18-003878MPI Agency For Health Care Administration vs. Acr Community Services, Llc Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 13, 2018.

STATE OF FLORIDA 2018 "` d" 30 AIIS44

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION

Petitioner, CASE NO.: 18- 3878MPI

MPI CASE NO.: 2016- 0006768

VS. PROVIDER NO.: 003949200

NPI NO.: 1467731687

ACR COMMUNITY SERVICES, LLC,

Respondent.

FINAL ORDER

THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION

AHCA" or " Agency") concerning a Final Audit Report (" FAR") dated May 10, 2018 ( Exhibit

1). The FAR concluded that ACR Community Services, LLC (" Provider") was overpaid

6, 002, 378. 21 for services that, in whole or in part, are not covered by Medicaid. In addition, a

fine was assessed in the amount of $ 402, 000. 00 for violation( s) of Rule 59G - 9. 070( 7)( e), Florida

Administrative Code.

On May 21, 2018, the Provider filed a Petition for Formal Administrative Hearing

Petition") with respect to the FAR ( Exhibit 2). The Agency Clerk forwarded the Provider' s

Petition to the Division of Administrative Hearings (" DOAH") and the case was assigned to an

Administrative Law Judge (" ALJ").

On November 13, 2018, the Provider filed a Notice of Voluntary Dismissal of its Petition.

Exhibit 3). That same day, and as a result of the Provider' s Notice of Voluntary Dismissal, the

ALJ issued an Order Closing Case and Relinquishing Jurisdiction to the Agency ( Exhibit 4).

It is therefore ORDERED and ADJUDGED:

1. Provider ACR Community Services, LLC, shall issue payment to AHCA in the sum

of$6,002,378.21, plus a fine in the amount of$402,000.00 for a total of$6,404,378.21, together

with statutory interest, as set forth in section 409.913(25)(c), Florida Statutes.

2. Furthermore, Provider is advised that, pursuant to section 409.913, Florida Statutes,

failure to pay in full, or enter into and abide by the terms of any repayment schedule set forth by

the Agency may result in termination from the Medicaid program, withholding of future Medicaid

payments, or other such remedies as provided by law.

3. Finally, because the Agency has prevailed in this matter (and the Provider does not

contest the Agency's findings, as reflected in the FAR), the Agency is entitled to recover from the

Provider "all investigative, legal and expert witness costs" associated with this matter.

§ 409.913(23)(a), Fla. Stat. The parties shall attempt to agree to the amount of investigative, legal,

and expert witness costs for this matter. If the parties are unable to reach such agreement, either

party may file a request for hearing with DOAH under this case style within 30 days ofthe date of

rendition of this Final Order, and the ALJ who presided over this matter shall determine the amount

of such costs.

4. The above-styled case is closed.

DONE and ORDERED this o day of , 2018, in Tallahassee, Florida.

lOR, SECRETARY

Agency for Health Care Administration

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:

Michael Paul Gennett, Esquire Christopher Brian Lunny, Esquire

Akerman, LLP Radey Law Firm, P .A.

350 East Las Olas Boulevard, Suite 1600 301 South Bronough Street, Suite 200

Fort Lauderdale, Florida 33301 Tallahassee, Florida 32301

M i_cb<1>

Angela D. Miles, Esquire Karen Asher-Cohen, Esquire

Radey Law Firm, P.A. Radey Law Firm, P .A.

301 South Bronough, Suite 200 301 South Bronough Street

Tallahassee, Florida 32301 Tallahassee, Florida 32301

atl_l i

Shena L. Grantham, Esquire Division of Health Quality Assurance

Joseph G. Hem, Jr., Esquire Bureau of Central Services

Bradley S. Butler, Esquire CSM U -R6(o. ahca.mytlorida.com

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Electronic Mail)

Division of Health Quality Assurance Bureau of Financial Services

Bureau of Health Facility Regulation (Electronic Mail)

BHFR(a ahca.myt1orida.com

Kelly Bennett, Chief, MPI

(Electronic Mail)

CERTIFICATE OF SERVICE

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

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

,

Agency for Health Care Administration

2727 Mahan Drive, MS #3

Tallahassee, Florida 32308-5403

[phone]/FAX [phone]