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OPTICA EL ENCANTO vs AGENCY FOR HEALTH CARE ADMINISTRATION, 01-004081MPI (2001)

Court: Division of Administrative Hearings, Florida Number: 01-004081MPI Visitors: 7
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: Jun. 20, 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.
Source:  Florida - Division of Administrative Hearings

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