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.


View Dockets  

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

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 12/02/2020
Proceedings: Agency Final Order filed.
PDF:
Date: 12/01/2020
Proceedings: Agency Final Order
PDF:
Date: 07/09/2020
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 07/08/2020
Proceedings: Joint Motion to Relinquish Jurisdiction filed.
PDF:
Date: 06/29/2020
Proceedings: Notice of Appearance (Susan Sapoznikoff) filed.
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: 04/17/2020
Proceedings: Joint Motion for Continuance filed.
PDF:
Date: 03/11/2020
Proceedings: Order of Pre-hearing Instructions.
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.
PDF:
Date: 03/06/2020
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 02/27/2020
Proceedings: Initial Order.
PDF:
Date: 02/26/2020
Proceedings: Requesting Informal Hearing filed.
PDF:
Date: 02/26/2020
Proceedings: Order Closing File and Relinquishing Jurisdiction and Referring Case to State of Florida, Division of Administrative Hearings filed.
PDF:
Date: 02/26/2020
Proceedings: Final Audit Report filed.
PDF:
Date: 02/26/2020
Proceedings: Notice (of Agency referral) 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