Division of Administrative Hearings, Florida
Filed: Aug. 17, 2012
Whether Respondent, the Agency for Health Care Administration (AHCA or the agency), has any agency statements with regard to reimbursement of Medicaid expenses by physician providers for long-term electroencephalographic monitoring which are agency rules, as defined in section 120.52(16), Florida Statutes, but have not been adopted as rules in violation of section 120.54(1)(a), Florida Statutes, and if so, whether costs and attorney?s fees should be awarded.Medical standards applied by AHCA Medicaid peer reviewer during MPI audit of providers' records are not agency statements defined as rules. The standards do not alone create rights, require compliance, or otherwise have the force and effect of law.
