13-001570 Res-Care, Inc. vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, May 13, 2013.

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STATE STATE OF OF FLORIDA FLORIDA e

AGENCY AGENCY FOR FOR HEALTH HEALTH CARE CARE ADMINISTRATION ADMINISTRATION

2014 2014 AUG AUG IIP I I P 3: 3: 34 31.1

RES- RES-CARE, CARE, INC., INC.,

CASE CASE NO.: NO.: 13-1570MPI 13- 157OMPI

Petitioner, Petitioner, PROVIDER PROVIDER NO.: NO.: 0280305- 0280305-01 01

INVOICE INVOICE NO.: NO.: NH16722 NH16722

VS. vs.

STATE STATE OF OF FLORIDA, FLORIDA, AGENCY AGENCY FOR FOR

HEALTH HEALTH CARE CARE ADMINISTRATION, ADMINISTRATION,

Respondent. Respondent.

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FINAL FINAL ORDER ORDER

This This cause cause came came before before the the Agency Agency for for Health Health Care Care Administrationfor Administration for issuance issuance of of a a

Final Final Order. Order.

1. 1. On On March March 26, 26, 2013, 2013, the the Agency Agency sent sent a a letter letter to to the the Petitioner Petitioner notifying notifying the the

Petitioner Petitioner that that it it owed owed an an overpayment overpayment in in the the amount amount of $ of 565,279. 55 $565,279.55 to to the the

Agency Agency based based upon upon an an adjustment adjustment in in the the Petitioner' Petitioner's s overpayment overpayment rates ( rates Exhibit (Exhibit

A). A).

2. 2. On On April April 16, 16, 2013, 2013, the the Petitioner Petitioner filed filed a a Petition Petition for for Formal Formal Hearing Hearing and and the the

Agency Agency Clerk Clerk referred referred the the Petition Petition for for Formal Formal Hearing Hearing to to the the Division Division of of

Administrative Administrative Hearings Hearings for for further further proceedings. proceedings.

4. 4. On On May May 13, 13, 2013, 2013, the the Administrative Administrative Law Law Judge Judge assigned assigned to to the the case case entered entered an an

Order Order Closing Closing File File and and Relinquishing Relinquishing Jurisdiction Jurisdiction based based upon upon a a Joint Joint Motion Motion to to

Relinquish Relinquish Jurisdiction Jurisdiction filed filed by by the the parties. parties.

5. 5. On On May May 23, 23,2014, 2014, the the Agency Agency rescinded rescinded the the overpayment overpayment letter ( letter Exhibit (Exhibit B). B).

6. 6. The The Agency' Agency's s rescission rescission of of the the overpayment overpayment letter letter has has rendered rendered this this matter matter moot. moot.

Based on the foregoing,

IT IS THEREFORE ORDERED AND ADJUDGED THAT:

Respondent's right to a hearing in this matter has been rendered moot and the Agency's

May 11,2013 overpayment letter is rescinded. The parties shall govern themselves accordingly.

DONE AND ORDERED this 5Ei- day of /& , 2014 in Tallahassee,

Leon County, Florida.

ELIZ BETH DUDEK, SECRETARY

AGE {:)" FOR HEALTH CARE ADMINISTRA nON

NOTICE OF RIGHT TO JUDICIAL REVIEW

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

TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE

ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE AGENCY

FOR HEALTH CARE ADMINISTRATION, AND A COPY ALONG WITH THE FILING

FEE PRESCRIBED BY LAW WITH THE DISTRICT COURT OF APPEAL IN THE

APPELLATEDISTRICT 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.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has

been furnished by U.S. or interoffice mail to the persons named below on this of

,2014.

Agency for Health Care Administration

2727 Mahan Drive, MS #3

Tallahassee, Florida 32308

COPIES FURNISHED TO:

Douglas Lomonico

Assistant General Counsel

George N. Meros, Jr.

GrayRobinson, P.A.

Post Office Box 11189

Tallahassee, Florida 32302-3189

MedicaidProgram Integrity

Office of the Inspector General

Shawn McCauley

Medicaid Contract Management

Division of Medical Quality Assurance

Department of Health