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Jeffrey Lee Frehn
Jeffrey Lee Frehn
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Bar #817562(FL)     License for 36 years
Tallahassee FL

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17-000792MPI  AGENCY FOR HEALTH CARE ADMINISTRATION vs VITAS HEALTHCARE CORPORATION OF FLORIDA  (2017)
Division of Administrative Hearings, Florida Filed: Feb. 06, 2017
Whether Petitioner is entitled to recover certain Medicaid funds paid to Respondent pursuant to section 409.923(1), Florida Statutes, for hospice services Respondent provided through three program locations (Melbourne, Boynton Beach, and Dade) during the audit period between September 1, 2009, and December 31, 2012; and the amount of sanctions, if any, that should be imposed pursuant to Florida Administrative Code Rule 59G-9.070(7)(e).Petitioner proved that Respondent must repay Medicaid overpayments for certain paid claims for hospice services, but failed to prove that Respondent was overpaid for other Medicaid claims. Petitioner proved that Respondent must pay a fine.
17-000793MPI  AGENCY FOR HEALTH CARE ADMINISTRATION vs VITAS HEALTHCARE CORPORATION OF FLORIDA  (2017)
Division of Administrative Hearings, Florida Filed: Feb. 06, 2017
Whether Petitioner is entitled to recover certain Medicaid funds paid to Respondent pursuant to section 409.923(1), Florida Statutes, for hospice services Respondent provided through three program locations (Melbourne, Boynton Beach, and Dade) during the audit period between September 1, 2009, and December 31, 2012; and the amount of sanctions, if any, that should be imposed pursuant to Florida Administrative Code Rule 59G-9.070(7)(e).Petitioner proved that Respondent must repay Medicaid overpayments for certain paid claims for hospice services, but failed to prove that Respondent was overpaid for other Medicaid claims. Petitioner proved that Respondent must pay a fine.
17-000794MPI  AGENCY FOR HEALTH CARE ADMINISTRATION vs VITAS HEALTHCARE CORPORATION OF FLORIDA  (2017)
Division of Administrative Hearings, Florida Filed: Feb. 06, 2017
Whether Petitioner is entitled to recover certain Medicaid funds paid to Respondent pursuant to section 409.923(1), Florida Statutes, for hospice services Respondent provided through three program locations (Melbourne, Boynton Beach, and Dade) during the audit period between September 1, 2009, and December 31, 2012; and the amount of sanctions, if any, that should be imposed pursuant to Florida Administrative Code Rule 59G-9.070(7)(e).Petitioner proved that Respondent must repay Medicaid overpayments for certain paid claims for hospice services, but failed to prove that Respondent was overpaid for other Medicaid claims. Petitioner proved that Respondent must pay a fine.
17-005800BID  FLUOR-ASTALDI-MCM, JOINT VENTURE vs DEPARTMENT OF TRANSPORTATION  (2017)
Division of Administrative Hearings, Florida Filed: Oct. 19, 2017
Whether Respondent, Department of Transportation’s (“Department” or DOT”), notice of intent to award a contract to Intervenor, Archer Western De-Moya, Joint Venture (“AWD”), for a transportation project involving the design and reconstruction of federal and state roadways in Miami, Florida (“the Project”), is contrary to governing statutes, DOT’s rules, or the bid specifications; and, if so, whether the award is contrary to competition, clearly erroneous, or arbitrary and capricious.Petitioner did not prove the Department's intended award to the Intervenor for a design-build project pursuant to section 334.30, Florida Statutes, was clearly erroneous, contrary to competition, arbitrary or capricious.
17-003200  SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC., D/B/A WOLFSON CHILDREN'S HOSPITAL vs DEPARTMENT OF HEALTH  (2017)
Division of Administrative Hearings, Florida Filed: Jun. 01, 2017
The issue in this case is whether an application filed by Petitioner, Southern Baptist Hospital of Florida, Inc. d/b/a Wolfson Children’s Hospital (“Wolfson”), to operate a pediatric trauma center should be approved.Petitioner's application for a pediatric trauma center meets the necessary requirements for provisional approval.
15-003656RX  THE HOSPICE OF THE FLORIDA SUNCOAST, INC., D/B/A SUNCOAST HOSPICE vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2015)
Division of Administrative Hearings, Florida Filed: Jun. 24, 2015
The issue in this existing rule challenge filed pursuant to section 120.56(3), Florida Statutes (2015),1/ is whether Florida Administrative Code Rule subparagraphs 59C-1.008(2)(a)2. and (2)(a)3. are invalid exercises of delegated legislative authority for the reasons alleged by Petitioner.Petitioner failed to prove that challenged parts of the fixed need pool rule are invalid exercises of delegated legislative authority under section 120.52(8)(b), (c), or "flush-left" paragraph, or that they are illegal procedural rules that are void.
15-005556CON  THE HOSPICE OF THE FLORIDA SUNCOAST, INC., D/B/A SUNCOAST HOSPICE vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2015)
Division of Administrative Hearings, Florida Filed: Oct. 05, 2015
The issue in this case is whether the application of Seasons Hospice & Palliative Care of Pinellas County, LLC (Seasons), for a certificate of need (CON) to establish a new hospice program in service area 5B (Pinellas County), should be approved or denied.Balance of review criteria weighs heavily in favor of issuing CON to Seasons for the second hospice in the large, elderly Pinellas service area. On the facts, competition will enhance quality and access to hospice services.
14-001034RP  FLORIDA HEALTH SCIENCES CENTER, D/B/A TAMPA GENERAL HOSPITAL vs DEPARTMENT OF HEALTH  (2014)
Division of Administrative Hearings, Florida Filed: Mar. 07, 2014
Whether the Proposed Rule 64J-2.010 enlarges, modifies or contravenes the specific provisions of law implemented, or is arbitrary or capricious, and thus constitutes an invalid exercise of delegated legislative authority.The Proposed Rule is not an invalid exercise of the agency's delegated legislative authority.
14-001035RP  BAYFRONT HMA MEDICAL CENTER, LLC, D/B/A BAYFRONT MEDICAL CENTER vs DEPARTMENT OF HEALTH  (2014)
Division of Administrative Hearings, Florida Filed: Mar. 07, 2014
Whether the Proposed Rule 64J-2.010 enlarges, modifies or contravenes the specific provisions of law implemented, or is arbitrary or capricious, and thus constitutes an invalid exercise of delegated legislative authority.The Proposed Rule is not an invalid exercise of the agency's delegated legislative authority.
11-002602RX  BAYFRONT MEDICAL CENTER, INC. vs DEPARTMENT OF HEALTH  (2011)
Division of Administrative Hearings, Florida Filed: May 23, 2011
Whether Florida Administrative Code Rule 64J-2.010 enlarges, modifies or contravenes the specific provisions of law implemented, or is arbitrary or capricious, and thus constitutes an invalid exercise of delegated legislative authority.Rule 64J-2.010, which determines the statewide need for new trauma centers, is an invalid exercise of delegated legislative authority.

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