STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

RENDITION NOJ\\-\c,A- \o O\'lO dF-'riD

ITN0904

FILED

AHCA

AGENCY CLERK .

tOIO FEB I I A I{) 3,8

MAXIMUS HEALTH SERVICES, INC.,

Petitioner, DOAH CASE NO. 09-6384BID

V.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent,

and

AUTOMATED HEALTH SYSTEMS, INC.,

Intervenor.

I

FINAL ORDER

This case was referred to the Division of Administrative Hearings (DOAH) where the assigned Administrative Law Judge (ALJ), Suzanne F. Hood, conducted a formal administrative hearing. At issue in this proceeding is whether the Agency properly determined that Petitioner's reply to ITN 0904 was non-responsive for failure to meet mandatory criteria. The Recommended Order dated January 26, 2010, is incorporated herein by reference.

RULINGS ON EXCEPTIONS

The parties did not file any exceptions tothe Recommended Order.

FINDINGS OF FACT

The Agency hereby adopts the findings of fact set forth in the Recommended Order.

Filed February 15, 2010 8:56 AM Division of Administrative Hearings.

CONCLUSIONS OF LAW

The Agency adopts the conclusions of law set forth in the Recommended Order.

ORDER

Based upon the foregoing, Maximus Health Services, Inc.'s formal written protest is hereby dismissed.

DONE and ORDERED this /il_day of leii.w4 .2010, in Tallahru!see, Florida

TI!dtslv.JJ&,1cRETARY

AGENCY FOR HEALTH CARE ADMINISTRATION

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A WDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY ALONG WITH THE FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. Mail, or by the method indicated, to the persons named below on this

Jr day of f?&tucv y

7 ,201 -

RICHARDJ. SHOOP, A: Cle'

Agency for Health Care Administration

2727 Mahan Drive, MS #3

Tallahassee, Florida 32308-5403

(850) 922-5873

COPIES FURNISHED TO:

Suzanne F. Hood Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

Seann M. Frazier, Esquire Greenberg Traurig, P.A. 101 East College Avenue Tallahassee, Florida 32302

William M. Blocker, II, Esquire Rachic Wilson, Esquire

David Nam, Esquire

Agency for Health Care Administration 2727 Mahan Drive, MS #3

Tallahassee, Florida 32308

William E. Williams, Esquire Gray Robinson, P.A.

301 South Bronough Street, Suite 600

Tallahassee, Florida 32301

Roberta Bradford, Deputy Secretary Division of Medicaid

Docket for Case No: 09-006384BID

Orders for Case No: 09-006384BID