STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ALBERTO MARANTE, M.D., Petitioner, DOAH CASE NO. 04-4629MPI C.L NO. 95-0132-026 oO a Vv. = STATE OF FLORIDA, AGENCY FOR 3 HEALTH CARE ADMINISTRATION, cn _ Respondent, ~ / e FINAL ORDER THIS CAUSE concerns a Petition for Formal Administrative Hearing that the Petitioner filed on October 6, 2004. On December 27, 2004, the Petition was forwarded to the Division of Administrative Hearings by the Agency and assigned to an Adminisirative Law Judge. The Petitioner was also a party to a Rule Challenge that was filed on January 13, 2005, in DOAH Case No. 05-0092RX, which contested the validity of the Agency’s critical care rule contained in the Agency handbook that was in effect during the audit period in this case, and that was applied to determine the overpayment alleged in the Final Agency Audit Letter (FAAL) that was issued in this case. Based on the rule challenge, the Agency revised its critical care rule, and, following the final adoption of the handbook containing the revised critical care rule, the rule challenge was later voluntarily dismissed with prejudice on August 25, 2005. On January 28, 2005, the Administrative Law Judge assigned to this case issued an Order Granting Continuance and Placing Case In Abeyance, and, on April 8, 2005, the Administrative Law Judge assigned to this case issued an Order Continuing Case In Abeyance. On August 30, 2005, the parties filed a Joint Motion to Remand Case to the Agency for Health Care Administration in which the parties advised the Division that the Agency had adopted a handbook containing a critical care rule revised to be in compliance with federal law that effectively negated the overpayment alleged in this case. The Joint Motion advised that, had the revised critical care rule been applied, there would have been no overpayment alleged against Petitioner in this case. The Joint Motion operated as a rescission by the Agency of the FAAL issued in this case, along with an agreement by the Agency that it would not re-issue another FAAL alleging any overpayment for the audit period in question. The Joint Notice further provided that each of the parties would bear its respective attorney’s fees and costs. On September 1, 2005, the Administrative Law Judge assigned to this case issued an Order Closing File based on the parties’ representation that the adoption by the Agency of a handbook containing a critical care rule revised to be in compliance with federal law would have the effect of negating the overpayment alleged in this case. IT IS THEREFORE ORDERED AND ADJUDGED THAT: - The FAAL issued by the Agency in this case is hereby rescinded; - The Agency shall not issue another FAAL alleging any overpayment for the audit period in question; - Each party shall bear its own attorney’s fees and costs associated with this case; and - This case is now closed. 1 DONE and ORDERED this _/ 7 day of ea arr - , 2005, in Tallahassee, Florida. spfctlaeg #7 ALAN LEVINE, Setretary AGENCY FOR HEALTH 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. or interoffice mail to the persons named below on this 2 day of <2pber—, 2005. RICHARD J. ee == = Agency for Health Care Administration 2727 Mahan Drive, MS#3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: Stuart M. Lerner Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Donna Riselli, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, MS#3 Tallahassee, Florida 32308 Gary J. Clarke, Esquire Sternstein, Rainer & Clark 411 East College Avenue Tallahassee, Florida 32301 Medicaid Program Integrity Agency for Health Care Administration 2727 Mahan Drive, MS#4 Fort Knox Building I Tallahassee, Florida 32308 oS

Docket for Case No: 04-004629MPI