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Home » Cases Under Administrative Hearing » 20-000306MPI

20-000306MPI Agency For Health Care Administration vs. Aba Way, Llc
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, February 28, 2020.

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1STATE OF FLORIDA

4AGENCY FOR HEALTH CARE ADMINISTRATION

92128 JUN 25 A 11: 0" 1

16STATE OF FLORIDA, AGENCY FOR

21HEALTH CARE ADMINISTRATION,

24Petitioner,

25VS. MPI DOAH Case Case No.: No.: 2018- 20- 0011242 0306MPI

36Provider No. 017444300

39ABA WAY LLC,

42Respondent.

43FINAL ORDER

45THIS CAUSE comes before the AGENCY FOR HEALTH CARE ADMINISTRATION

55the " Agency") concerning a Final Audit Report ( the " FAR") dated April 17, 2019. The FAR

73concluded there was an overpayment to ABA WAY LLC (" Provider") in the amount of

89212, 106. 00. Fines were assessed in the amount of $ 42, 421. 20 for violation of Rule 59G -

1099. 070( 7)( e), Florida Administrative Code, and $ 2, 500. 00 for violation of Rule 59G - 9. 070( 7)( c),

131Florida Administrative Code. Costs were assessed in the amount of $ 689. 16, for a total amount

148due of $ 257, 716. 36.

154On May 9, 2019, Respondent filed a Petition for Formal Hearing requesting a formal

168administrative hearing pursuant to section 120. 57( l), Fla. Stat., to dispute the facts contained in

184the Agency' s Final Audit Report. The Matter was referred to the Division of Administrative

199Hearings ( DOAH) on January 22, 2020 and assigned to Administrative Law Judge Robert E.

214Meale.

215ARCA v. ABA Way, LLC

220DOAH Case No.: 20- Provider 0306MPI No.: MPI 017444300 Case No.: 2018- 0011242

233Final Order

235Page 1 of 4

239On February 25, 2020, Respondent filed a Motion to Dismiss Petition for Formal Hearing

253with DOAH. On February 26, 2020, the Agency filed a Motion to Relinquish Jurisdiction based

268on the fact that Respondent's Motion to Dismiss its Petition obviated the need for a final hearing.

285On February 28, 2020, Judge Meale entered an Order Closing File and Relinquishing Jurisdiction

299It is therefore ORDERED and ADJUDGED:

3051. Provider, ABA WAY, LLC, shall issue payment to AHCA in the sum of

319S212,106.00, plus fines of$44,921.20, and costs in the amount of$689.16, for a total amount due

336of $257,716.36, together with statutory interest as set forth in section 409.913(25)(c), Florida

350Statutes.

3512. Further, Provider is advised that pursuant to section 409.913, Florida Statutes,

363failure to pay in full, or enter into and abide by the terms of any repayment schedule set forth by

383the Agency, may result in termination from the Medicaid program, withholding of future Medicaid

397payments, or other such remedies as provided by law.

4063. The above-styled case is CLOSED.

412DONE and ORDERED this 'l:!!!fay of , 2020, in Tallahassee,

421Leon County, Florida.

424Agency for Health Care

428AHCA v. ABA Way, LLC

433DOAH Case No.: 20-0306MPI MPI Case No.: 2018-0011242

441Provider No.: 017444300

444Final Order

446Page 2 of 4

450A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED

462TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY

474OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND

488COPY ALONG WITH FILING FEE AS PRESCRIBED BYLAW, WITH THE DISTRICT

499COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY

509MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW

518PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA

527APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS

539OF RENDITION OF THE ORDER TO BE REVIEWED.

547ABA Way,LLC Christopher A. Parrella, J.D., CHC, CPC, CPCO

55710700 NW 66th Street, Apt #306 The Health Law Offices of Anthony C. Vitale, P.A.

572Doral, FL 33178-5507 2333 Brickell Ave., suite A-1

580I (U.S. Mail) ; Miami, FL 33129

586I 1 CParrellara vitalehealthlaw.com

5901 (Via Electronic Mail)

594Kelly Bennett, Chief, MPI Division of Health Quality Assurance

603(Electronic Mail) Bureau of Central Services

609ahca.mdlorida.com

610(Via Electronic Mail)

613Stefan R. Grow, Esquire Division of Health Quality Assurance

622General Counsel Bureau of Health Facility Regulation

629(Via Electronic Mail) BHfRra ahca.myflorida.com

634(Via Electronic Mail)

637Shena L. Grantham, Esquire Bureau of Financial Services

645MAL & MPI Chief Counsel (Via Electronic Mail)

653: (Via Electronic Mail)

657Bradley Butler, Jr, Esquire

661Medicaid Administrative Legal Counsel

665(by Electronic Mail)

668AHCA v. ABA Way, LLC

673DOAH Case No.: 20-0306MPI MPI Case No.: 2018-0011242

681Provtder No.: 017444300

684Final Order

686Page 3 of4

689CERTIFICATE OF SERVICE

692I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to

708the above named addressees by U.S. Mail or Electronic Mail on this the of

722Ric oo

724Agency Clerk

726State of Florida

729Agency for Health Care Administration

7342727 Mahan Drive, Building #3

739Tallahassee, Florida 32308-5403

742(850) 412-3689

744AHCA v. ABA Way, LLC

749DOAH Case No.: 20-{)306MPl MPI Case No.: 2018-0011242

757Provider No.: 017444300

760Final Order

762Page 4 of4

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 07/29/2020
Proceedings: Agency Final Order filed.
PDF:
Date: 06/25/2020
Proceedings: Agency Final Order
PDF:
Date: 02/28/2020
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 02/27/2020
Proceedings: Motion to Withdraw as Counsel filed.
PDF:
Date: 02/26/2020
Proceedings: Motion to Relinquish Jurisdiction filed.
PDF:
Date: 02/25/2020
Proceedings: Motion to Dismiss Petition for Formal Hearing filed.
PDF:
Date: 02/14/2020
Proceedings: Notice of Service of Petitioner's First Request for Admissions and Request for Production of Documents filed.
PDF:
Date: 02/11/2020
Proceedings: Notice of Deposition Pursuant to FLA.R.CIV.P.1.310(b)(6) filed.
PDF:
Date: 01/29/2020
Proceedings: Notice of Hearing by Video Teleconference (hearing set for March 27, 2020; 9:00 a.m.; Miami and Tallahassee, FL).
PDF:
Date: 01/29/2020
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 01/23/2020
Proceedings: Initial Order.
PDF:
Date: 01/22/2020
Proceedings: Final Audit Report filed.
PDF:
Date: 01/22/2020
Proceedings: Petition for Formal Hearing filed.
PDF:
Date: 01/22/2020
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
ROBERT E. MEALE
Date Filed:
01/22/2020
Date Assignment:
01/22/2020
Last Docket Entry:
07/29/2020
Location:
Miami, Florida
District:
Southern
Agency:
Other
Suffix:
MPI
 

Counsels

Related Florida Statute(s) (2):