20-001083MPI
Agency For Health Care Administration vs.
Jkp Analysts, Llc
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 9, 2020.
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 9, 2020.
1A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED
13TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY
25OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND
39COPY ALONG WITH FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT
51COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY
61MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW
70PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA
79APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS
91OF RENDITION OF THE ORDER TO BE REVIEWED.
99Copies furnished to:
102JKP Analysts, LLC Joshua Pritchard, PH. D.
109PO Box 536010 JKP Analyst, LLC
115Orlando, FL 32853- 6010 Respondent' s Representative
122U. S. Mail) josh( a) jk by a. com
131josh e, exceptionallearners. com
135Electronic Mail)
137Kelly Bennett, Chief MPI Ryan Fitch, Chief Central Services
146Division of Health Quality Assurance Division of Health Quality Assurance
156Medicaid Program Integrity Bureau of Central Services
163Electronic Mail) Electronic Mail)
167William H. Roberts, Esquire Laura MacLafferty, Bureau Chief
175Acting General Counsel Division of Health Quality Assurance
183Office of the General Counsel Bureau of Health Facility Regulation
193Electronic Mail) Electronic Mail)
197Shena L. Grantham, Esquire Stephanie Scanlon, Chief Financial Officer & Bureau Chief
209MAL & MPI Chief Counsel Bureau of Financial Services
218Office of the General Counsel Electronic Mail)
225Electronic Mail)
227Timothy Sparks, Esquire Susan Sapoznikoff, Esquire
233Senior Attorney Senior Attorney
237Office of the General Counsel Office of the General Counsel
247Electronic Mail) Electronic Mail)
251Agency for Health MPI Care Case Administration No.: 2017- 0008327 vs. JKP Analysts, LLC.
265Final Order
267Page 2 of 3
271CERTIFICATE OF SERVICE
274I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
290the above- named addressees by U. S. Mail or other designated method on this the / da of
308G
309Richard. Shoop, Bs4uire
312Agency Clerk
314State of Florida
317Agency for Health Care Administration
3222727 Mahan Drive, MS # 3
328Tallahassee, Florida 32308- 5403
332850) 412- 3689/ FAX ( 850) 921- 0158
340Agency for Health MPI Care Case Administration No.: 2017- 0008327 vs. JKP Analysts, LLC.
354Final Order
356Page 3 of 3
360STATE OF FLORIDA
363DIVISION OF ADMINISTRATIVE HEARINGS
367STATE OF FLORIDA, AGENCY FOR
372HEALTH CARE ADMINISTRATION,
375Petitioner,
376DOAH CASE NO.: 20- 1083MPI
381V. MPI CASE NO.: 2017- 0008327
387PROVIDER NO.: 017429300
390JKP ANALYSTS, LLC,
393Respondent.
394SETTLEMENT AGREEMENT
396Petitioner, STATE OF FLORIDA, AGENCY FOR HEALTH CARE
404ADMINISTRATION (" AHCA" or " Agency"), and Respondent, JKP ANALYSTS, LLC,
415Provider"), and collectively " the Parties," by and through the undersigned, hereby stipulate and
429agree as follows:
432WHEREAS, pursuant to section 409. 902, Florida Statutes, the Agency has been
444designated as the single state agency authorized to make payments for medical assistance and
458related services under Title XIX of the Social Security Act, and is responsible for administering
473the Florida Medicaid Program in accordance with state and federal law; and
485WHEREAS, Provider is a Medicaid provider in the State of Florida, having been issued
499Provider Number 0 174293 00, and was a Medicaid provider during all times material hereto; and
515WHEREAS, pursuant to section 409. 913, Florida Statutes, the Agency' s Bureau of
528Medicaid Program Integrity (" MPI") is empowered to audit for, inter alia, provider practices that
544result in an unnecessary cost to the Medicaid program; and
554AHCA v. JKP Analysts, LLC
559MPI Case No.: 2017- 0008327
564Settlement Agreement
566Page 1 of 8
570WHEREAS, the Agency conducted an audit of Medicaid claims submitted by Provider
582for the period November 1, 2017, through December 31, 2018, " the audit period" herein; and
597WHEREAS, in its Final Audit Report (" FAR") dated August 2, 2019, ( attached hereto as
614Exhibit A and incorporated herein by reference), the Agency notified Provider that a review of
629Medicaid claims performed by MPI during the audit period indicated that certain claims, in whole
644or in part, were inappropriately paid by Medicaid; and
653WHEREAS, the Agency sought repayment of this overpayment, in the amount of one
666hundred sixty thousand, seven hundred twenty- five dollars and fifteen cents ($ 160, 725. 15); and
682WHEREAS, the Agency additionally applied sanctions in accordance with sections
