STATE OF FLORIDA’ iL ED AGENCY FOR HEALTHCARE BBWS TRATION PH 4: JQ ACME RECYCLING INDUSTRIES, LLC, and Divi FIRST COMMERCIAL CLAIMS SERVICES, ADMINIS rayGt ; HEARINGS YE Petitioners, vs. DOAH Case No.: 07-003390 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. Oe _N FINAL ORDER THIS CAUSE concerns a Petition for Administrative Hearing ("Petition") that the Petitioner filed with AHCA on July 16, 2007. On July 20, 2007, AHCA forwarded the Petition to the Division of Administrative Hearings for assignment of an Administrative Law Judge. On June 26, 2008, the presiding officer entered an Order granting the Respondent's Motion to Dismiss or to Close DOAH File. The Order incorporated AHCA's Motion by reference as though fully set forth in the Order, and such Motion recited the several bases and fact allegations upon which dismissal of the Petition is appropriate — particularly the Petitioners’ failure to file any responsive pleading(s) to the numerous dispositive motions filed in this case to date; and failure or refusal to comply with any of the several Orders entered by the presiding officer, including the Order entered June 2, 2008 granting AHCA's Second Motion for Order to Show Cause. AHCA is bound by administrative stare decisis to follow the AHCA Final Order that was entered April 18, 2008, in Southeast Personnel Leasing, Inc. and Lion Insurance Company v. AHCA and Holmes Regional Medical Center, Inc., AHCA Case No. 07-367PH (formerly DOAH Case No.: 07-3364) wherein it was determined that the per diem schedule with stop-loss that Page 1 of 3 was adopted by the three-member panel and was applied by AHCA in this case does not conflict with section 440,13(12), Florida Statutes. Based on the forgoing, IT IS THEREFORE ORDERED: The Petition for Administrative Hearing is dismissed with prejudice and the Agency's Determination is hereby upheld. Petitioner shall remit payment to the hospital of the amount determined in AHCA's Determination dated June 19, 2007. Petitioner shall submit proof of the amount paid to: Ms. Twan Jackson, Workers' Compensation Medical Services Unit, c/o Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-4232 DONE and ORDERED this of 7tiay of , 02Z/2G _in Tallahassee, Leon County, Florida. Holly Benson, Secretafy 7 Agency for Health Care Administration Page 2 of 3 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 ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY AND A SECOND COPY, ALONG WITH A FILING FEE AS PRESCRIBED BY LAW, IN 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 THIRTY (30) DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true copy of the foregoing was served on the following 2008. Richard J. Shoop Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308 (850) 922-5873 COPIES FURNISHED TO Orlando Regional Healthcare Systems, Inc. Acme Recycling Industries, LLC P.O. box 620000, Stop 9936 1430 Dolgner Place : Orlando, FL 32891 . Sanford, FL 32771 Debbie Openshaw First Commercial Claims Services 3090 Caruso Court P.O. Box 160130 Orlando, FL 32806 Hialeah, FL 33016 FairPay Solutions, Inc. Timothy L. Newhall 14295 Midway road, Suite 300 Law Office of Timothy L. Newhall, LLC Addison, TX 75001 1334 Timberlane Road, Suite 11 Tallahassee, FL 32312 MCMC, LLC 7110 Crossroads Bivd., Suite 200 Brentwood, TN 37027 Page 3 of 3

Docket for Case No: 07-003390