17-001970MPI Agency For Health Care Administration vs. Adventist Health System/Sunbelt, Inc., D/B/A Florida Hospital Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, February 21, 2020.

iY* I L

STATE OF FLORIDA

AGENCY FOR HEALTHCARE ADMINISTRATION 2020 APR 2 q A & S 0

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION, DOAH CASE NO.: 17- 197OMPI

Petitioner, MPI CASE NO.: 2015- 0002809

VS. C. I. NO.: 15- 0255- 000

PROVIDER NO.: 010129001

ADVENTIST HEALTH SYSTEM / SUNBELT, NPI LICENSE NO.: NO.: 1306938071 4369

INC. DBA FLORIDA HOSPITAL,

Respondent.

FINAL ORDER

THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION

the " Agency") for entry of a Final Order.

1. This matter concerns a Final Audit Report (" FAR") dated February 21, 2017

Exhibit " A"), notifying the Respondent, ADVENTIST HEALTH SYSTEM/ SUNBELT, INC.

DBA FLORIDA HOSPITAL ( PROVIDER), and alleging that AHCA overpaid Respondent for

certain services rendered to Medicaid eligible undocumented aliens. ( FAR attached " Exhibit A")

2. On March 7, 2017, PROVIDER filed a Petition for Formal Hearing.

3. On August 16, 2017, an Amended Sua Sponte Order Closing File and

Relinquishing Jurisdiction was issued by the Division of Administrative Hearings ( DOAH)

pending the litigation of Lee Memorial Health System Gulf Coast Medical Center v. Agency for

Health Care Administration, DOAH Case No. 15- 3876, First District Court of Appeal Case No.

1D16- 1969 (" Gulf Coast"), AHCA v. Lee Memorial Health System d1b/ a Lee Memorial Hospital,

Case No. 14- 4171MPI & 15- 3271MPI, First DCA No. 1D16- 3975 ( Lee Memorial) and AHCA v.

AHCA vs. Adventist Health System/ Sunbelt, Inc. d/ b/ a Florida Hospital

DOAH Case No.: 17- 197OMPI MPI Case No.: 2015- 0002809 C. I. No.: 15- 0255- 000

Provider No.: 010129001 NPI No.: 1306938071 License No.: 4369

Pagel of 4

Cape Memorial Hospital, Inc. d/b/a Cape Coral Hospital, Case No. 14-3606MPI, First DCA No.

ID16-5310 (Cape Memorial).

4. On February 27, 2019, the First District Court of Appeal issued its Opinion in the

cases mentioned above.

5. On January 23, 2020, the Agency filed a Notice of Voluntary Dismissal (Exhibit

"B") of the case.

6. On January 31, 2020, Respondent filed a Motion for Reassignment of an

Administrative Law Judge with DOAH.

7. By Order dated February 21, 2020, DOAH denied the Respondent's Motion and

closed its file.

It is therefore ORDERED and ADJUDGED:

1. The FAR dated February 21, 201 7, is hereby vacated.

2. The Agency agrees that Respondent is eligible for and may seek a refund of all

amounts previously recouped by the Agency with regard to the FAR that is the subject of this

matter. The total amount recouped by the Agency to date is $751,708.96. Within 60 days of the

Final Order, Financial Services shall prepare the refund application and mail it to the Provider.

Once an originally signed, complete, and correct application is received at the Agency, Mail Stop

#14, Financial Services shall process the application for refund.

Based on the foregoing, this

DONE and ORDERED on this the fl 'ifuy 2020, in Tallahassee, Florida.

ARY . MAYHEW, SECRET

Agency for Health Care Administration

AHCA vs. Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital

DOAH Case No.: 17-1970MP1 MP1 Case No.: 2015-0002809 C.I. No.: 15-0255-000

ProviderNo.:Ol0129001 NPINo.: 1306938071 LicenscNo.:4369

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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 BYLAW, 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:

Adventist Health System/Sunbelt, Inc. John Buchanan, Esquire

DBA Florida Hospital Attorney for Provider

900 Winderley Place, Suite 2100 [e-mail]

Maitland, FL 32751-0000 (Electronic Mail)

(U.S. Mail)

Division ofHealth Quality Assurance Bureau of Financial Services

Bureau of Health Facility Regulation (Electronic Mail)

[e-mail]

(Electronic Mail)

Division of Health Quality Assurance Shena L. Grantham, Esquire

Bureau of Central Services MAL & MPI Chief Counsel

CSMU -86@ahca.m yflorida.com (Electronic Mail)

(Electronic Mail)

Kelly Bennett, Chief, MPI Stefan R. Grow, Esquire

(Electronic Mail) General Counsel

(Electronic Mail)

Joseph G. Hem, Jr., Esquire

Medicaid Admin. Litigation Counsel

(Electronic Mail)

AHCA vs. Adventist Health System/Sunbelt. Inc. d/b/a Florida Hospital

DOAH Case No.: 17-1970MPI MPI Case No.: 2015-0002809 C.l. No.: 15-0255-000

ProviderNo.:OI0129001 NPINo.: 1306938071 LicenseNo.:4369

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CERTIFICATE OF SERVICE

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

the above named addressees by U.S. Mail or other designated method on this

,2020.

Richar oop,

Agency Clerk

State of Florida

Agency for Health Care Administration

2727 Mahan Drive, MS #3

Tallahassee, Florida 32308-5403

[phone]/FAX [phone]

AHCA vs. Adventist Health System/Sunbelt. Inc. d/b/a Florida Hospital

DOAH Case No.: 17-1970MPI MPI Case No.: 2015-0002809 C.l. No.: 15-0255-000

Provider No.: 010129001 NPI No.: 1306938071 License No.: 4369

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