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18-002209MPI Agency For Health Care Administration vs. Abrakidabra Kids Clinic, Llc
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 3, 2018.

View Dockets  

1STATE OF FLORIDA

4AGENCY FOR HEALTH CARE ADMINISTRATION

9STATE OF FLORIDA, 77' , -)

14AGENCY FOR HEALTH CARE 26116 PIS 00

21ADMINISTRATION,

22Petitioner, DOAH Case No.: 18- 2209MPI

28MPI Case No.: 2017- 0007775

33vs. Provider No.: 002184400

37NPI No.: 1366699944

40ABRAKIDABRA KIDS CLINIC, LLC,

44Respondent.

45TERMINATION FINAL ORDER

48THIS CAUSE is before me for issuance of a Final Order.

591. In a letter dated December 19, 2017, (" Termination Letter" attached as Exhibit " 1")

75Abrakidabra Kids Clinic, LLC ( Respondent), was informed that the State of Florida,

88Agency for Health Care Administration ( the " Agency") applied a sanction of termination

102with cause from participation in the Florida Medicaid program, in accordance with Sections

115409. 913, Florida Statutes ( F. S.), and Rule 59G- 9. 070, Florida Administrative Code

130F. A. C.). A termination pursuant to this rule is also called a " for cause" or " with cause"

148termination. The Respondent is prohibited from performing any action that results in a

161claim for payment to the Medicaid program as a result of furnishing, supervising a person

176who is furnishing, or causing a person to furnish goods or services.

1882. On or about January 5, 2018, Respondent filed a petition for a formal administrative

203hearing alleging there were disputed material facts. ( Petition attached as Exhibit " 2")

2173. On or about May 2, 2018, this case was referred to the Division of Administrative Hearings

234DOAH") for a formal hearing based on Respondent' s Petition for Administrating Hearing.

248A final hearing was scheduled at DOAH for August 14, 2018.

2594. On or about July 24, 2018, the Court issued an Order to Show Cause Why File Should

277Not Be Closed. ( July 24, 2018, Order attached as Exhibit " 3")

290Agency for Health Care MPI Administration Case No.: 2017- v. Abrakidabra 0007775) Kids Clinic, LLC

305Final Order

307Page 1 of 5

3115. On or about August 3, 2018, the Court issued an Order Closing File and Relinquishing

327Jurisdiction to the Agency. (August 3, 2018, Order attached as Exhibit "4")

3406. On or about August 16, 2018, Counsel for Petitioner filed a Motion to Dismiss

355Respondent's Petition with the Agency Clerk. (August 16, 2018, Motion to Dismiss

367attached as Exhibit "5")

3727. On or about August 24, 2018, the Agency Clerk issued an order granting the Motion to

389Dismiss Respondent's Petition for Administrative Hearing with Prejudice and instructing

399the Agency to enter a Final Order dismissing Respondent's Petition for Administrative

411Hearing with Prejudice and upholding the December 19, 2017, Termination Letter as final.

424(August 24, 2018, Order attached as Exhibit "6")

4338. The sanction as set forth in the December 19, 2017, Termination Letter (Exhibit "1") is

450final.

451THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK.

460Agency for Health Care Administration v. Abrakidabra Kids Clinic, LLC

470(MPI Case No.: 2017-0007775)

474Final Order

476Page 2 of 5

480Based on the foregoing, it is ORDERED and ADJUDGED that the Respondent is TERMINATED

494with cause in accordance with Section 409.913, Florida Statutes, and Rule 59G-9.070, Florida

507Administrative Code.

509DONE and ORDERED on this the day of , 2018, in Tallahassee,

520Florida.

521. SENIOR, SECRETARY

524ncy for Health Care Administration

529Agency for Health Care Administration v. Abrakidabra Kids Clinic, LLC

539(MPI Case No.: 2017-0007775)

543Final Order

545Page 3 of 5

549A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A

563JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF

577APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY ALONG WITH

590FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE

604APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR

613WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN

623ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST

634BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

647Copies furnished to:

650Heather Riddle, CPNP, DNP

654Abrakidabra Kids Clinic, LLC

6581198 Mariner Boulevard

661Spring Hill, FL 34609

665(U.S. mail)

667Kelly Bennett, Chief Stefan R. Grow, Esquire

674Medicaid Program Integrity General Counsel

679(Electronic Mail) (Electronic Mail)

683Division of Health Quality Assurance Division of Health Quality Assurance

693Bureau of Health Facility Regulation Bureau of Central Services

702BHFR@ahca.mvtlorida.com CSMU-86@ahca.myflorida.com

704(Electronic Mail) (Electronic Mail)

708Bureau of Financial Services Shena L. Grantham, Esquire

716(Electronic Mail) MAL & MPI Chief Counsel

723(Electronic Mail)

725Kimberly Murray, Esquire Shawn McCauley

730Assistant General Counsel Medicaid Fiscal Agent Operations

737(Electronic Mail) (Electronic Mail)

741Warren Moore Tracy Jeter-Cummings

745Medicaid Plan Management Operations Medicaid Plan Management Operations

753(Electronic Mail) (Electronic Mail)

757floridaexclusions@oig. hhs.gov providerterm inations@cms. hhs.gov

762(Electronic Mail) (Electronic Mail)

766Agency for Health Care Administration v. Abrakidabra Kids Clinic, LLC

776(MPI Case No.: 2017-0007775)

780Final Order

782Page 4 of 5

786CERTIFICATE OF SERVICE

789I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to

805Q

806the above named addressees by U.S. Mail or other designated method on this the Jt:S. aay of

8231 2018.

825Ric

826Agency Clerk

828State of Florida

831Agency for Health Care Administration

8362727 Mahan Drive, MS #3

841Tallahassee, Florida 32308-5403

844(850) 412-3689/FAX (850) 921-0158

848Agency for Health Care Administration v. Abrakidabra Kids Clinic, LLC

858(MPI Case No.: 2017-0007775)

862Final Order

864Page 5 of 5

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 12/28/2018
Proceedings: Agency Termination Final Order filed.
PDF:
Date: 12/03/2018
Proceedings: Agency Final Order
PDF:
Date: 08/03/2018
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 07/24/2018
Proceedings: Order to Show Cause Why File Should Not Be Closed.
PDF:
Date: 07/13/2018
Proceedings: Amended Motion to Compel Answers to Discovery and for Sanctions (correction to heading only) filed.
PDF:
Date: 07/12/2018
Proceedings: Motion to Compel Answers to Discovery and for Sanctions filed.
PDF:
Date: 06/04/2018
Proceedings: Order Granting Continuance and Rescheduling Hearing (hearing set for August 14, 2018; 1:00 p.m.; Tallahassee, FL).
PDF:
Date: 06/04/2018
Proceedings: Motion to Continue Final Hearing filed.
PDF:
Date: 05/17/2018
Proceedings: Notice of Service of Petitioner's First Set of Interrogatories, First Request for Admissions, and First Request for Production filed.
PDF:
Date: 05/14/2018
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 05/14/2018
Proceedings: Notice of Hearing (hearing set for July 30, 2018; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 05/10/2018
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 05/03/2018
Proceedings: Initial Order.
PDF:
Date: 05/02/2018
Proceedings: Agency action letter filed.
PDF:
Date: 05/02/2018
Proceedings: Petition for Administrative Hearing filed.
PDF:
Date: 05/02/2018
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
LINZIE F. BOGAN
Date Filed:
05/02/2018
Date Assignment:
05/03/2018
Last Docket Entry:
12/28/2018
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
MPI
 

Counsels

Related Florida Statute(s) (1):

Related Florida Rule(s) (1):