19-004179 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.

STATE OF FLORIDA AGENCY CLERK

AGENCY FOR HEALTH CARE ADMINISTRATION

MR SEP 2b P 12. 24

SUNRISE COMMUNITY, INC.,

Petitioner,

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

VERSA No. 2016007891 VERSA No. 2016007892

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

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

VERSA No. 2016007893 VERSA No. 2016007894

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

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

VERSA No. 2016007895 VERSA No. 2016007896

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

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Respondent.

FINAL ORDER

THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION

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

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

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

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

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

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

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

and incorporated by reference herein as Composite Exhibit A.

I

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

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

Hearings ("DOAH").

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

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

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

attached hereto and incorporated by reference as Composite Exhibit B.

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

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

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

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

by DOAH as a result of the voluntary dismissal.

ORDER

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

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

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

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

corresponding rate adjustments.

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

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

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

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

3. The above-styled case is closed.

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

County, Florida.

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:

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

9040 Sunset Drive 1881 S. Bayshore Drive

Miami, FL 33173 Miami, FL 33133

(U.S. Mail) [e-mail]

(Electronic mail)

Toriano Hatcher

Audit Services Administrator Zainab Day, Regulatory Analyst Supervisor,

(Electronic mail) MPF

(Electronic Mail)

Bureau of Financial Services

(Electronic mail) Deborah Kenon, Government Operations

Consultant, MPF

Steven Malono, Esq. (Electronic Mail)

Office of General Counsel

(Electronic mail)

State ofFlorida, Division of Administrative

Stefan R. Grow, General Counsel Hearings

(Electronic Mail) The Desoto Building

1230 Apalachee Parkway

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

MAL & MPI Chief Counsel

(by Electronic Mail)

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 the

Agency for Health Care Administration

2727 Mahan Drive, MS #3

Tallahassee, Florida 32308-5403

[phone]/FAX [phone]