Petitioner: STEPHANIE LYNN NICHOLS
Respondent: DEPARTMENT OF HEALTH
Judges: ELIZABETH W. MCARTHUR
Agency: Department of Health
Locations: Tallahassee, Florida
Filed: Oct. 13, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, December 13, 2010.
Latest Update: Dec. 24, 2024
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FILED
oe ANCA
- AGENCY CLERK
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION 200 KAY 20 A 8 13
STATE OF FLORIDA,
AGENCY FOR HEALTH CARE - Tt
ADMINISTRATION, » a
Petitioner, 2 wo Ft
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vs. MPI reference No.: CI 10-1244800 °° 3
Provider No: 8853177 00 pe
, License No.: RT0007212 bad
STEPHANIE L. NICHOLS ©
Respondent. .
/
FINAL ORDER
THIS CAUSE is before me for issuance of a Final Order. . In a letter dated March 1
2010, Stephanie L. Nichols (Respondent) was informed that the State of Florida, Agency for
Health Care Administration (Agency) applied a sanction of termination from participation in the
Florida Medicaid program pursuant to Rule 59G-9.070, Florida Administrative Code.
Pursuant to Section 409.913(6), Florida Statutes, the letter was sent to the Respondent at
the address last shown on the ptovider enrollment file. The letter was refused. The letter
contained full disclosure and notice regarding the Respondent’s administrative hearing and due
process rights. To date, the Respondent has not requested a hearing to dispute the facts
contained in the letter; and, the timeframe within which Respondent had to request a hearing has
expired.
FINDINGS OF FACTS
1. The letter was sent to the Respondent at the address last shown on the provider
~ enrollment file that applied a sanction of termination from participation in the Florida Medicaid |
program pursuant to Rule 59G-9.070, Florida Administrative Code. The letter was refused.
2. The letter disclosed-the Respondent’s administrative and due process rights.
3. The Respondent has not disputed imposition of the sanction as set forth in the letter.
CONCLUSIONS OF LAW |
4. The Agency incorporated. ‘and adopts the statements and conclusions of law as set
forth in the aforementioned letter .
5. The sanction as set forth in the letter is final.-
- BASED on ‘the foregoing, it is ORDERED and ADJUDGED that the Respondent is
terminated from patticipation in the Florida Medicaid program pursuant to Rule 59G-9.070,
Florida Administrative Code.
. bh ~
DONE AND ORDERED this | 4 day of MAY, 2010, in Tallahassee,
Florida.
Thomas W. Arnold, Secretary
Agency for Health Care Administration
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.
are
: Copies furnished to:
_ Stephanie L. Nichols
9908 Gulf Drive
Anna Maria, Florida 34216
(U.S. mail, certified) ;
D. Kenneth Yon, Bureau Chief
Medicaid Program Integrity
(Interoffice mail)
Finance & Accounting
Cnteroffice mail)
Shawn McCauley
Medicaid Contract Management
(via email only)
DOH
License No.: RTO0072 12
(via email only)
CERTIFICATE OF SERVICE.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been ee on
the above-named persons by U.S. Mail or interoffice mail as indi: on this the mes day of
; Richard Shoop, Agency Clerk
«State of Florida
Agency for Health Care Administration
2727 Mahan Drive, Building #3
Tallahassee, Florida 32308-5403 |
(850) 922-5873
‘(Page 1 of 3)
FLORIDA AGENCY FOR HEALTH CARE ADMINSTRATION,
CHARLIE CRIST THOMAS W. ARNOLD
ollie esr ce een cactachtetin, —. THOMARWTARNou
GOVERNOR Better Health Care for all Floridians = SECRETARY
CERTIFIED MAIL NO.7004 2510 6001 4446 0921
Date: March 1, 2010
Stephanie L. Nichols
9908 Gulf Drive
Anna Maria, Florida 34216
Provider No: 8853177 00
In Reply Refer to: Termination from participation
Dear Ms. Nichols:
Our records indicate you were convicted on September 25, 2007 with Medicaid fraud and Organized
fraud. In accordance with Sections 409.913, Florida Statute (F.S.), and Rule 59G-9.070, Florida
Administrative Code (F.A.C.), the Agency for Health Care Administration (Agency) is hereby
terminating your participation in the Medicaid program (7L).. This includes any action that results ina
claim for payment to the Medicaid program as a result of furnishing, supervising a person who is
furnishing, or causing a person to furnish goods or services. :
You have the right to request a formal or informal hearing pursuant to Section 120.569, F.S. If a request
for a formal hearing is made, the petition must be made in compliance with Section 28-106.201, FAC.
and mediation may be available. If a request for an informal hearing is made, the petition must be made
in compliance with rule Section 28-106.301, F.A.C. Additionally, you are hereby informed that if a
request for a hearing is made, the petition must be received by the Agency within twenty-one (21) days
of receipt of this letter. For more information regarding your hearing and mediation rights, please
see the attached Notice of Administrative Hearing and Mediation Rights. :
- Any questions you may have about this matter should be directed to: Horace Dozier, Field Office
Manager, Agency for Health Care Administration, Medicaid Program Integrity, 2727 Mahan uo
Drive, Mail Stop #6, Tallahassee, Florida 32308-5403, telephone (850) 921-1802, facsimile (850) 410-
1972. . : ;
Sincerely,
Horace Dozier
Field Office Manager. ~
Office of Inspector General
Medicaid Program Integrity
ce: Kim Kellum, Chief Medicaid Counsel
Jim Hampton, Division of Medicaid
DOH(via email only) :
ne
Visit AHCA online at
2727 Mahan Drive, MS# 6
http:ahca.myflorida.com
Tallahassee, Florida 32308
(Page 2 of 3}
Stephanie L. Nichols
Provider No: 885317700 ©
Page 2 of 3 -
NOTICE OF ADMINISTRATIVE HEARING AND MEDIATION RIGHTS
NOTICE OF ADMINISTRATIVE HEARING AND MEDIATION RIGHTS °
You have the right to request an administrative hearing pursuant to Sections 120.569 and 120.57,
Florida Statutes. If you disagree with the facts stated in the foregoing Final Audit Report (hereinafter
FAR), you may request a formal administrative hearing pursuant to Section 120.57(1), Florida Statutes.
