aa E. = ° ty ute STATE OF FLORIDA it “Oh 3 AGENCY FOR HEALTH CARE ADMINISTRATION, |, AGENCY CLERK “hore -u PB 1:59 FRANK WINSTON CRUM INSURANCE, Petitioner, DOAH CA ENO. 07-3388 AHCA NO. 2007007831 v. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and HOLMES REGIONAL MEDICAL CENTER, INC., Intervenor. FINAL ORDER THIS CAUSE concerns. a Petition for Administrative Hearing (“Petition”) that the Petitioner filed on July 3, 2007. On July 20, 2007, the Petition was forwarded to the Division of Administrative Hearings by the Agency and assigned to an Administrative Law Judge. On October 26, 2007, 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 November 19, 2007, the Administrative Law Judge assigned to the case issued an Order on Pending Motions (“Order”). In the Order, the Administrative Law Judge granted the Intervenor’s Motion, finding that, in accordance with previous Agency final orders, the Petitioner’s failure to respond to Holmes Regional Medical Center, Inc.’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 (2006) was an absolute bar to any defense otherwise available to the Petitioner and thus eliminated any disputes of material fact. A copy of the Order is hereby incorporated and attached as part of this final order as Exhibit A. Based upon the Order, IT IS THEREFORE ORDERED AND ADJUDGED THAT: The Petitioner’s Petition is dismissed with prejudice and the Agency’s June 2, 2007 Determination is hereby upheld. Petitioner shall submit the correct reimbursement amount as stated in the Agency’s June 7, 2007 Determination to Holmes Regional Medical Center, Inc. within 30 days of the date that this final order is rendered, and shall submit proof of reimbursement to: Twan Jackson, AHCA WC Med Services, Division of Worker’s Compensation, 200 East Gaines Street, Tallahassee, Florida 32399-4229. Petitioner shall govern itself accordingly. DONE and ORDERED this= day op hovernbte 201, in Tallahassee, Florida. ANDREW C. AGWUNOBI, M.D., Secretary Y AGENCY FOR HEALTH CARE ADMINISTRATI 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 Y day of Love £61007. RICHARD J. SHOOP, Agency Cler Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: Daniel Manry Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Timothy L. Newhall, Esquire Law Offices of Timothy L. Newhall, L.L.C. 1334 Timberlane Road, Suite 11 Tallahassee, Florida 32312 Mari H. McCully, Esquire Department of Financial Services Division of Worker’s Compensation 200 East Gaines Street Tallahassee, Florida 32399-4229 Jan Mills Facilities Intake Elizabeth Dudek Health Quality Assurance STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS FRANK WINSTON CRUM INSURANCE, Petitioner, Case No. 07-3388 vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and HOLMES REGIONAL MEDICAL CENTER, INC., Intervenor. ORDER_ON PENDING MOTIONS This Order resolves various motions that are pending in this proceeding. On October 26, 2007, Holmes Regional Medical Center, Inc. (Intervenor), filed Intervenor's Mot ion to Relinquish Jurisdiction to Agency For Health Care Administration for Entry of Final Order (the Motion to Relinquish Jurisdiction). On October 29, 2007, Petitioner filed a Motion to Stay these proceedings. On November 1, 2007, Petitioner filed Petitioner's Agreed Motion for Extension of Time to Respond to Intervenor's Motion to Relinquish Jurisdiction (the Motion for Extension of Time). Pursuant to an Order issued on November 5, 2007, Petitioner's response to the Motion to Relinquish Jurisdiction was required to be filed with the Division of Administrative Hearings (DOAH) no later than November 9, 2007, and Petitioner timely filed Petitioner's Response to Intervenor's Motion to Relinquish Jurisdiction (the Response). On November 8, 2007, Intervenor filed Intervenor's Motion for Disqualification of the undersigned (the Motion for Disqualification). On November 16, 2007, Petitioner filed a Motion for Continuance. Exhibit ra The Motion for Disqualification may be fairly summarized as alleging that the undersigned engaged in an "ex parte" communication with counsel for Petitioner to propose "a plan" to consolidate this proceeding and DOAH Case Number 07 -3390 with DOAH Case Number 07-3562 and to stay all three cases pending additional rulemaking by the agency. The Motion for Disqualification is denied as legally insufficient. An "ex parte" communication, in relevant part, is one involving the "merits" of a case. § 120.66(1), Fla. Stat. (2007) (prohibiting ex parte communications "relative to the merits"). An alleged "ex parte" communication relative to procedures is a statutory oxymoron. As a matter of law, an Administrative Law Judge may sua sponte consolidate cases that satisfy the relevant requirements for consolidation, and an affected party has an adequate remedy through a motion to sever. Moreover, the issue of consolidation is now moot because DOAH Case Number 07-3562 was the only case in which the agency had filed a motion to consolidate, and that case has been closed pursuant to the agreement of the parties to that proceeding. Case Number 07-3390 has been placed in abeyance pursuant to an unopposed motion to stay that proceeding. The Motion to Relinquish Jurisdiction is granted. Petitioner admits in paragraph 14 of the Petition for Administrative Hearing and in paragraph 1 of the Response that Petitioner's response to the reimbursement dispute was postmarked on February 24, 2006, a day after the expiration of the statutory ten-day response time. Petitioner's response wag untimely and serves as an absolute bar to any defense otherwise available to Petitioner. § 440.13(7) (b), Fla. Stat. (2007); FairPay Solutions, Broadspire Services, Inc., and Crum Services v. AHCA, Consolidated Case Nos. 1D06-4653 and 1D06-5304 (Fla. 1st DCA Nov. 15, 2007). The unt imely response from Petitioner eliminates any disputed issues of fact, within the meaning of Subsection 120.57(1), Florida Statutes (2007), and deprives DOAH of further jurisdiction. The Motion to Stay and Motion for Continuance are each denied as moot. Accordingly, it is ORDERED that: 1. The final hearing in this cause scheduled for November 27 and 28, 2007, is canceled. 2. This matter is returned to the referring agency for issuance of a final order. 3. The file of the DOAH is closed. DONE AND ORDERED this 19th day of November, 2007, in Tallahassee, Leon County, Florida. DAD DANIEL MANRY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 19th day of November, 2007. COPIES FURNISHED: Timothy L. Newhall, Esquire Law Offices of Timothy L. Newhall, L.L.c. 1334 Timberlane Road, Suite 11 Tallahassee, Florida 32312 Jerome W. Hoffman, Esquire Holland & Knight LLP Post Office Drawer 810 Tallahassee, Florida 32308 Mari H. McCully, Esquire Department of Financial Services Division of Workers' Compensation 200 East Gaines Street Tallahassee, Florida 32399-4229

Docket for Case No: 07-003388