March 24, 2021 - The Administrative Law Judge concludes that because Advance failed to develop and maintain required records, despite clear notice to do so, recoupment of the overpayments and termination of Advance as a Personal Care Provider Organization is appropriate. Notwithstanding the Department’s clear entitlement to relief, however, the Commissioner should consider reducing the recoupment claim in recognition that at least one Department official knew of the breadth of the record-keeping abuses by Advance and yet recommended recertification of the company “to continue services;” an action that significantly increased the overall amount of the improper payments.