692409. 913( 15), ( 16), and ( 17), Florida Statutes, and Rule 59G- 9. 070, Florida Administrative Code,
710specifically, assessing a sanction in the form of a fine against Provider in the amount of thirty- two
728thousand, one hundred forty- five dollars and three cents ($ 32, 145. 03) for violations of Rule 59G -
7479. 070( 7)( e), Florida Administrative Code, and in the amount of two thousand, five hundred dollars
764and zero cents ($ 2, 500. 00) for violations of Rule 59G - 9. 070( 7)( c), Florida Administrative Code;
784and
785WHEREAS, the Agency also sought to recover its costs in the amount of seven hundred
800fifty- eight dollars and seven cents ($ 758. 07), pursuant to section 409. 913( 23)( a), Florida Statutes;
818and
819WHEREAS, the total amount due was one hundred ninety- six thousand, one hundred
832twenty- eight dollars and twenty- five cents ($ 196, 128. 25); and
844WHEREAS, in response to the FAR Provider timely filed a Petition for an Informal
858Administrative Hearing; and
861AHCA v. JKP Analysts, LLC
866MPI Case No.: 2017- 0008327
871Settlement Agreement
873Page 2 of 8
877WHEREAS, during the pendency of litigation Provider has submitted additional
887documentation and AHCA has reviewed such documentation; and
895WHEREAS, the Parties now desire to resolve this matter without further administrative
907proceedings;
908NOW THEREFORE, in consideration of the mutual promises and recitals herein, and for
921other good and valuable consideration, the sufficiency of which is acknowledged by both the
935Agency and the Provider, the Parties enter into this settlement agreement (" Agreement") intending
950to be legally bound and agree as follows:
9581. AHCA agrees to accept the payment set forth herein in settlement of the overpayment,
973fines, and costs arising from the above - referenced audit.
983a. Provider agrees to pay AHCA the sum of one hundred three thousand, five hundred
998ninety dollars and twenty cents ($ 103, 590. 20) (" total settlement amount due"), which includes
1015overpayment in the amount of one hundred thousand, two hundred thirteen dollars and ninety- nine
1030cents ($ 100, 213. 99); plus a sanction of two thousand, five hundred dollars and zero cents
10472, 500. 00) for violation of Rule 59G - 9. 070( 7)( c); and costs of eight hundred seventy- six dollars
1068and twenty- one cents ($ 876. 21).
1075b. No later than thirty ( 30) days after the entry of a final order in this matter, Provider
1094shall make a front - load payment of twenty thousand dollars and zero cents ($ 20, 000. 00). Any
1113monies collected by the Agency' s Bureau of Financial Services shall be used to offset the front -
1131load payment. As of 08/ 03/ 2020, the Agency' s Bureau of Financial Services has collected fifteen
1148thousand, nine hundred forty- one dollars and thirty- two cents ($ 15, 941. 32).
1162c. Beginning November 1, 2020, and continuing on the l' day of each subsequent
1176month, Provider agrees to submit five ( 5) monthly payments of fourteen thousand, three hundred
1191AHCA v. JKP Analysts, LLC
1196MPI Case No.: 2017- 0008327
1201Settlement Agreement
1203Page 3 of 8
1207forty dollars and eighty- five cents ($ 14, 340. 85), and one ( 1) final monthly payment of fourteen
1226thousand, three hundred forty dollars and eighty- six cents ($ 14, 340. 86). The outstanding balance
1242accrues at 10% interest per year from the date of determination of the overpayment by the Agency.
1259A copy of the Amortization Schedule is attached hereto as Exhibit B and incorporated herein by
1275reference.
1276d. Should Provider' s enrollment with Medicaid be terminated, the total settlement
1288amount due shall be paid to the Agency no later than thirty ( 30) days after the date of termination.
1308e. Provider and AHCA agree that full payment of the total settlement amount due,
1322as set forth above, resolves and settles this case completely and releases the Parties from any
1338administrative or civil liabilities arising from the findings relating to the claims determined to have
1353been overpaid.
13552. Provider agrees that Provider shall not re - bill the Medicaid Program in any manner
1371for claims that were the subject of the review in this case and were determined to be not covered
1390by Medicaid.
1392Payment shall be made to:
1397AGENCY FOR HEALTH CARE ADMINISTRATION
1402Medicaid Accounts Receivable - Mail Stop # 14
14102727 Mahan Drive, Bldg. 2, Suite 200
1417Tallahassee, Florida 32308
14204. Payment shall clearly indicate that it is made pursuant to a settlement agreement and
1435shall reference the MPI Case Number and Provider Number.
