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  8. James Andrew McKee
James Andrew McKee
James Andrew McKee
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Tallahassee FL

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13-004113BID  CARE ACCESS PSN, LLC vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2013)
Division of Administrative Hearings, Florida Filed: Oct. 17, 2013
The issues in this bid protest are whether, in making the decision to award Intervenor Prestige Health Choice, LLC ("Prestige"), a contract to provide Medicaid managed medical assistance services as a provider service network in Region 11 (covering Miami-Dade and Monroe Counties), Respondent Agency for Health Care Administration ("AHCA") acted contrary to a governing statute, rule, or solicitation specification; and, if so, whether such action was clearly erroneous, contrary to competition, arbitrary, or capricious. (In this protest, Petitioner Care Access PSN, LLC ("Care Access"), challenges AHCA's intended award to Prestige in Region 11, and only that award. Care Access does not seek to upset any other intended awards in Region 11 or in any other Region.)The agency's intended contract award, being contrary to the statutes and project specifications, is clearly erroneous and should be rescinded.
13-003028BID  GLOBAL TEL LINK CORPORATION, A DELAWARE CORPORATION vs DEPARTMENT OF CORRECTIONS  (2013)
Division of Administrative Hearings, Florida Filed: Aug. 15, 2013
Whether the Department of Corrections? action to withdraw its Intent to Award and to reject all replies to ITN 12-DC-8396 is illegal, arbitrary, dishonest, or fraudulent, and if so, whether its Intent to Award is contrary to governing statutes, rules, policies, or the solicitation specifications.Petitioners failed to prove that the Department's rejection of all replies due to unclear criteria for award is illegal, arbitrary, dishonest, or fraudulent.
13-003029BID  EMBARQ PAYPHONE SERVICES, INC., D/B/A CENTURYLINK vs DEPARTMENT OF CORRECTIONS  (2013)
Division of Administrative Hearings, Florida Filed: Aug. 15, 2013
Whether the Department of Corrections? action to withdraw its Intent to Award and to reject all replies to ITN 12-DC-8396 is illegal, arbitrary, dishonest, or fraudulent, and if so, whether its Intent to Award is contrary to governing statutes, rules, policies, or the solicitation specifications.Petitioners failed to prove that the Department's rejection of all replies due to unclear criteria for award is illegal, arbitrary, dishonest, or fraudulent.
13-003030BID  SECURUS TECHNOLOGIES, INC. vs DEPARTMENT OF CORRECTIONS  (2013)
Division of Administrative Hearings, Florida Filed: Aug. 15, 2013
Whether the Department of Corrections? action to withdraw its Intent to Award and to reject all replies to ITN 12-DC-8396 is illegal, arbitrary, dishonest, or fraudulent, and if so, whether its Intent to Award is contrary to governing statutes, rules, policies, or the solicitation specifications.Petitioners failed to prove that the Department's rejection of all replies due to unclear criteria for award is illegal, arbitrary, dishonest, or fraudulent.
13-003041BID  GLOBAL TEL LINK CORPORATION, A DELAWARE CORPORATION vs DEPARTMENT OF CORRECTIONS  (2013)
Division of Administrative Hearings, Florida Filed: Aug. 15, 2013
Whether the Department of Corrections? action to withdraw its Intent to Award and to reject all replies to ITN 12-DC-8396 is illegal, arbitrary, dishonest, or fraudulent, and if so, whether its Intent to Award is contrary to governing statutes, rules, policies, or the solicitation specifications.Petitioners failed to prove that the Department's rejection of all replies due to unclear criteria for award is illegal, arbitrary, dishonest, or fraudulent.
13-000880BID  CCA OF TENNESSEE, LLC vs DEPARTMENT OF MANAGEMENT SERVICES  (2013)
Division of Administrative Hearings, Florida Filed: Mar. 15, 2013
Whether Invitation to Negotiate No. 12/13-010, issued by Respondent for the operation and management of Bay Correctional Facility, Graceville Correctional Facility, and Moore Haven Correctional Facility, is contrary to Respondent's governing statutes, rules, or policies.Petitioner proved the ITN specifications for operation and management of private correctional facilities was contrary to the governing statute, where errors were made in calculation of the per diem rates.
13-000706BID  LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2013)
Division of Administrative Hearings, Florida Filed: Feb. 22, 2013
The issues in the case are (1) whether the decision of the Agency for Health Care Administration (AHCA) to not select Little Havana Activities and Nutrition Centers of Dade County, Inc. (Little Havana), for the award of a contract for the provision of long-term care managed care services pursuant to AHCA Invitation to Negotiation Solicitation No. AHCA ITN 011- 12/13, entitled "Statewide Medicaid Managed Care--Long Term Care, Region 11" (ITN) was contrary to the AHCA's governing statutes, rules, polices or any applicable ITN specification, and, if so, whether such selection decision was clearly erroneous, contrary to competition, arbitrary, or capricious; whether Little Havana's response to the ITN was responsive; whether Little Havana was a responsible vendor; and (4) whether Little Havana's protest is barred for failure to submit the required protest bond.Protestor did not have standing to protest contract awards because it was neither responsive nor responsible.
12-000439  PREMIER GROUP INSURANCE COMPANY vs OFFICE OF INSURANCE REGULATION  (2012)
Division of Administrative Hearings, Florida Filed: Jan. 31, 2012
The issues to be resolved in this case are what amount of federal income tax expense is properly included as an expense in Premier's excessive profits filings for the years 2005-2007, and in light of that deduction, how much Petitioner must refund as excessive profits pursuant to section 627.215, Florida Statutes (2009)?Petitioner demonstrated a reasonable methodology for allocation of federal income tax expense for purposes of excess profit reporting pursuant to Section 627.215.
12-002938F  PREMIER GROUP INSURANCE COMPANY vs OFFICE OF INSURANCE REGULATION AND THE FINANCIAL SERVICES COMMISSION  (2012)
Division of Administrative Hearings, Florida Filed: Sep. 11, 2012
The issue to be determined is the amount of attorneys' fees and costs to be awarded to Petitioner pursuant to section 120.595(4), Florida Statutes (2011).Petitioner is entitled to attorneys' fees and costs as the prevailing party in a challenge to an unadopted rule.
12-001201RU  PREMIER GROUP INSURANCE COMPANY vs OFFICE OF INSURANCE REGULATION AND THE FINANCIAL SERVICES COMMISSION  (2012)
Division of Administrative Hearings, Florida Filed: Apr. 04, 2012
At issue in this case is whether Respondents, the Office of Insurance Regulation ("OIR" or "the Office") or the Financial Services Commission ("the Commission") have developed agency statements of general applicability meeting the definition of a rule in section 120.52(10), Florida Statutes (2011), governing its review, evaluation, recalculation, and disposition of excessive profits filings submitted pursuant to section 627.215, Florida Statutes (2011). If so, it must be determined whether those statements have been adopted as rules pursuant to the rulemaking process in section 120.54(1).Petitioner demonstrated that Office's policy of not allowing federal income tax as an expense for excess profits filings meets the definition a rule that has not been deopted pursuant to Section 120.54.

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