
Proceedings: Joint Status Report (filed in Case No. 12-001841MPI).
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Date: 12/12/2012
Proceedings: Order Requiring Status Report and Extending Proposed Recommended Order Filing Deadline.
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Date: 12/10/2012
Proceedings: Joint Motion for Extension of Time to File Proposed Recommended Orders filed.
Date: 12/06/2012
Proceedings: CASE STATUS: Motion Hearing Held.
Date: 11/14/2012
Proceedings: Transcript of Proceedings (not available for viewing) filed.
PDF:
Date: 11/07/2012
Proceedings: Order Closing Evidentiary Record and Requiring Status Report.
Date: 11/07/2012
Proceedings: CASE STATUS: Motion Hearing Held.
Date: 11/05/2012
Proceedings: Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
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Date: 11/05/2012
Proceedings: AHCA's Notice of Filing Exhibit J.
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Date: 10/30/2012
Proceedings: Order Granting Motion to Hold Record Open Additional Time.
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Date: 10/29/2012
Proceedings: Agency for Health Care Administration's Motion for Leave of Court to Maintain Open Record for Additional Time (filed in Case No. 12-001841MPI).
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Date: 10/29/2012
Proceedings: Agency for Health Care Administration's Motion for Leave of Court to Maintain Open Record for Additional Time filed.
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Date: 10/25/2012
Proceedings: Notice of Filing Proposed Exhibits (exhibits not available for viewing) filed.
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Date: 10/23/2012
Proceedings: Notice of Filing Exhibit G.
Date: 10/12/2012
Proceedings: CASE STATUS: Hearing Held.
Date: 10/05/2012
Proceedings: Respondent's Proposed Exhibits filed (exhibits not available for viewing).
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Date: 10/04/2012
Proceedings: Notice of Filing Proposed Exhibits.
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Date: 09/10/2012
Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 12, 2012; 9:00 a.m.; Port St. Lucie, FL).
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Date: 09/07/2012
Proceedings: Unopposed Motion for Continuance filed.
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Proceedings: Petitioner's Proposed Exhibits (exhibits not available for viewing)
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Proceedings: Petitioner's Proposed Exhibits (exhibits not available for viewing)
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Date: 09/06/2012
Proceedings: Agency for Healthcare Administration's (Proposed) Exhibit List (filed in Case No. 12-001841MPI).
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Date: 09/06/2012
Proceedings: Agency for Healthcare Administration's Witness List filed.
PDF:
Date: 08/14/2012
Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 13, 2012; 9:00 a.m.; Port St. Lucie, FL).
PDF:
Date: 08/13/2012
Proceedings: Unopposed Motion for Continuance filed.
PDF:
Date: 07/10/2012
Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for August 21, 2012; 9:00 a.m.; Port St. Lucie, FL).
PDF:
Date: 07/10/2012
Proceedings: Order of Consolidation (DOAH Case Nos. 12-1664MPI and 12-1841MPI).
PDF:
Date: 07/09/2012
Proceedings: Unopposed Motion for Continuance filed.
PDF:
Date: 07/02/2012
Proceedings: Motion to Consolidate filed.
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Date: 06/01/2012
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 06/01/2012
Proceedings: Notice of Hearing by Video Teleconference (hearing set for July 26 and 27, 2012; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
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Date: 05/30/2012
Proceedings: Joint Response to Initial Order filed.
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Date: 05/18/2012
Proceedings: Initial Order.
PDF:
Date: 05/18/2012
Proceedings: Notice (of Agency referral) filed.
PDF:
Date: 05/18/2012
Proceedings: Petition for Formal Hearing filed.
PDF:
Date: 05/18/2012
Proceedings: Agency action letter filed.

Case Information

Judge:
STUART M. LERNER
Date Filed:
05/18/2012
Date Assignment:
07/10/2012
Last Docket Entry:
04/29/2013
Location:
Port St. Lucie, Florida
District:
Southern
Agency:
Other
Suffix:
MPI
 

Counsels

Related Florida Statute(s) (5):