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Kenneth John Muszynski
Kenneth John Muszynski
Visitors: 26
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Bar #277551(FL)    
Tallahassee FL

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88-005972  OCEAN VIEW CONVALESCENT HOME vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES  (1988)
Division of Administrative Hearings, Florida Latest Update: Mar. 30, 1990
The issue to be resolved in this proceeding concerns whether certain costs in a medicaid cost report filed with the Department of Health and Rehabilitative Services ("HRS" or "Department") should be disallowed to the extent they represent costs of construction, including profits paid to a "related party" construction company. The issue, in other words, concerns whether a construction company, related to the owner of the two facilities involved, is owned by or has common ownership of those two companies and is, thus, a "related party" for purposes of pertinent regulations and whether an exception to that "related party principle" applies such that the construction cost (profit) to the construction company can be allowed as a reimbursable medicaid cost.Health provider gets reimbursemt for medicaid costs attrib to construet pro- fit although work by related entity construet. co. did 1/2 work for others.
88-002938  FRIENDLY VILLAGE OF BREVARD, INC., D/B/A WASHINGTON SQUARE; FRIENDLY VILLAGE OF FLORIDA, INC., D/B/A HOWELL BRANCH COURT; AND FRIENDLY VILLAGE OF ORANGE, INC., D/B/A LAKE VIEW COURT vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES  (1988)
Division of Administrative Hearings, Florida Latest Update: Jun. 14, 1989
Petitioners have challenged Respondent's methodology of cost settlement for reimbursement under the Florida Medicaid program relating to intermediate care facilities for the mentally retarded (ICF/MR). Three issues are raised in this proceeding: Whether the Title XIX ICF/MR Reimbursement Plan dated July 1, 1984 applies in certain regards retroactively for providers entering the program after January 1, 1983; In the alternative, whether Washington Square and Lake View Court are entitled to a waiver from the class ceilings (caps) in the 1983 Medicaid Reimbursement Plan, and Whether Howell Branch is entitled to application of a cost settlement methodology which would compare costs for the entire reporting period to payments for that entire period.Respondent properly applied reimbursement plan. Petitioner responsible for Medicaid overpayment
88-004530RX  FRIENDLY VILLAGE OF BREVARD, INC., AND FRIENDLY VILLAGE OF ORANGE, INC. vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES  (1988)
Division of Administrative Hearings, Florida Latest Update: Jun. 14, 1989
The issue for determination in this case is whether the agency's interpretation of its Title XIX, ICF/MR Reimbursement Plan is a rule, and if so, whether it is an invalid rule.Agency interpretation of published rule is not itelf a rule.
89-001581RP  LORI LYNN FLOWERS; JAMES WAYNE FLOWERS AND SHAWN ALLEN FLOWERS, BY AND THROUGH LORI LYNN FLOWERS, THEIR MOTHER AND NEXT FRIEND; DORIS BRIGHT; ROBERT JENKINS, JANICE BRIGHT, ROBIN BRIGHT, THERESA BRIGHT AND MELISSA BRIGHT, BY AND THROUGH DORIS BRIGHT, vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES  (1989)
Division of Administrative Hearings, Florida Latest Update: Jun. 09, 1989
The issue is whether the proposed amendments to Rule 10C-1.085, Florida Administrative Code, constitute an invalid exercise of delegated legislative authority.Economic Impact Statement standard of review. Proposed rule permitting HRS to force recovery of overpaid Aid For Dependent Children regardless of hardship is invalid. Irrebuttable presumption.

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