1444Provider agrees that failure to pay any monies due and owing under the terms of this
1460Agreement shall constitute Provider' s authorization for the Agency, without further notice, to
1473AHCA v. JKP Analysts, LLC
1478MPI Case No.: 2017- 0008327
1483Settlement Agreement
1485Page 4 of 8
1489withhold the remaining total settlement amount due under the terms of this Agreement from any
1504monies due and owing to Provider for any Medicaid claims.
15146. AHCA reserves the right to enforce this Agreement under the laws of the State of
1530Florida, the Rules of the Medicaid Program, and all other applicable laws, rules, or regulations.
15457. This Agreement does not constitute an admission of wrongdoing or error by the Parties
1560or either of them with respect to this matter or any other matter.
15738. The signatories to this Agreement, acting in a representative capacity, represent that
1586they are duly authorized to enter into this Agreement on behalf of the respective parties.
16019. This Agreement shall be construed in accordance with the provisions of the laws of
1616the State of Florida. Venue for any action arising from this Agreement shall lie in Leon County,
1633Florida.
163410. This Agreement constitutes the entire agreement between the Parties, including
1645anyone acting for, associated with, or employed by the Parties, concerning all matters, and
1659supersedes any prior discussions, agreements, or understandings. There are no promises,
1670representations, or agreements between the Parties other than as set forth herein. No modification
1684or waiver of any provision shall be valid unless a written amendment to this Agreement is
1700completed and executed by the Parties in the same manner as this Agreement was executed.
171511. This is an agreement of settlement and compromise, made in recognition that the
1729Parties may have different or incorrect understandings, information, and contentions as to facts and
1743law, and with each party compromising and settling any potential correctness or incorrectness of
1757its understandings, information, and contentions as to facts and law, so that no misunderstanding or
1772misinformation shall be a ground for rescission hereof.
1780AHCA v. JKP Analysts, LLC
1785MPI Case No.: 2017- 0008327
1790Settlement Agreement
1792Page 5 of 8
179612. Provider expressly waives in this matter its right to any hearing pursuant to sections
1811120. 569 or 120. 57, Florida Statutes, the making of findings of fact and conclusions of law by the
1830Agency, and all further or other proceedings to which it may be entitled by law, regulation, or rules
1848of the Agency regarding this matter and any and all issues raised herein. Provider further agrees
1864that it shall not challenge or contest any final order entered in this matter which is consistent with
1882the terms of this Agreement in any forum now or in the future available to it, including the right to
1902any administrative proceeding, state or federal court action, or any appeal.
191313. Provider does hereby discharge the Agency, and its employees, agents, attorneys and
1926representatives, from all claims, demands, actions, causes of action, suits, damages, losses, and
1939expenses, of any and every nature whatsoever, arising out of or in any way related to this matter
1957and the Agency' s actions herein, including, but not limited to, any claims that were or may be
1975asserted in any state or federal court or administrative forum, including any claims arising out of
1991this Agreement.
199314. Each party to this Agreement understands its right to be represented by counsel in this
2009matter. Each party further acknowledges that this Agreement was read and understood by its
2023signatories prior to execution.
202715. The Parties agree to bear their own attorney' s fees and costs, if any, with the exception
2045that Provider shall reimburse, as part of this Agreement, Agency costs in the amount of costs of
2062eight hundred seventy- six dollars and twenty- one cents ($ 876. 21). This amount is included in
2079paragraph La. above.
208216. This Agreement is and shall be deemed jointly drafted and written by the Parties and
2098shall not be construed or interpreted against the party originating or preparing it.
2111AHCA v. JKP Analysts, LLC
2116MPI Case No.: 2017- 0008327
2121Settlement Agreement
2123Page 6 of 8
212717. To the extent that any provision of this Agreement is prohibited by law for any reason,
2144such provision shall be effective to the extent not so prohibited, and such prohibition shall not affect
2161any other provision of this Agreement.
216718. This Agreement shall inure to the benefit of and be binding on the Parties' successors,
2183assigns, heirs, administrators, representatives, and trustees.
218919. All times stated herein are of the essence.
219820. This Agreement may be executed in one or more counterparts, with the same effect as
2214if all parties had signed the same document. All such counterparts together will constitute a single
2230agreement.
223121. In the event that any signature is delivered by facsimile transmission or by e- mail
2247delivery of a PDF version or similar format data file, such signature will create a valid and binding
2265obligation of the party executing the Agreement, or on whose behalf such signature is executed,
2280with the same force and effect as if such facsimile or data file signature page were an original.
