October 7, 2021 - The Administrative Law Judge finds that the Department established it has the authority, but is not required, to recover an overpayment of $424,564.20 in connection with amounts paid to Appellant for personal care assistance services. While the Department has the statutory authority to suspend Appellant, the Department did not establish that a suspension of Appellant from participating as a provider in the MHCP for a period of two years is supported by the record. The Department did not establish that it has the authority to suspend Farah Mohamed, individually, from participating as a provider in the MHCP at all. The Administrative Law Judge respectfully recommends that the Commissioner of the Department (Commissioner) RESCIND the overpayment order requiring Appellant to repay $424,564.20 and RESCIND the two-year suspension of Appellant’s and Farah Mohamed’s MHCP provider identification numbers. The Administrative Law Judge instead respectfully recommends that the Commissioner ISSUE an order requiring Appellant to repay an overpayment for inappropriately billing for 21.75 hours of PCA services allegedly provided to K.K. during the recipient’s hospitalization on April 10-12, 2019. Finally, the Administrative Law Judge respectfully recommends that the Commissioner IMPOSE a fine of $84,912.84 upon Appellant pursuant to Minn. Stat. § 256B.064, subd. 2(f) (2020).