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AGENCY FOR HEALTH CARE ADMINISTRATION vs NAPLES COMMUNITY HOSPITAL, INC., 11-003317MPI (2011)

Court: Division of Administrative Hearings, Florida Number: 11-003317MPI Visitors: 21
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: NAPLES COMMUNITY HOSPITAL, INC.
Judges: R. BRUCE MCKIBBEN
Agency: Agency for Health Care Administration
Locations: Fort Myers, Florida
Filed: Jul. 01, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 29, 2011.

Latest Update: Nov. 17, 2011
11003317AFO

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


AGENCY FOR HEALTH CARE ADMINISTRATION,


20!1 NOV IS /_,. 8: 55



vs.

Petitioner,

DOAH CASE NO. ll-3317MPI JUDGER. BRUCE MCKIBBEN C.I. NO.: 10-1269-800

NPI NO.: 1720085137

NAPLES COMMUNITY HOSPITAL, INC.,


Respondent.

                                                               !


FINAL ORDER


THIS CAUSE is before me for issuance of a Final Order. In a letter dated May 18, 2011, C.I. No. 10-1269-800, Naples Community Hospital, Inc. ("Respondent") was informed that the State of Florida, Agency for Health Care Administration ("ARCA" or "Agency") was seeking to recoup Medicaid overpayments in the amount of Twenty-Seven Thousand, Seven Hundred Thirty-Six Dollars and Fifty-Two cents ($27,736.52). The Respondent was further informed in the letter that the Agency assessed Two Thousand, Four Hundred Forty-Four Dollars and Seventy-Two cents ($2,444.72) as costs for a total amount due of Thirty Thousand, One Hundred Eighty-One Dollars and Twenty-Four cents ($30,181.24). Pursuant to §409.913(6), Florida Statutes, the letter was sent Certified Mail, return receipt requested, to Respondent at the address last shown on the provider enrollment file.


Page 1 of 4


Filed November 17, 2011 8:27 AM Division of Administrative Hearings


A Petition for Administrative Hearing was received by the Agency on June 9, 2011. On July 1, 2011, the Petition was forwarded to DOAH by the Agency and assigned to an Administrative Law Judge ("Judge").

On August 25, 2011, the Respondent subsequently filed a Notice of Voluntary Dismissal with DOAH. The DOAH Judge entered an Order Closing File dated August 29, 2011, and therein remanded jurisdiction back to ARCA.

ORDER


BASED on the foregoing, it is ORDERED AND ADJUDGED that Respondent, Naples Community Hospital, Inc., refund, forthwith, the sum of Twenty-Seven Thousand, Seven Hundred Thirty-Six Dollars and Fifty-Two cents ($27,736.52) as a Medicaid overpayment plus costs of Two Thousand, Four Hundred Forty-Four Dollars and Seventy-Two cents ($2,444.72) for a grand total of Thirty Thousand, One Hundred Eighty-One Dollars and Twenty-Four cents ($30,181.24) together with statutory interest as set forth in §409.913(25) (c), Florida Statutes. Respondent shall be entitled to credit for any and all monies withheld and/or prepaid pursuant to §409.913(27), Florida Statutes. Respondent shall make payment in full within 30 days of the rendition of this Final Order.

DONE and ORDERED this &I:.day of /,) t) &Jc::,t,1- fo{_ ----' 2011, in Tallahassee, Leon County, Florida.


EZABRTH DUD K, sCRETARY

AGENCY FOR HEALTH CARE ADMINISTRATION


A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY, ALONG WITH THE FILING FEE 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 THE RENDITION OF THE ORDER TO BE REVIEWED.


COPIES FURNISHED TO:


The Honorable R. Bruce McKibben Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060 (Email)


Naples Community Hospital, Inc. c/o Joanne B. Erde, Esquire Duane Morris, LLP

200 S. Biscayne Blvd., Suite 3400 Miami, Florida 33131

(United States Mail)


Debora E. Fridie, Assistant General Counsel Office of the General Counsel

(Email)


Mike Blackburn, Bureau Chief Medicaid Program Integrity (Email)



Johnnie Shepherd, AHCA Administrator Medicaid Program Integrity

(Email)


Finance & Accounting (Email)


Health Quality Assurance (Email)


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the

foregoing has been served upon the above-named addressees by United States Mail or email transmission as indicated on this

/.S---is_..._day of -- IIW'------+-'-<-=-- --------' 2011.


=            

RICHARD J. sHOOP,7 y ;lerk

Agency for Health Care Administration

2727 Mahan Drive, MS #3

Tallahassee, FL 32308

(850) 412-3630


Docket for Case No: 11-003317MPI
Issue Date Proceedings
Nov. 17, 2011 (Agency) Final Order filed.
Aug. 29, 2011 Order Closing File. CASE CLOSED.
Aug. 25, 2011 Notice of Voluntary Dismissal filed.
Aug. 22, 2011 Re-notice for Deposition Duces Tecum of Agency Representative filed.
Aug. 22, 2011 AHCA's Notice of Conflict filed.
Aug. 17, 2011 Order Regarding Discovery Dispute.
Aug. 16, 2011 Response to Agency's Objections to Respondent's Notice of Deposition Duces Tecum and Motion for Protective Order as to the Deposition Notice filed.
Aug. 12, 2011 Respondent, Naples Community Hospital, Inc.'s Response to Petitioner, Agency for Health Care Administration's Request for Production of Documents filed.
Aug. 12, 2011 Notice of Filing Respondent, Naples Community Hospital, Inc.'s Responses to Petitioner, Agency for Health Care Administration's Amended Interrogatories and Expert Interrogatories to Respondent filed.
Aug. 11, 2011 Agency's Objections to Respondent's Notice of Deposition Duces Tecum and Motion for a Protective Order as to the Deposition Notice filed.
Aug. 08, 2011 Notice for Deposition Duces Tecum of Agency Representative (AHCA) filed.
Aug. 04, 2011 Notice of Service of Petitioner's First Set of Interrogatories to Respondent, Agency for Health Care Administration filed.
Jul. 28, 2011 Order of Pre-hearing Instructions.
Jul. 28, 2011 Notice of Hearing by Video Teleconference (hearing set for October 28, 2011; 9:00 a.m.; Fort Myers and Tallahassee, FL).
Jul. 28, 2011 CASE STATUS: Pre-Hearing Conference Held.
Jul. 18, 2011 Petitioner Agency's Notice of Service of Amended Interrogatories and Expert Interrogatories to Respondent, Naples Hospital, Inc. filed.
Jul. 15, 2011 Joint Response to Initial Order, Including Joint Request for Formal Hearing to be Set More than 90 Days from Date of Assignment of Judge filed.
Jul. 13, 2011 Petitioner Agency's Request for Production of Documents to Naples Community Hospital, Inc. filed.
Jul. 13, 2011 Petitioner Agency's Notice of Service of First Interrogatories and First Expert Interrogatories to Respondent Naples Community Hospital, Inc. filed.
Jul. 08, 2011 Order Granting Extension of Time.
Jul. 07, 2011 Joint Motion for Enlargement of Time to File Joint Response to Initial Order filed.
Jul. 01, 2011 Initial Order.
Jul. 01, 2011 Notice (of Agency referral) filed.
Jul. 01, 2011 Petition for Formal Administrative Hearing filed.
Jul. 01, 2011 Final Audit Report filed.

Orders for Case No: 11-003317MPI
Issue Date Document Summary
Nov. 15, 2011 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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