Leon FL Administrative law, Government and Health care Lawye -- eLawyers

19-004056 AGENCY FOR HEALTH CARE ADMINISTRATION vs LIFE CARE CENTER OF PUNTA GORDA (2019)

Division of Administrative Hearings, Florida Filed: Jul. 31, 2019

Whether Life Care Center of Punta Gorda (Respondent), timely submitted its monthly nursing home quality assessment fee for February 2019; and, if not, whether a fine should be imposed for each day that the payment was delinquent.ACHA proved by clear and convincing evidence that Respondent's February 2019 quality assessment payment was not timely paid, and that $11,500 is the appropriate fine resulting from the untimely payment.

17-005445RE FLORIDA ARGENTUM vs DEPARTMENT OF ELDER AFFAIRS (2017)

Division of Administrative Hearings, Florida Filed: Sep. 29, 2017

Whether Florida Administrative Code Emergency Rules 58AER17-1 and 59AER17-1 (collectively referred to as “the Emergency Rules”) are invalid exercises of delegated legislative authority and whether an immediate danger justified issuance of the Emergency Rules.Respondents failed to demonstrate the existence of an immediate danger. Also, Petitioners demonstrated that the Emergency Rules are invalid.

18-002212RP FLORIDA SENIOR LIVING ASSOCIATION, INC. vs DEPARTMENT OF ELDER AFFAIRS (2018)

Division of Administrative Hearings, Florida Filed: May 02, 2018

The issues are whether proposed Florida Administrative Code Rule 58A-5.024(1)(p)1.a., a proposed amendment to Florida Administrative Code Rule 58A-5.024(3)(c), and, as recently amended or created, Florida Administrative Code Rules 58A-5.0131(41), 58A-5.0181(2)(b) (amending AHCA1 Form 1823 (Form 1823)), 58A-5.0182(8)(a) and (8)(a)1., 58A-5.0185(3)(g), 58A-5.0191(3)(a), and 58A-5.031(2)(d)2 are invalid exercises of delegated legislative authority, pursuant to section 120.52(8), Florida Statutes, on the grounds set forth in the Joint Pre-hearing Stipulation filed on May 30, 2018 (Prehearing Stipulation) or such other grounds that were tried by consent.Parts of these rules, including Form 1823, invalid exercises of delegated legislative authority.

18-002340RX FLORIDA SENIOR LIVING ASSOCIATION, INC. vs DEPARTMENT OF ELDER AFFAIRS (2018)

Division of Administrative Hearings, Florida Filed: May 10, 2018

The issues are whether proposed Florida Administrative Code Rule 58A-5.024(1)(p)1.a., a proposed amendment to Florida Administrative Code Rule 58A-5.024(3)(c), and, as recently amended or created, Florida Administrative Code Rules 58A-5.0131(41), 58A-5.0181(2)(b) (amending AHCA1 Form 1823 (Form 1823)), 58A-5.0182(8)(a) and (8)(a)1., 58A-5.0185(3)(g), 58A-5.0191(3)(a), and 58A-5.031(2)(d)2 are invalid exercises of delegated legislative authority, pursuant to section 120.52(8), Florida Statutes, on the grounds set forth in the Joint Pre-hearing Stipulation filed on May 30, 2018 (Prehearing Stipulation) or such other grounds that were tried by consent.Parts of these rules, including Form 1823, invalid exercises of delegated legislative authority.

16-005237BID BRIDGES OF AMERICA, INC. vs DEPARTMENT OF CORRECTIONS (2016)

Division of Administrative Hearings, Florida Filed: Sep. 13, 2016

The issue to be determined is whether the specifications for Request for Proposals number FDC RFP-17-108, “Community Release Center (CRC) in Orange County, Florida,” are contrary to the governing statutes, rules or policies of the Florida Department of Corrections (the Department or DOC).Petitioner did not demonstrate that the proposed RFP specifications were clearly erroneous contrary to competitive, or arbitrary and capricious.

07-003704RX MYLAN PHARMACEUTICALS, INC. vs DEPARTMENT OF HEALTH, BOARD OF PHARMACY AND BOARD OF MEDICINE (2007)

Division of Administrative Hearings, Florida Filed: Aug. 17, 2007

The issue in this case is whether Florida Administrative Code Rule 64B16-27.500(6) regarding the negative drug formulary is an invalid exercise of delegated legislative authority within the meaning of Subsection 120.52(8), Florida Statutes (2007).1The inclusion of Levothyroxine Sodium on the negative drug formulary contravened Section 465.0251, Florida Statutes.

12-003604F SECURE ENTERPRISES, LLC vs OFFICE OF INSURANCE REGULATION AND FINANCIAL SERVICES COMMISSION (2012)

Division of Administrative Hearings, Florida Filed: Nov. 05, 2012

The issue is whether Petitioner is entitled to reimbursement of its attorneys' fees and costs under section 120.595(3), Florida Statutes, from its successful prosecution of a rule challenge in DOAH Case No. 12-1944RX.No fees and costs against agency because its adoption of successfully challenged rule (i.e., form) was substantially justified, as it was reasonable in law and fact.

14-004743BID BRIDGES OF AMERICA, INC. vs DEPARTMENT OF CORRECTIONS (2014)

Division of Administrative Hearings, Florida Filed: Oct. 13, 2014

The issue in this case is whether, in deciding to award a contract for comprehensive re-entry services to be provided at the Baker Re-Entry Center (”Baker”), Respondent, Department of Corrections (the “Department” or “DOC”), acted contrary to one or more governing statutes, rules, policies, or procurement specifications, or any combination thereof; and if so, for each such instance, whether the misstep was clearly erroneous, arbitrary, capricious, or contrary to competition.There is no legal basis for withdrawing or re-issuing the Department's intended award of the contract.

14-004744BID BRIDGES OF AMERICA, INC. vs DEPARTMENT OF CORRECTIONS (2014)

Division of Administrative Hearings, Florida Filed: Oct. 13, 2014

The issue in this case is whether in deciding to award a contract for comprehensive re-entry services to be provided at the Everglades Re-Entry Center (”Everglades”), Respondent, Department of Corrections (the “Department” or “DOC”), acted contrary to one or more governing statutes, rules, policies, or procurement specifications, or any combination thereof; and if so, for each such instance, whether the misstep was clearly erroneous, arbitrary, capricious, or contrary to competition.There is no legal basis for withdrawing or re-issuing the Department's intended award of the contract.

13-004280PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs PETER CHOY, M.D. (2013)

Division of Administrative Hearings, Florida Filed: Nov. 05, 2013

The issues in this case are whether Respondent: (1) made deceptive, untrue, or fraudulent representations in or related to the practice of medicine; (2) failed to keep appropriate medical records with respect to Patient T.G.; (3) fell below the minimum acceptable standard of care in his treatment of T.G.; (4) misrepresented or concealed a material fact during the course of the disciplinary process; and/or (5) improperly interfered with Petitioner's investigation. If so, it will be necessary to determine whether Petitioner should impose discipline on Respondent's medical license within the applicable penalty guidelines, or take some other action.Respondent altered a patient's medical records to bolster his legal position when threatened with a lawsuit, a fact which he concealed from Petitioner, giving rise to the inference that he committed malpractice.

Amy Wilmot Schrader