229822. This Agreement shall be in full force and effect upon execution by the last signatory
2314hereto.
2315THE REMAINDER OF THIS PAGE INTENTIONALLY BLANK
2322SIGNATURE PAGE FOLLOWS
2325AHCA v. JKP Analysts, LLC
2330MPI Case No.: 2017- 0008327
2335Settlement Agreement
2337Page 7 of 8
2341JKP ANALYSTS, LLC
2344Dated: 08/ 30/ 20 , 2020
2349Jos ritchard, Ph. D.
2353Owner/ Authorized Representative of
2357JKP Analysts, LLC
2360STATE OF FLORIDA, AGENCY FOR
2365HEALTH CARE ADMINISTRATION
23682727 Mahan Drive, Bldg. 3, Mail Stop # 3
2377Tallahassee, FL 32308- 5403
2381Dated: 92020
2383MMc i stry
2386D Secretary for HQA
2390Dated: t 4' 2020
2394William H. Roberts, Esq.
2398Acting General Counsel
2401cfi%! 1 Z i. v rexzw Dated: , Nov. 6
24102020
2411Shena L. Grantham, Esq.
2415MAL & MPI Chief Counsel
2420h2. e S
2423Dated: October 1 32020
2427Timothy P. Sparks, Esq.
2431Medicaid Admin. Litigation Counsel
2435add Sly er September 25
2440Dated:, 2020
2442Susan Sapoznikoff, Esq.
2445Medicaid Admin. Litigation Counsel
2449AHCA v. JKP Analysts, LLC
2454MPI Case No.: 2017- 0008327
2459Settlement Agreement
2461Page 8 of 8
2465Exhibit A
2467RON DESANTIS
2469GOVERNOR
2470MARY C. MAYHEW
2473SECRETARY
2474CERTIFIED MAIL No.: 917199 9991 7033 6388 5986
2482August 2, 2019
2485Provider No.: 017429300
2488NPI No.: 1366696601
2491License No.: N/ A
2495JKP Analysts, LLC
2498PO BOX 536010
2501Orlando, FL 32853- 6010
2505In Reply Refer to
2509FINAL AUDIT REPORT
2512MPI Case No.: 2017- 0008327
2517Dear Provider:
2519The Agency for Health Care Administration ( Agency), Medicaid Program Integrity ( MPI), has
2533completed a review of claims for Medicaid reimbursement for dates of service during the period
2548November 1, 2017 through December 31, 2018. A preliminary audit report dated June 19, 2019
2563was sent to you indicating that we had determined you were overpaid $ 170, 074. 88. Based upon
2581a review of all documentation submitted, we have determined that you were overpaid
2594160, 725. 15 for services that in whole or in part are not covered by Medicaid. Fines of
261232, 145. 03 and $ 2, 500. 00 have been applied. The cost assessed for this audit is $ 758. 07. The
2634total amount due is $ 196, 128. 25.
2642Be advised of the following:
26471) In accordance with Sections 409. 913( 15), ( 16) and ( 17), Florida Statutes ( F. S.), and
2666Rule 59G- 9. 070, Florida Administrative Code ( F. A. C.), the Agency shall apply
2681sanctions for violations of federal and state laws, including Medicaid policy. This
2693letter shall serve as notice of the following sanction( s):
2703A fine of $ 32, 145. 03 for violation( s) of Rule 59G - 9. 070( 7)( e), F. A. C.
2724A fine of $ 2, 500. 00 for violation( s) of Rule 59G - 9. 070( 7)( c), F. A. C.
27452) Pursuant to Section 409. 913( 23)( x), F. S., the Agency is entitled to recover all
2762investigative, legal, and expert witness costs.
27682727 Tallahassee, Mahan Drive FL Mail Stop # 6 Facebook. com/ AHCAFIorida
2781AHCA. MyFlorida. com Youtube. com/ AHCAFIorida
2787Twitter. com/ AHCA FL
279132308I*
2792JKP Analysts, LLC
2795Provider No.: 017429300
2798MPI Case No.: 2017- 0008327
2803Page 2
2805BACKGROUND
2806The Agency is designated as the single state agency authorized to make payments for medical
2821assistance and related services under Title XIX of the Social Security Act, otherwise known
2835as the Medicaid program. Pursuant to Section 409. 902, F. S., payments shall be made, subject
2851to any limitations or directions provided for in the General Appropriations Act, only for
2865services included in the program, shall be made only on behalf of eligible individuals, and
2880shall be made only to qualified providers in accordance with federal requirements for Title
2894XIX of the Social Security Act and the provisions of state law.
