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Thomas Nemecek
Thomas Nemecek
Visitors: 48
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Bar #83848(FL)     License for 14 years
Apalachicola FL

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19-001517  LUIS APONTE, M.D. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION  (2019)
Division of Administrative Hearings, Florida Filed: Mar. 19, 2019
The issue in these consolidated cases is whether two Petitions for Resolution of Reimbursement Dispute are entitled to be considered on the merits, or whether, instead, they should be dismissed.Petitioner failed to prove that petitions for resolution of reimbursement disputes in two separate cases met the requirements to be considered on the merits. Petitions in both cases were untimely; recommend dismissal.
19-002653  LUIS APONTE, M.D. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION  (2019)
Division of Administrative Hearings, Florida Filed: May 17, 2019
The issue in these consolidated cases is whether two Petitions for Resolution of Reimbursement Dispute are entitled to be considered on the merits, or whether, instead, they should be dismissed.Petitioner failed to prove that petitions for resolution of reimbursement disputes in two separate cases met the requirements to be considered on the merits. Petitions in both cases were untimely; recommend dismissal.
18-003844  ZENITH INSURANCE COMPANY vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION, MEDICAL SERVICES  (2018)
Division of Administrative Hearings, Florida Filed: Jul. 20, 2018
Whether Respondent, Department of Financial Services, Division of Workers’ Compensation, Medical Services (the Department), correctly determined the amount of reimbursement Petitioner, Zenith Insurance Company (Zenith), owes to Lawnwood Regional Medical Center (Lawnwood) for medical services, pursuant to section 440.13(7), Florida Statutes (2018).1/ More specifically, the issues raised in this case are: whether Zenith properly adjusted or disallowed payment by paying what it believed were “reasonable” charges for the Workers’ Compensation medical services provided; whether the Department’s consideration of a “Stop-Loss” percentage-based methodology, as opposed to a per diem rate, may serve as a basis for reimbursement; and what, if any, is the additional amount Zenith owes to Lawnwood for reimbursement in this case.Carrier made improper adjustment, but no additional reimbursement required; Stop-Loss formula in rule 69L-7.501 not applicable pursuant to section 120.57(1)(e).
18-003845  LAKELAND REGIONAL HEALTH SYSTEMS, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION  (2018)
Division of Administrative Hearings, Florida Filed: Jul. 20, 2018
The issues in these cases are whether two Petitions for Resolution of Reimbursement Dispute (Petitions), filed pursuant to section 440.13(7), Florida Statutes (2018),1/ were untimely; and, if so, whether the untimeliness should be excused under the equitable tolling defense asserted by Petitioners.Petitions for reimbursement dispute resolution were not timely filed. Equitable tolling defense not proven to excuse the late-filed petitions. Recommend dismissal.
18-003846  LAKELAND REGIONAL MEDICAL CENTER, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION  (2018)
Division of Administrative Hearings, Florida Filed: Jul. 20, 2018
The issues in these cases are whether two Petitions for Resolution of Reimbursement Dispute (Petitions), filed pursuant to section 440.13(7), Florida Statutes (2018),1/ were untimely; and, if so, whether the untimeliness should be excused under the equitable tolling defense asserted by Petitioners.Petitions for reimbursement dispute resolution were not timely filed. Equitable tolling defense not proven to excuse the late-filed petitions. Recommend dismissal.
17-003025RP  FLORIDA SOCIETY OF AMBULATORY SURGICAL CENTERS, INC.; HCA HEALTH SERVICES OF FLORIDA, INC., D/B/A OAK HILL HOSPITAL; HSS SYSTEMS, LLC, D/B/A PARALLON BUSINESS PERFORMANCE GROUP; AND AUTOMATED HEALTHCARE SOLUTIONS, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION  (2017)
Division of Administrative Hearings, Florida Filed: May 22, 2017
The issues to be determined are: whether Petitioners have standing; whether the petition of Automated HealthCare Solutions, Inc. (AHCS), was timely filed1/; and whether Respondent’s proposed rules 69L-31.005(2)(d), 69L-31.016(1), and 69L-31.016(2) are invalid exercises of delegated legislative authority on the grounds raised by Petitioners.Proposed rule 69L-31.016(1) & (2), and related filing change, are invalid. Resp. must determine if carriers properly disallowed or adjusted payment to providers in reimbursement disputes; no authority to create exceptions for certain disputes.
17-003026RP  HCA HEALTH SERVICES OF FLORIDA, INC., D/B/A OAK HILL HOSPITAL AND HSS SYSTEMS, LLC, D/B/A PARALLON BUSINESS PERFORMANCE GROUP vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION  (2017)
Division of Administrative Hearings, Florida Filed: May 22, 2017
The issues to be determined are: whether Petitioners have standing; whether the petition of Automated HealthCare Solutions, Inc. (AHCS), was timely filed1/; and whether Respondent’s proposed rules 69L-31.005(2)(d), 69L-31.016(1), and 69L-31.016(2) are invalid exercises of delegated legislative authority on the grounds raised by Petitioners.Proposed rule 69L-31.016(1) & (2), and related filing change, are invalid. Resp. must determine if carriers properly disallowed or adjusted payment to providers in reimbursement disputes; no authority to create exceptions for certain disputes.
17-003027RP  AUTOMATED HEALTHCARE SOLUTIONS, INC. vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION  (2017)
Division of Administrative Hearings, Florida Filed: May 23, 2017
The issues to be determined are: whether Petitioners have standing; whether the petition of Automated HealthCare Solutions, Inc. (AHCS), was timely filed1/; and whether Respondent’s proposed rules 69L-31.005(2)(d), 69L-31.016(1), and 69L-31.016(2) are invalid exercises of delegated legislative authority on the grounds raised by Petitioners.Proposed rule 69L-31.016(1) & (2), and related filing change, are invalid. Resp. must determine if carriers properly disallowed or adjusted payment to providers in reimbursement disputes; no authority to create exceptions for certain disputes.
17-005837  EAST COAST SURGERY CENTER vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION  (2017)
Division of Administrative Hearings, Florida Filed: Oct. 23, 2017
The issue to be decided in this proceeding is whether the Reimbursement Dispute Dismissal issued by Respondent, Department of Financial Services, Division of Workers’ Compensation (the “Department”), should be reversed due to equitable tolling or some other recognized excuse for untimely submission of the reimbursement dispute.Petitioner's challenge was not timely filed. No proof of equitable tolling was presented.
17-005741  JUPITER OUTPATIENT SURGERY CENTER vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION  (2017)
Division of Administrative Hearings, Florida Filed: Oct. 16, 2017
Whether Petitioner, Jupiter Outpatient Surgery Center ("Petitioner"), is entitled to additional reimbursement from the carrier in the amount of $4,210.50 for Rotation Medical surgical implants pursuant to section 440.13, Florida Statutes (2017).Petitioner, an ambulatory surgical center, is entitled to additional reimbursement from carrier for surgical implants pursuant to section 440.13, Florida Statutes.

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