STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EVAN B. SHENFELD, )

)

Petitioner, )

)

vs. ) Case No. 03-1197MPI

)

AGENCY FOR HEALTH CARE )

ADMINISTRATION, )

)

Respondent. )

_________________________________)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was to be conducted in this case by video teleconference on June 23, 2003, with the Petitioner appearing from Fort Lauderdale, Florida, before

1. D. Parrish, a designated Administrative Law Judge of the Division of Administrative Hearings.

   APPEARANCES

   
   

   For Petitioner: Evan B. Shenfeld, pro se

   800 East Hallandale Beach Boulevard Number 9

   Hallandale Beach, Florida 33009

   
   

   For Respondent: Debora E. Fridie, Esquire

   Agency for Health Care Administration 2727 Mahan Drive, Suite 3431

   Fort Knox Building, Mail Station 3 Tallahassee, Florida 32308

   STATEMENT OF THE ISSUE

   
   

   Whether the Respondent overpaid the Petitioner for services covered by the Medicaid program as claimed by the Final Agency Audit Report and, if so, in what amount.

   PRELIMINARY STATEMENT

   
   

   On January 7, 2003, the Agency for Health Care Administration entered a Final Agency Audit Report that claimed the Petitioner owed $32,503.68 for an overpayment for the audit period July 1, 1998 through June 30, 2000. As such, the Medicaid Program Integrity sought a repayment from the Petitioner. The Petitioner timely challenged the accuracy of the overpayment claim and sought an administrative review of the matter.

   The case was forwarded to the Division of Administrative Hearings for formal proceedings on April 1, 2003. Thereafter the matter was scheduled for formal hearing.

   On June 20, 2003, the Respondent filed a Notice of Amended Overpayment Amount. Such notice provided that the overpayment had been reduced to $31,105.15.

   At the hearing, the Petitioner acknowledged responsibility for a repayment. The Petitioner candidly requested an opportunity to discuss settlement with the Respondent. Accordingly the parties were afforded time to

   resolve the matter. At the conclusion of such time, the parties entered the following stipulation on the record:

   1. The Petitioner acknowledged that he would repay the sum of $31,105.15 to the Respondent.

   2. The Petitioner agreed to pay the Respondent $1000.00 for costs associated with the audit and the prosecution of this case.

   3. That within 30 days of this date (June 23, 2003) the Petitioner will remit $10,000 as the initial payment on the amount owed.

   4. That thereafter and for the next 11 months, the Petitioner will make monthly payments on the balance owed with interest until the amount is repaid in full.

   5. That the parties will enter into a settlement agreement to be drafted by the Respondent's counsel that memorializes the foregoing terms in more specific detail as to the interest amount, etc.

      CONCLUSIONS OF LAW

      
      

   6. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of these proceedings. Section 120.57, Florida Statutes.

   7. Based upon the stipulation of the parties, there are no disputed issues of material fact to be resolved by the undersigned.

RECOMMENDATION

Based upon the foregoing, it is RECOMMENDED that the Agency for Health Care Administration enter a Final Order incorporating the terms of the parties' settlement agreement and that the instant case be closed.

DONE AND ENTERED this 23rd day of June 2003, in Tallahassee, Leon County, Florida.

___________________________________

J. D. PARRISH Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 23rd day of June, 2003.

COPIES FURNISHED:

Debora Fridie, Esquire

Agency for Health Care Administration 2727 Mahan Drive, Suite 3431

Fort Knox Building, Mail Station 3 Tallahassee, Florida 32308

Evan B. Shenfeld

800 East Hallandale Beach Boulevard Number 9

Hallandale Beach, Florida 33009

Valda Clark Christian, General Counsel Agency for Health Care Administration 2727 Mahan Drive

Fort Knox Building, Suite 3431 Tallahassee, Florida 32308

Rhonda M. Meadows, M.D., Secretary Agency for Health Care Administration 2727 Mahan Drive

Fort Knox Building, Suite 3116 Tallahassee, Florida 32308

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 03-001197MPI

Orders for Case No: 03-001197MPI