2906Reimbursement by the State for medical goods or services provided to persons eligible for
2920Medicaid assistance is available when the services are provided in accordance with applicable
2933Medicaid laws, regulations, and policies. Section 409. 913, F. S., authorizes the Agency to
2947operate a program to oversee the activities of Florida Medicaid recipients, and providers and
2961their representatives. MPI is the state Medicaid oversight program responsible for conducting
2973reviews, investigations, and/ or audits to determine possible fraud, abuse, overpayment, or
2985recipient neglect in the Medicaid program.
2991PURPOSE AND SCOPE
2994The purpose of this audit is to conduct a review of paid claims information and any Medicaid -
3012related records maintained during the aforementioned audit period that you submitted to MPI
3025in order to determine compliance with applicable Medicaid laws, regulations, and policy. The
3038review and the determination of overpayment were made in accordance with the provisions of
3052Section 409. 913, F. S.
3057As a Medicaid provider, you are obligated to comply fully with all state and federal laws,
3073rules, regulations, and statements of policy applicable to the Medicaid program, including the
3086Medicaid Provider Handbooks issued by the Agency and all applicable federal, state, and
3099local laws pertaining to licensure. Below is a discussion of the particular findings related to
3114MPI' s review of your claims and an explanation of why these claims do not meet Medicaid
3131requirements. determination. The audit work papers are attached, listing the claims that are affected by this
3147FINDINGS
3148The findings were determined in accordance with the provisions in Section 409. 907, F. S.,
3163Section 409. 913, F. S., Rule 59G- 5. 020, F. A. C., and Rule 59G- 4. 125, F. A. C.
3183Section 409. 913( 1)( a)( 1.) states " Abuse" means: Provider practices that are inconsistent with
3198generally accepted business or medical practices and that result in an unnecessary cost to the
3213Medicaid program or in reimbursement for goods or services that are not medically necessary
3227or that fail to meet professionally recognized standards for health care.
3238JKP Analysts, LLC
3241Provider No.: 017429300
3244MPI Case No.: 2017- 0008327
3249Page 3
3251Section 409. 913( 1)( a)( 2)( e), F. S., states as follows: " Overpayment" includes any amount
3267that is not authorized to be paid by the Medicaid program whether paid as a result of
3284inaccurate or improper cost reporting, improper claiming, unacceptable practices, fraud,
3294abuse, or mistake.
3297A review of the information you provided in response to the Agency' s inquiry
3311indicates that there were billings and payments received by you for services
3323purportedly rendered by an individual( s) who ceased to work or never worked for your
3338group on the date of service for the claim( s) submitted. Payments made to you for a
3355group member or individual who did not work for you on the service date are
3370considered an overpayment.
33732. The Florida Medicaid Provider General Handbook, page 1- 2, states that only health
3387care providers that meet the conditions of participation and eligibility requirements
3398and are enrolled in Medicaid may provide and be reimbursed for rendering Medicaid -
3412covered services. The Florida Medicaid Behavior Analysis Services Coverage Policy,
3422Rule 59G- 4. 125, F. A. C., Section 3. 0, states that providers must meet the qualifications
3439specified in this policy in order to be reimbursed for Florida Medicaid BA [ behavior
3454analysis] services. Payments for Florida Medicaid Behavior Analysis Services
3463rendered by an individual determined not to meet the qualifications or for whom
3476documentation was insufficient to determine eligibility are considered an
3485overpayment.
3486PROVIDER RIGHTS
3488If you are currently involved in a bankruptcy, you should notify your attorney immediately
3502and provide a copy of this letter for them. Please advise your attorney that we need the
3519following information immediately: ( 1) the date of filing of the bankruptcy petition; ( 2) the
3535case number; ( 3) the court name and the division in which the petition was filed ( e. g.,
3554Northern District of Florida, Tallahassee Division); and ( 4) the name, address, and telephone
3568number of your attorney.
3572If you are not in bankruptcy and you concur with our findings, remit by certified check in the
3590amount of $ 196, 128. 25, which includes the overpayment amount as well as any fines imposed
3607and assessed costs. The check must be payable to the Florida Agency for Health Care
3622Administration. Questions regarding procedures for submitting payment should be directed
3632to Medicaid Accounts Receivable, ( 850) 412- 3901. To ensure proper credit, be certain that
3647JKP Analysts, LLC
3650Provider No.: 017429300
3653MPI Case No.: 2017- 0008327
3658Page 4
3660you legibly record on your check your Medicaid provider number and the MPI Case No.
