STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION OSPREY POINT NURSING CENTER, Petitioner, DOAH NO. 04-2450MPI ENGAGEMENT NO. NH03-029C Vv. STATE OF FLORIDA, AGENCY FOR S HEALTH CARE ADMINISTRATION, Bo a mas s — Respondent. PSu ny | / Bae ° 2g F FINAL ORDER m Ww THIS CAUSE came before me for issuance of a Final Order on the Medicaid Audit Report letter issued on May 18, 2004, regarding Petitioner’s Medicaid cost report for the eighteen months ending December 31, 2000. By the Medicaid Audit Report letter, the Agency for Health Care Administration (“AHCA” or “Agency”), informed the Petitioner that the Agency intended to make certain adjustments to Petitioner’s Medicaid cost report for the eighteen months ending December 31, 2000. The Medicaid Audit Report letter provided full disclosure and notice to the Petitioner of procedures for requesting an administrative hearing to contest the proposed adjustments to its Medicaid cost report. The Petitioner filed a petition with the Agency requesting a formal administrative hearing. The Agency transmitted Petitioner’s hearing request to the Division of Administrative Hearings for conduct of a formal administrative hearing. On July 26, 2004, the Administrative Law Judge assigned to the case issued an Order Closing File based on representations that the parties were negotiating a settlement agreement. Jurisdiction of the case was then relinquished by the Division to the Agency. However, no settlement agreement was ever finalized by the parties. On March 3, 2006, the Petitioner notified the Agency that it was no longer disputing the Medicaid Audit Report letter. FINDINGS OF FACT The Petitioner received the determination letter that gave notice of Petitioner’s right to an administrative hearing regarding the Medicaid Audit Report letter. The Petitioner filed a petition requesting an administrative hearing, and then caused that petition and the administrative hearing to be DISMISSED. Petitioner chose not to dispute the facts set forth in the Medicaid Audit Report letter dated May 18, 2004. The facts alleged in the Medicaid Audit Report letter are hereby deemed admitted. The Agency hereby adopts the facts set forth in the determination letter. CONCLUSIONS OF LAW The Agency incorporates and adopts each and every relevant statement and conclusion of law set forth in the Medicaid Audit Report letter dated May 18, 2004. The admitted facts support the legal conclusion that the proposed adjustments to Petitioner’s Medicaid cost report for the eighteen months ending December 31, 2000 should be upheld. Based on the foregoing, it is ORDERED AND ADJUDGED that the proposed adjustments to Petitioner’s Medicaid cost report for the eighteen months ending December 31, 2000 are hereby UPHELD. The Petitioner’s request for an administrative hearing is hereby DISMISSED. DONE AND ORDERED this age day of August , 2006, in Tallahassee, Florida. CHRISTA CALAMAS, Secretary AGENCY FOR HEALTH CARE ADMINISTRATION 2 NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A JUDICIAL 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 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 was served to the Fhugus © following named addressees by U.S. Mail this at tay of , 2006, RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 (850) 922-5873 Copies Furnished to: William F. Quattlebaum Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Wiiliam D. Davis 100 Second Avenue South, Suite 1200 St. Petersburg, Florida 33701 David W. Nam, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308 Lisa Milton Administrator of Audit Services Medicaid Program Analysis State of Florida, Agency for Health Care Administration 2727 Mahan Drive, MS 21 Tallahassee, Florida 32308

Docket for Case No: 04-002450MPI