18-006788F Agency For Health Care Administration vs. Acr Community Services, Llc Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 15, 2019.

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STATE OF FLORIDA 2019 FED _ 9 A 11: 32

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

DOAH CASE NO. 18- 6788F

Petitioner, AHCA NO. 2016- 0006768

PROVIDER NO. 003949200

V.

ACR COMMUNITY SERVICES, LLC,

Respondent.

FINAL ORDER ON COSTS

THIS CAUSE concerns a dispute over the amount of costs the Agency for Health

Care Administration (" Agency") is entitled to collect from Respondent pursuant to

section 409. 913( 23), Florida Statutes, since it prevailed in the underlying matter.

On November 30, 2018, the Agency entered a final order in DOAH Case No. 18-

3878MPI after Respondent had voluntarily dismissed its Petition for Formal

Administrative Hearing. The Final Order authorized the Agency to collect the

investigative, legal, and expert witness costs it incurred in the matter. It required the

parties to attempt to agree to amount of such costs, and required each of the parties to file

a request for hearing with the Division of Administrative Hearings (" DOAH") if an

agreement could not be reached.

On December 28, 2018, Petitioner filed a Petition for Recovery of Fees and Costs

with DOAH.

On January 15, 2019, Petitioner filed an Unopposed Motion to Relinquish

Jurisdiction to AHCA with DOAH based on the fact Respondent no longer contested the

amount of costs the Agency was seeking. The Unopposed Motion to Relinquish

Jurisdiction to AHCA was granted on the same date, and an Order Closing File was

entered.

On January 23, 2019, Petitioner filed an Unopposed Motion for Award of Fees

and Costs (" Motion") with the Agency Clerk, which is attached to this Final Order as

Exhibit A. In the Motion, Petitioner stated the parties had agreed that the amount of

investigative, legal, and expert witness costs due to the Agency pursuant to section

409. 913( 23), Florida Statutes, is $ 255, 355. 08.

Based on the foregoing,

IT IS THEREFORE ORDERED AND ADJUDGED THAT:

The Motion is hereby granted. Pursuant to section 409. 913( 23), Florida Statutes,

the Agency is entitled to recover all investigative, legal, and expert witness costs if the

Agency' s findings were not contested by the provider, or, if contested, the Agency

ultimately prevailed. Accordingly, Respondent is hereby required to pay $ 255, 355. 08 in

investigative, legal, and expert witness costs to the Agency. The investigative, legal, and

expert witness costs totaled as follows: 1) investigative costs in the amount of $ 4, 312. 11;

2) legal costs ( including attorney' s fees, attorney travel expenses, and litigation costs) in

the amount of $ 225, 087. 82; and 3) expert witness costs ( including expert witness fees) in

the amount of $ 25, 935. 15. The Agency deems each of these three categories of costs

appropriate for recovery under section 409. 913( 23), Florida Statutes.

Respondent shall make full payment of the costs to the Agency for Health Care

Administration within 30 days of the rendition date of this Final Order unless other

payment arrangements have been agreed to by the parties. Respondent shall pay by

check payable to the Agency for Health Care Administration and mailed to the Agency

for Health Care Administration, Office of Finance and Accounting, 2727 Mahan Drive,

Mail Stop 14, Tallahassee, Florida 32308.

DONE and ORDERED this ' 2 day of mor , 2019, in Tallahassee,

Florida.

EW, SECRETARY

AGF OR b1EALTH CARE ADMINISTRATION

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER OF

DISMISSAL WITH PREJUDICE IS ENTITLED TO JUDICIAL REVIEW, WHICH

SHALL BE INSTITUTED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH

THE AGENCY CLERK OF AHCA, AND A COPY, ALONG WITH THE FILING FEE

PRESCRIBED BY LAW, 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 THE

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 to the persons named below by the method designated on this I Ky

of (` , r z s 12019.

RI HARD . SHOOP, Agency Olerk

Agency ar Health Care Admi ' tration

2727 Mahan Drive, MS # 3

Tallahassee, FL 32308

850) 412- 3689

COPIES FURNISHED TO:

Angela D. Miles, Esquire

Christopher B. Lunny, Esquire

Karen Asher - Cohen, Esquire

Radey Law Firm

301 South Bronough Street

Suite 200

Tallahassee, Florida 32301

via electronic mail to amiles@radeylaw. com, clunny@radeylaw. com,

and karen@radeylaw. com)

Michael Gennett, Esquire

Akerman, LLP

350 East Las Olas Boulevard

Suite 1600

Fort Lauderdale, Florida 33301

via electronic mail to michael. gennett@akerman. com,

and ruby. reid@akerman. com)

Martin R. Dix, Esquire

Akerman, LLP

106 East College Avenue

Suite 1200

Tallahassee, Florida 32301

via electronic mail to martin. dix@akerman. com)

Medicaid Program Integrity

Office of the Inspector General

via electronic mail)