3675listed on the first page of this audit report. Please mail payment to:
3688Medicaid Accounts Receivable - MS # 14
3695Agency for Health Care Administration
37002727 Mahan Drive Bldg. 2, Ste. 200
3707Tallahassee, FL 32308
3710Pursuant to Section 409. 913( 25)( d), F. S., the Agency may collect money owed by all means
3728allowable by law, including, but not limited to, exercising the option to collect money from
3743Medicare that is payable to the provider. The Final Audit Report constitutes a probable cause
3758determination by the Agency that you were overpaid by the Medicaid program. This
3771correspondence is being sent to the address last shown on your provider enrollment file in
3786compliance with Section 409. 913( 6), F. S. Thus, pursuant to Section 409. 913( 27), F. S., if
3804within 30 days following this notice you have not either repaid the alleged overpayment
3818amount or entered into a satisfactory repayment agreement with the Agency, your Medicaid
3831reimbursements will be withheld; they will continue to be withheld, even during the pendency
3845of an administrative hearing, until such time as the overpayment amount is satisfied. Pursuant
3859to Section 409. 913( 30), F. S., the Agency shall terminate your participation in the Medicaid
3875program if you fail to repay an overpayment or enter into a satisfactory repayment agreement
3890with the Agency, within 35 days after the date of a final order which is no longer subject to
3909further appeal. Pursuant to Sections 409. 913( 15)( q) and 409. 913( 25)( c), F. S., a provider that
3928does not adhere to the terms of a repayment agreement is subject to termination from the
3944Medicaid program. Finally, failure to comply with all sanctions applied or due dates may
3958result in additional sanctions being imposed.
3964You have the right to request a formal or informal hearing pursuant to Section 120. 569, F. S.
3982If a request for a formal hearing is made, the petition must be made in compliance with Rule
400028- 106. 201, F. A. C., and mediation may be available. If a request for an informal hearing is
4019made, the petition must be made in compliance with Rule 28- 106. 301, F. A. C. Additionally,
4036you are hereby informed that if a request for a hearing is made, the petition must be received
4054by the Agency within twenty- one ( 21) days of receipt of this letter. For more information
4071regarding your hearing and mediation rights, please see the attached Notice of
4083Administrative Bearing and Mediation Rights.
4088Section 409. 913( 12), F. S., provides exemptions from the provisions of Section 119. 07( 1),
4104F. S., for the complaint and all information obtained pursuant to an investigation of a Medicaid
4120provider relating to an allegation of fraud, abuse, or neglect. The Agency has made the
4135determination that your violation( s) of Medicaid policy constitute fraud or abuse as referenced
4149in Section 409. 913, F. S. Thus, all information obtained pursuant to this review is confidential
4165and exempt from the provisions of Section 11 9. 07( l), F. S., until the Agency takes final
4183agency action with respect to the provider and requires repayment of any overpayment or
4197imposes an administrative sanction by Final Order.
4204JKP Analysts, LLC
4207Provider No.: 017429300
4210MPI Case No.: 2017- 0008327
4215Page 5
4217Any questions you may have about this matter should be directed to: Stephanie Gregie, MPI
4232Investigator, Agency for Health Care Administration, Medicaid Program Integrity, 2727
4242Mahan Drive, Mail Stop # 6, Tallahassee, Florida 32308- 5403, telephone ( 850) 412- 4600,
4257facsimile ( 850) 410- 1972 or email at Stephanie. gregie@ahca. myflorida. com.
4269Sincer ,
4270Ms. Robi Olmstead
4273AHCA Administrator
4275Medicaid Program Integrity
4278RO/ sg/ jc
4281Enclosure( s)
4283Copies furnished to:
4286Bureau of Financial Services Division of Health Quality Assurance
4295Interoffice mail) Bureau of Central Services
4301Electronic Mail)
4303CSMU- 86A hca. myflorida. com
4308Division of Health Quality Assurance
4313Health Facility Regulation
4316Electronic Mail)
4318BHFR() ahca. myflorida. com
4322Notice: Section 409. 913( 16), Florida Statutes ( F. S.), provides the authority for the Agency to impose the sanction
4342of termination for cause if a provider voluntarily relinquishes its Medicaid provider number or an associated
4358license, or allows the associated licensure to expire after receiving written notice that the Agency is conducting,
4375or has conducted, an audit, survey, inspection, or investigation and that a sanction of suspension or termination
4392will or would be imposed for noncompliance discovered as a result of the audit, survey, inspection, or
4409investigation. This is notice that the Agency is conducting an audit, survey, inspection, or investigation within the
4426meaning of 409. 913( 16), F. S. Accordingly, if you voluntarily terminate your Medicaid provider number,
4442voluntarily relinquish an associated license, or allow an associated license to expire following receipt of this notice
4459but prior to the conclusion of this audit, survey, inspection, or investigation, said action will result in the imposition
4478of the sanction of termination for cause from the Medicaid program.