If you do not dispute the facts stated in the FAR, but believe there are additional reasons to grant the relief
you seek, you may request an informa! administrative hearing pursuant to Section 120.57(2), Florida
Statutes. Additionally, pursuant to Section 120.573, Florida Statutes, mediation may be available if you
have chosen a formal administrative hearing, as discussed more fully below. ;
‘The written request for an administrative hearing must conform to the requirements of either Rule
28-106.201(2) or Rule 28-106.301(2), Florida Administrative Code, and must be received by the Ageacy
for Health Care Administration by 5:00 P.M. no later than 21 days after you received the FAR. The
address for filing the written request for an administrative hearing is: ; a
Richard J. Shoop, Esquire
Agency Clerk .
_- Agency for Health Care Administration
2727 Mahan Drive, MS #3
Tallahassee, Florida 32308
Fax: (850) 921-0158
‘The request must be legible, on 8 % by 11-inch white paper, and contain:
1. Your name, address, telephone number, any Agency identifying number on the FAR, if known,
and name, address, and telephone number of your representative, if any; .
2. Anexplanation of how your substantial interests will be affected by the action described in the
FAR; | ;
3. A statement of when and how you received the FAR;
4. Fora request for formal hearing, a statement of all disputed issues of material fact;
5. Fora request for formal hearing, a concise statement of the ultimate facts alleged, as well as the
tules and statutes which entitle you to relief;
6. Fora request for formal hearing, whether you request mediation, if it is available;
7. Fora request fot informal hearing, what bases support an adjustment to the amount owed to the
. ‘Agency; and .
8. A demand for relief. *
A formal hearing will be held if there are disputed issues of material fact. Additionally, mediation
_ may be available in conjunction with a formal hearing. “Mediation is a way to use a neutral third party to
assist the parties in a legal or administrative proceeding to reach a settlement of their case. If you and the
- Agency agree to mediation, it does not mean that you give up the right to a hearing. Rather, you and the
Agency will try to settle your case first with mediation.
If you request mediation, and the Agency agrees to it, you will be contacted by the Agency to set
up a time for the mediation and to enter into a mediation agreement. If a mediation agreement is not
reached within 10 days following the request for mediation, the matter will proceed without mediation.
The mediation must be concluded within 60 days of having entered into the agreement, unless you and the
Agency agree to a different time period. The mediation agreement between you and the Agency will
include provisions for selecting the mediator, the allocation of costs and fees associated with the
mediation, and the confidentiality of discussions and documents involved in the mediation. Mediators
charge hourly fees that must be shared equally by you and the Agency. o
_ (Page 3 of 3)
Stephanie L. Nichols
Provider No: 8853177 00
Page 3 of 3
Ifa written request for an administrative hearing is not timely received you will have waived your
right to have the intended action reviewed pursuant to Chapter 120, Florida Statutes, and the action set
_ path ip ts. 4H8 alia Be, candusive, aab Fatt crant to Chapter 120, Florida Statutes, and the action set:
forth in the FAR shall be conclusive and final.
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TEPHANIE LYNN NICHOLS ;
ICENSE NUMBER: RT7212 _ Printer Friendly Version Ed
REGISTERED RESPIRATORY THERAPIST
CLEAR/ACTIVE G
03/27/2003
1001 26TH AVE WEST
BRADENTON, FL
34205
Docket for Case No: 10-009654
Issue Date |
Proceedings |
Dec. 13, 2010 |
CASE STATUS: Motion Hearing Held. |
Dec. 13, 2010 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Dec. 07, 2010 |
Respondent's Motion to Relinquish Jurisdiction filed.
|
Dec. 07, 2010 |
Notice of Prehearing Conference and Telephonic Motion Hearing (motion hearing set for December 13, 2010; 11:00 a.m.).
|
Nov. 03, 2010 |
Order of Pre-hearing Instructions.
|
Nov. 03, 2010 |
Notice of Hearing (hearing set for December 23, 2010; 9:30 a.m.; Tallahassee, FL).
|
Oct. 27, 2010 |
Notice of Withdrawal of Counsel filed.
|
Oct. 19, 2010 |
Respondent's First Requests for Admission to Petitioner Nos. 1-3 filed.
|
Oct. 18, 2010 |
Unilateral Response to Initial Order filed.
|
Oct. 14, 2010 |
Initial Order.
|
Oct. 13, 2010 |
Final Order filed.
|
Oct. 13, 2010 |
Motion to Dismiss Petition filed.
|
Oct. 13, 2010 |
Notice of Intent to Deny Renewal filed.
|
Oct. 13, 2010 |
Petition for Formal Review and Request for Hearing Charging Documents filed.
|
Oct. 13, 2010 |
Notice (of Agency referral) filed.
|