19-004178 Sunrise Community, Inc. Et Al vs. Agency For Health Care Administration
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, September 5, 2019.


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1STATE OF FLORIDA AGENCY CLERK

6AGENCY FOR HEALTH CARE ADMINISTRATION

11MR SEP 2b P 12. 24

17SUNRISE COMMUNITY, INC.,

20Petitioner,

21vs. Case No. 19- 4177 Case No. 19- 4178

30VERSA No. 2016007891 VERSA No. 2016007892

36Engagement No. DD16- 015C Engagement No. DD16- 016C

44Case No. 19- 4179 Case No. 19- 4180

52VERSA No. 2016007893 VERSA No. 2016007894

58Engagement No. DD16- 017C Engagement No. DD16- 018C

66Case No. 19- 4181 Case No. 19- 4182

74VERSA No. 2016007895 VERSA No. 2016007896

80Engagement No. DD16- 019C Engagement No. DD16- 020C

88STATE OF FLORIDA, AGENCY FOR

93HEALTH CARE ADMINISTRATION,

96Respondent.

97FINAL ORDER

99THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION

109the " Agency") concerning six ( 6) examination reports for the period ending June 30, 2014. In

126letters dated March 6, 2019, Petitioner was informed that the Agency had completed an

140examination of its Medicaid cost reports for the reporting period specified in the letters. The letters

156consisted of examination reports that notified Petitioner of adjustments to its cost reports for the

171reporting period specified in each letter. Adjustments to the cost report impact the rate of Medicaid

187payments to Petitioner. A retroactive rate adjustment can result in an overpayment determination

200for which Petitioner is obligated to repay. The original Examination Reports are attached hereto

214and incorporated by reference herein as Composite Exhibit A.

223I

224The Petitioner filed a Petition for Formal Administrative Hearing with respect to the

237Examination Reports that was forwarded by the Agency Clerk to the Division of Administrative

251Hearings ("DOAH").

255On August 14, 2019, the Agency agreed to revise the Examination Reports, and filed

269Amended Examination Reports with DOAH. The revisions were by handwritten notes and

281interlineations to the original Examination Reports. The Amended Examination Reports are

292attached hereto and incorporated by reference as Composite Exhibit B.

302On August 30, 2019, the Petitioner filed its Request for Entry of Recommended Order

316Adopting the Amended Examination Reports, and agreed to the voluntary dismissal of the six ( 6)

332consolidated DOAH cases. The Request is attached as Exhibit C.

342On September 5, 2019, an Order Closing Case and Relinquishing Jurisdiction was issued

355by DOAH as a result of the voluntary dismissal.

364ORDER

365BASED on the foregoing, it is hereby ORDERED and ADJUDGED:

3751. The Agency incorporates and adopts the statements and conclusions of law as set forth in

391the attached Composite Exhibit B. By virtue of Petitioner's voluntary dismissal, the facts support

405the conclusion that the cost report adjustments are true and accurate and form the basis for any

422corresponding rate adjustments.

4252. The rate adjustments will be assessed immediately and any overpayments which resulted

438are due and owing to the Agency. Notice of the rate adjustment and any overpayments which

454result from the retroactive rate adjustment will be conveyed to Petitioner. At that time, Petitioner

469is obligated to repay the overpayment or make satisfactory arrangements with the Agency.

4823. The above-styled case is closed.

488DONE and ORDERED this cJL, day of _ ---'-1'----"--' 2019, in Tallahassee, Leon

502County, Florida.

504A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED

516TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY

528OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND

542COPY ALONG WITH FILING FEE AS PRESCRIBED BYLAW, WITH THE DISTRICT

553COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY

563MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW

572PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA

581APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS

593OF RENDITION OF THE ORDER TO BE REVIEWED.

601Copies furnished to:

604Sunrise Community, Inc. Steven M. Weinger, Esq.

6119040 Sunset Drive 1881 S. Bayshore Drive

618Miami, FL 33173 Miami, FL 33133

624(U.S. Mail) Weingerlaw@gmail.com

627(Electronic mail)

629Toriano Hatcher

631Audit Services Administrator Zainab Day, Regulatory Analyst Supervisor,

639(Electronic mail) MPF

642(Electronic Mail)

644Bureau of Financial Services

648(Electronic mail) Deborah Kenon, Government Operations

654Consultant, MPF

656Steven Malono, Esq. (Electronic Mail)

661Office of General Counsel

665(Electronic mail)

667State ofFlorida, Division of Administrative

672Stefan R. Grow, General Counsel Hearings

678(Electronic Mail) The Desoto Building

6831230 Apalachee Parkway

686Shena L. Grantham, Esquire Tallahassee, Florida 32399-3060

693MAL & MPI Chief Counsel

698(by Electronic Mail)

701CERTIFICATE OF SERVICE

704I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to

720the above named addressees by U.S. Mail or other designated method on this the

734Agency for Health Care Administration

7392727 Mahan Drive, MS #3

744Tallahassee, Florida 32308-5403

747(850) 412-3689/FAX (850) 921-0158

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 10/11/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 09/26/2019
Proceedings: Agency Final Order
PDF:
Date: 09/05/2019
Proceedings: Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 09/04/2019
Proceedings: Respondent's Response to Petitioner's Request for Entry of Recommended Order Adopting the Amended Examination Reports filed.
PDF:
Date: 08/30/2019
Proceedings: Petitioner's Answer to Respondent's Notice of Filing Amended Examination Reports and Compliance With Order to Amend Examination Report and Answer and Request for Entry of Recommended Order Adopting the Amended Examination Reports filed.
PDF:
Date: 08/29/2019
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 08/29/2019
Proceedings: Notice of Hearing (hearing set for October 2, 2019; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 08/28/2019
Proceedings: Respondent's Notice of Filing Amended Examination Reports filed.
PDF:
Date: 08/28/2019
Proceedings: Order to Amend Examination Report and Answer.
Date: 08/27/2019
Proceedings: CASE STATUS: Status Conference Held.
PDF:
Date: 08/26/2019
Proceedings: Notice of Telephonic Status Conference (status conference set for August 27, 2019; 2:00 p.m.).
PDF:
Date: 08/22/2019
Proceedings: Petitioner's Response to Respondent's Motion for Status Conference filed.
PDF:
Date: 08/22/2019
Proceedings: Respondent's Motion for Status Conference filed.
PDF:
Date: 08/21/2019
Proceedings: Order of Consolidation (DOAH Case Nos. 19-4177, 19-4178, 19-4179, 19-4180, 19-4181, 19-4182).
PDF:
Date: 08/12/2019
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 08/07/2019
Proceedings: Initial Order.
PDF:
Date: 08/06/2019
Proceedings: Petition of Sunrise Community, Inc. and the Following Cluster Facilities Initiating Formal Proceeding regarding State of Florida Agency for Health Care Administration Letters (and All Attachments Thereto) filed.
PDF:
Date: 08/06/2019
Proceedings: Agency action letter filed.
PDF:
Date: 08/06/2019
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
JOHN D. C. NEWTON, II
Date Filed:
08/06/2019
Date Assignment:
08/07/2019
Last Docket Entry:
10/11/2019
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
 

Counsels