4489JKP Analysts, LLC
4492Provider No.: 017429300
4495MPI Case No.: 2017- 0008327
4500Page 6
4502NOTICE OF ADMINISTRATIVE HEARING AND MEDIATION RIGHTS
4509You have the right to request an administrative hearing pursuant to Sections 120. 569
4523and 120. 57, Florida Statutes. If you disagree with the facts stated in the foregoing Final Audit
4540Report ( Section hereinafter 120. 57( 1), FAR), you may request a formal administrative hearing pursuant to
4557Florida Statutes. If you do not dispute the facts stated in the FAR, but
4571believe there are additional reasons to grant the relief you seek, you may request an informal
4587administrative hearing pursuant to Section 120. 57( 2), Florida Statutes. Additionally, pursuant
4599to Section 120. 573, Florida Statutes, mediation may be available if you have chosen a formal
4615administrative hearing, as discussed more fully below.
4622The written request for an administrative hearing must conform to the requirements of
4635either Rule 28- 106. 201( 2) or Rule 28- 106. 301( 2), Florida Administrative Code, and must be
4653received by the Agency for Health Care Administration, by 5: 00 P. M. no later than 21 days
4671after you received the FAR. The address for filing the written request for an administrative
4686hearing is:
4688Richard J. Shoop, Esquire
4692Agency Clerk
4694Agency for Health Care Administration
46992727 Mahan Drive, Mail Stop # 3
4706Tallahassee, Florida 32308
4709Fax: ( 850) 921- 0158
4714Phone: ( 850) 412- 3630
4719E - File Website: http:// apips. ahea. mvflorida. com/ Efile
4729Petitions for hearing filed pursuant to the administrative process of Chapter 120, Florida
4742Statutes may be filed with the Agency by U. S. mail or courier sent to the Agency Clerk at the
4762address listed above, by hand delivery at the address listed above, by facsimile transmission to
4777850) 921- 0158, or by electronic filing through the Agency' s website at
4790http: Hat) ps. ahea. mvflorida. com/ Efile.
4797The request must be legible, on 8 % 2 by 11 - inch white paper, and contain:
48141. Your name, address, telephone number, any Agency identifying number on the FAR,
48272. if known, and name, address, and telephone number of your representative, if any;
4841An described explanation in the of FAR; how your substantial interests will be affected by the action
48583. A statement of when and how you received the FAR;
48694. For a request for formal hearing, a statement of all disputed issues of material fact;
48855. For a request for formal hearing, a concise statement of the ultimate facts alleged, as
4901well as the rules and statutes which entitle you to relief,
49126. For a request for formal hearing, whether you request mediation, if it is available;
49277. For a request for informal hearing, what bases support an adjustment to the amount
4942owed to the Agency, and
49478. A demand for relief.
4952A formal hearing will be held if there are disputed issues of material fact. Additionally,
4967mediation may be available in conjunction with a formal hearing. Mediation is a way to use a
4984neutral third party to assist the parties in a legal or administrative proceeding to reach a
5000settlement of their case. If you and the Agency agree to mediation, it does not mean that you
5018JKP Analysts, LLC
5021Provider No.: 017429300
5024MPI Case No.: 2017- 0008327
5029Page 7
5031mediation. give up the right to a hearing. Rather, you and the Agency will try to settle your case first with
5052If you request mediation, and the Agency agrees to it, you will be contacted by the
5068Agency to set up a time for the mediation and to enter into a mediation agreement. If a
5086mediation agreement is not reached within 10 days following the request for mediation, the
5100matter will proceed without mediation. The mediation must be concluded within 60 days of
5114having entered into the agreement, unless you and the Agency agree to a different time period.
5130The mediation agreement between you and the Agency will include provisions for selecting the
5144mediator, the allocation of costs and fees associated with the mediation, and the confidentiality
5158of discussions and documents involved in the mediation. Mediators charge hourly fees that
5171must be shared equally by you and the Agency.
5180If a written request for an administrative hearing is not timely received, you will have
5195waived your right to have the intended action reviewed pursuant to Chapter 120, Florida
5209Statutes, and the action set forth in the FAR shall be conclusive and final.
