Petitioner: OPTICA EL ENCANTO
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: MICHAEL M. PARRISH
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Oct. 17, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 19, 2002.
Latest Update: Nov. 05, 2024
STATE OF FLORIDA 03°
AGENCY FOR HEALTH CARE ADMINISTRATION
OPTICA EL ENCANTO,
Petitioner,
Vs.
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
DOAHCASENO. 01-40simPr YIN
AUDIT NO. C1. 00-1787-000 4 ,
PROVIDER NO. 254925500 CLOPA
FINAL ORDER
This cause was referred to the Division of Administrative Hearings and assigned
' t
to an Administrative Law Judge (ALJ) for a formal administrative hearing and the entry ,
of a Recommended Order. The ALJ entered an order closing the Division’s file and
relinquishing jurisdiction to the Agency on July 19, 2002. The Agency filed a motion to
re-open the case on September 12, 2002. The Agency filed a motion for summary
recommended order on September 30, 2002. An Order Denying Motion to Re-Open and
Denying Motion for Summary Recommended Order was issued by the ALJ on October 4,
2002, and is attached to this Final Order and incorporated herein by reference.
IT IS THEREFORE ADJUDGED THAT:
There now being no disputed issues of fact in this case, the Agency has
Jurisdiction to render a final order in the cause. Petitioner shall repay a Medicaid
overpayment of $87,768.78 plus statutory interest from the date of the Final Agency
Audit Report. Such payment shall be made within thirty (30) days of the rendition of this
final order. Payment shall be made to the Agency for Health Care Administration and
sent to:
Willie Bivens
Medicaid Finance and Accounting
Post Office Box 13749
Tallahassee, Florida 32317-3749
DONE and ORDERED this 9 day of ln, | , 2003, in
Tallahassee, Florida. ~
RHONDA M. MEDOWS, MD., SECRETARY
Agency rfl Care Administration
NOTICE OF RIGHT TO JUDICIAL REVIEW
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.
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
ut day of ChOACl , 2003.
Chyartee Ope picry
4€ Lealand L. McCharen, Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, MS #3
Tallahassee, FL 32308-5403
COPIES FURNISHED TO:
}
J.D. Parrish
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-3060
William Porter, Esquire
Agency for Health Care Administration
2727 Mahan Drive, MS #3
Tallahassee, FL 32308
Jerry Velazquez, Esquire
900 West 49" Street, Suite 430
Hialeah, FL 33012
Kelly A. Bennett, Assistant Bureau Chief
Medicaid Program Integrity
Willie Bivens
Finance and Accounting
Docket for Case No: 01-004081MPI
Issue Date |
Proceedings |
Apr. 18, 2003 |
Final Order filed.
|
Oct. 04, 2002 |
Order Denying Motion to Reopen and Denying Motion for Summary Recommended Order issued.
|
Sep. 30, 2002 |
Unopposed Motion for Summary Recommended Order (filed by Petitioner via facsimile).
|
Sep. 12, 2002 |
Motion to Re-Open (filed by Respondent via facsimile).
|
Jul. 19, 2002 |
Motion of AHCA to Relinquish Jurisdiction (filed via facsimile).
|
Jul. 19, 2002 |
Order Closing File issued. CASE CLOSED.
|
Jul. 18, 2002 |
Notice of Dismissal filed by Plaintiff.
|
Jul. 03, 2002 |
Notice of Deposiiton Duces Tecum, M. Alen, S. Carenate (filed via facsimile).
|
Jun. 06, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for August 22, 2002; 8:45 a.m.; Miami, FL).
|
Jun. 05, 2002 |
Agreed Motion to Reschedule Final Hearing (filed by Respondent via facsimile).
|
May 31, 2002 |
Order issued. (relief sought in the respondent`s motion in limine and motions to strike or exclude is denied.)
|
May 31, 2002 |
Notice of Hearing issued (hearing set for July 15 and 16, 2002; 9:00 a.m.; Tallahassee, FL).
|
May 15, 2002 |
Notice of Filing Answers to Respondent`s First Set of Interrogatories (filed by Petitioner via facsimile).
|
May 15, 2002 |
Notice of Filing Responses to Respondent`s Request for Admissions (filed by Petitioner via facsimile).
|
May 15, 2002 |
Notice of Filing Answers to Respondent`s First Request to Produce (filed by Petitioner via facsimile).
|
May 15, 2002 |
Notice of Filing Responses to the Courts Order to Show Cause (filed by Petitioner via facsimile).
|
Apr. 25, 2002 |
Order to Show Cause issued.
|
Apr. 23, 2002 |
Status Report (filed by Respondent via facsimile).
|
Apr. 22, 2002 |
Respondent`s Motions in Limine and Motions to Strike or Exclude (filed via facsimile).
|
Feb. 21, 2002 |
Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by April 22, 2002).
|
Feb. 20, 2002 |
Motion to Hold Case in Abeyance (filed by Respondent via facsimile).
|
Feb. 19, 2002 |
Order Granting Motion to Compel issued.
|
Feb. 08, 2002 |
Motion to Compel Discovery Responses (filed by Respondent via facsimile)
|
Jan. 03, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for March 14 and 15, 2002; 8:45 a.m.; Miami, FL).
|
Jan. 02, 2002 |
Agreed Motion for Continuance (filed via facsimile).
|
Nov. 08, 2001 |
Notice of Service of Interrogatories, Request for Admissions, & Request for Production of Documents (filed by Respondent via facsimile).
|
Nov. 06, 2001 |
Order of Pre-hearing Instructions issued.
|
Nov. 06, 2001 |
Notice of Hearing issued (hearing set for January 10 and 11, 2002; 9:00 a.m.; Miami, FL).
|
Nov. 05, 2001 |
Joint Response to Initial Order (filed via facsimile).
|
Oct. 22, 2001 |
Initial Order issued.
|
Oct. 17, 2001 |
Final Agency Audit Report filed.
|
Oct. 17, 2001 |
Request for Formal Hearing filed.
|
Oct. 17, 2001 |
Notice (of Agency referral) filed.
|