STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION FAIRPAY SOLUTIONS, TECHNOLOGY INSURANCE COMPANY, INC. and ASSOCIATED INDUSTRIES INSURANCE SERVICES, INC. : oe Petitioners, DOAH CASE NO. 06-1274,.0 AHCA NO. 2006002719 Vv. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and NEW PORT RICHEY HOSPITAL d/b/a COMMUNITY HOSPITAL OF NEW PORT RICHEY, Intervenor. / FINAL ORDER _ THIS CAUSE concerns a Petition for Formal Administrative Hearing (“Petition”) that the Petitioner filed on February 17, 2006. On April 12, 2006, the Petition was forwarded to the Division of Administrative Hearings by the Agency and assigned to an Administrative Law Judge. On May 17, 2006, the Intervenor filed a Petition to Intervene. On June 15, 2006, the Intervenor filed a Motion to Relinquish Jurisdiction to Agency for Health Care Administration for Entry of Final Order (“Motion”). In the Motion, the Intervenor argued that there were no disputed issues of material fact, and that the case should be returned to the Agency for the issuance of a final order. On August 7, 2006, the Administrative Law Judge assigned to the case issued a Recommended Order of Dismissal, relinquishing jurisdiction to the Agency and recommending that the Agency enter a final order that is consistent with its February 10, 2006 determination, and that dismisses the Petitioners’ Petition. In the Recommended Order of Dismissal, the Administrative Law Judge found that Section 440.13(7)(b), Florida Statutes (2005), was a non- claim statute rather than a statute of limitation. As such, the Agency could have no jurisdiction to consider the Petitioners’ claim while the matter was before the Agency and neither could the Division of Administrative Hearings because the Petitioners failed to respond to the Intervenor’s petition for dispute resolution within 10 days of receipt of the petition by certified mail as mandated by Section 440.13(7)(b), Florida Statutes (2005). The ALJ found that the Petitioners waived all objections to the Intervenor’s petition for dispute resolution by not filing a response to the petition with the Agency, and thus had no substantial interest standing to raise a claim at this point in time. The ALJ further found that Fairpay Solutions and Associated Industries Insurance Services did not have standing to challenge the Agency’s determination because neither of them would be required to pay “any monies ultimately determine to be due to the Intervenor.” Thus, they would not sustain an “injury in fact” of a nature that would entitle them to standing. The Administrative Law Judge’s Order Closing File that was issued on August 7, 2006, is hereby incorporated and attached as part of this final order as Exhibit A. Based upon the Recommended Order of Dismissal, IT IS THEREFORE ORDERED AND ADJUDGED THAT: The Petitioner, Technology Insurance Company, Inc., shall reimburse the Intervenor an additional $5,705.80 ($14,029.28, which is 60% of the $23,382.12 billed by the Intervenor, - $8,323.48, which the Petitioner originally reimbursed the Intervenor) for services rendered to Patient K.L. October 17, 2005. Petitioner, Technology Insurance Company, Inc., shall submit this additional reimbursement to the Intervenor within 30 days of the date that this final order is rendered, and shall submit proof of reimbursement to: Beverly Williams, AHCA WC Med Services, Division of Worker’s Compensation, 200 East Gaines Street, Tallahassee, Florida 32399-4229. Petitioners shall govern themselves accordingly. DONE and ORDERED this day or HOCLLHOLL, v0, in Tallahassee, Florida. 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 CERTIPY 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 ide day of Sepreber, 2006. Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: P. Michael Ruff Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Tamela I. Perdue, Esquire Stiles, Taylor & Grace, P.A. Post Office Box 1140 Tallahassee, Florida 32301 Joanna Daniels Esquire Assistant General Counsel AHCA WC Med Services Division of Worker’s Compensation 200 East Gaines Street Tallahassee, Florida 32399-4229 Stephen A. Ecenia, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. Post Office Box 551 Tallahassee, Florida 32302-0551 Jan Mills Facilities Intake Elizabeth Dudek Health Quality Assurance

Docket for Case No: 06-001274