5223Final Audit Report Payment Stub
5228If you choose to make payment and do not wish to request a hearing, please return this page
5246along with your check to:
5251Agency for Health Care Administration
5256Medicaid Accounts Receivable
52592727 Mahan Drive, Mail Stop # 14
5266Tallahassee, Florida 32308
5269The check must be made payable to:
5276Florida Agency for Health Care Administration
5282Provider Name JKP Analysts, LLC
5287Provider ID 017429300
5290MPI Case Number 2017- 0008327 -,
5296Overpayment Amount 196, 128. 25 i
5302Check Number
5304Any questions you may have about this matter should be directed to: Stephanie Gregie,
5318telephone ( 850) 412- 4600, facsimile ( 850) 410- 1972. Email contact is
5331Stephanie. Greuic( a-) AHCA. mvflorida. com.
5337Payment for Medicaid Program Integrity Audit
5343Exhibit B
5345AGENCY FOR HEALTH CARE ADMINISTRATION
5350AMORTIZATION SCHEDULE
5352JKP ANALYSTS, LLC/ Provider # 0174293- 00/ Case No. 2017- 0008327
5363LOAN DATA
5365Past Due Balance: 103, 590. 20 Table starts at date: 10/ 1/ 2020
5378Annual int rate: 10. 00% or payment number: 1
5387Term in years: 0. 5
5392Payments per year: 12 MAR # 24586
5399First payment due: 1111112020
5403CALCULATED PAYMENT
5405Entered payment:
5407Calculated payment: 1$ 17, 772. 08
5413AMOUNT USED
5415Monthly Pmt Used: 14, 340. 85 103, 590. 20
54241st Pmt in Table: 1 Cumulative interest prior to payment 1: $ 0. 00
5438Table
5439Pmt Payment Payment Beginning Beginning Ending Cumulative Payment Date
5448No. Due Due Date Date Balance Balance Interest Principal Balance Interest Amount Paid
5461Init. 10/ 1/ 2020 103, 590. 20 0. 0. 00 00 20, 000. 00 83, 590. 20 0. 00 20, 000. 00
54831 11/ 11/ 1/ 1/ 2020 2020 83, 590. 20 696. 696. 59 59 13, 644. 27 69, 69, 945. 945. 94 94 696. 696. 59 59 14, 340. 85
55132 12/ 12/ 1/ 1/ 2020 2020 69, 945. 94 582. 582. 88 88 13, 757. 97 56, 56, 187. 187. 97 97 1, 1, 279. 279. 47 47 14, 340. 85
55453 1/ 1/ 1/ 1/ 2021 2021 56, 187. 97 468. 468. 23 23 13, 872. 62 42, 42, 315. 315. 35 35 1, 1, 747. 747. 70 70 14, 14, 340. 340. 85 85
55804 2/ 2/ 1/ 1/ 2021 2021 42, 42, 315. 315. 35 35 352. 63 13, 988. 22 28, 327. 13 2, 100. 33 14, 340. 85
56075 3/ 3/ 1/ 1/ 2021 2021 28, 28, 327. 327. 13 13 236. 06 14, 104. 79 14, 222. 34 2, 336. 39 14, 340. 85
56346 4/ 4/ 1/ 1/ 2021 2021 14, 14, 222. 222. 34 34 118. 52 14, 222. 34 0. 00 2, 454. 91 14, 340. 86
5660Page 1 of 1
- Date
- Proceedings
- PDF:
- Date: 06/18/2020
- Proceedings: Notice of Taking Deposition Duces Tecum (Joshua Pritchard, PhD.) filed.
- PDF:
- Date: 06/05/2020
- Proceedings: Petitioner's Notice of Service of Second Request for Admissions filed.
- PDF:
- Date: 04/30/2020
- Proceedings: Amended Order Granting Continuance and Rescheduling Hearing (hearing set for July 16 and 17, 2020; 9:00 a.m.; Tallahassee).
- PDF:
- Date: 04/30/2020
- Proceedings: Order Granting Continuance and Rescheduling Hearing (hearing set for July 16 and 17, 2020; 9:00 a.m.; Tallahassee).
- PDF:
- Date: 03/11/2020
- Proceedings: Notice of Hearing (hearing set for May 14 and 15, 2020; 9:00 a.m.; Tallahassee).
- PDF:
- Date: 03/10/2020
- Proceedings: Notice of Service of Agency's First Interrogatories and Expert Interrogatories, First Request for Admissions, and First Request for Production of Documents filed.
Case Information
- Judge:
- HETAL DESAI
- Date Filed:
- 02/26/2020
- Date Assignment:
- 02/27/2020
- Last Docket Entry:
- 12/02/2020
- Location:
- Tallahassee, Florida
- District:
- Northern
- Agency:
- Other
- Suffix:
- MPI
Counsels
-
Joshua Pritchard, PhD
Address of Record -
Susan Sapoznikoff, Esquire
Address of Record -
Timothy Patrick Sparks, Esquire
Address of Record