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ISSA ASAD vs AGENCY FOR HEALTH CARE ADMINISTRATION, 21-000119 (2021)

Court: Division of Administrative Hearings, Florida Number: 21-000119 Visitors: 12
Petitioner: ISSA ASAD
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: ROBERT S. COHEN
Agency: Agency for Health Care Administration
Locations: Davie, Florida
Filed: Jan. 12, 2021
Status: Set for Hearing by Zoom Conference.
Latest Update: Jan. 03, 2025
Summary: 2921 JUN23 A 8: 2U STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ISSA ASAD, Petitioner, vs DOAH CASE NO. 21-119 AHCA NO. 2021000478 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. FINAL ORDER THIS CAUSE came on for consideration before the Agency for Health Care Administration (" the Agency"), which finds and concludes as follows: 1. The Agency issued the Petitioner the
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21000119_282_07082021_13192858_e



STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

2021 JUN 23 A 8= 21..J


ISSA ASAD,


Petitioner,


vs. DOAH CASE NO. 21-119

AHCA NO. 2021000478

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondent.

/


FINAL ORDER


THIS CAUSE came on for consideration before the Agency for Health Care Administration ("the Agency " ), which finds and concludes as follows:


  1. The Agency issued the Petitioner the attached Denial of Request for Exemption from Disqualification from Employment /Medicaid Provider Enrollment. (Ex. 1). The case was forwarded to the Presiding Administrative Law Judge for a fonnal hearing to be conducted pursuant to Section 120.57(1 ), Florida Statutes.


  2. The Petitioner subsequently filed a Notice of Voluntary Withdrawal of Petition for Exemption and for Section 120.57(1) Hearing.


  3. The Presiding Administrative Law Judge subsequently entered an Order Closing File and Relinquishing Jurisdiction. (Ex. 2).


    Based upon the foregoing, it is ORDERED:


  4. The Denial of Request for Exemption from Disqualification from Employment/Medicaid Provider Enrollment is UPHELD. However, the denial of Petitioner's application is without prejudice to reapply for an exemption from disqualification for employ:ilent and/or Medicaid enrollment in the future.

ORDERED in Tallahassee, Florida, on thisll>-}a'y of 3"l.v-\.e, ,2021.


imberly Smoa , eputy Secretary Agency for Heal Care Administration


Filed July 8, 2021 1:19 PM Division of Administrative Hearings

NOTICE OF RIGHT TO JUDICIAL REVIEW


A party that is adversely affected by this Final Order is entitled to seek 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 of 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.


CERTIFICATE OF SERVICE


.JLAA- ,

I HEREBY CERTIFY that a true and correct of this Final Order was served on the below- named persons by the method designated on this ay of ,- 1 2021.


op,A

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

Telephone (850) 412-3630


Facilities Intake Unit

Agency for Health Care Administration (Electronic Mail)

Bruce D. Lamb, Petitioner's Attorney Gunster, Yoakley & Stewart, P.A.

401 East Jackson Street Ste. 1500

Tampa, Florida 33602

(Electronic Mail to blamb@gunster.com)

Central Intake Unit

Agency for Health Care Administration (Electronic Mail)

Katie Jackson, Assistant General Counsel Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

The Honorable Robert S. Cohen Administrative Law Judge

Division of Administrative Hearings (Electronic Filing)



2


Docket for Case No: 21-000119
Issue Date Proceedings
Jul. 08, 2021 Agency Final Order filed.
Jun. 22, 2021 Transmittal letter from the Clerk of the Division forwarding Respondent's exhibits to Respondent.
Jun. 17, 2021 Transmittal letter from the Clerk of the Division forwarding Petitioner's exhibits to Petitioner.
Jun. 14, 2021 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jun. 11, 2021 Notice of Withdrawal of Petition for Exemption and for Section 120.57(1) Hearing filed.
Jun. 11, 2021 Notice of Cancelling Deposition filed.
Jun. 10, 2021 Notice of Taking Deposition Duces Tecum (Ryan Fitch) filed.
Jun. 09, 2021 Agency?s Notice Of Service Of Responses To Petitioner?s Request For Admissions filed.
Jun. 09, 2021 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Jun. 08, 2021 Petitioner's Notice of Filing Exhibits filed.
Jun. 08, 2021 Agency's Notice of Filing Exhibits (attached) filed.
Jun. 08, 2021 Joint Prehearing Stipulation filed.
Jun. 07, 2021 Respondent's Proposed Exhibits filed (CD exhibits not available for viewing).
May 20, 2021 Notice of Change of Address for Petitioner's Counsel filed.
May 10, 2021 Request for Admissions filed.
May 05, 2021 Notice of Taking Deposition Duces Tecum (Heyn) filed.
Apr. 29, 2021 Agency's Notice of Filing Supplemental Responses filed.
Apr. 22, 2021 Order Granting Motions to Compel.
Apr. 21, 2021 Motion to Compel Responses to Request for Production filed.
Apr. 21, 2021 Motion to Compel Answers to Interrogatories filed.
Apr. 16, 2021 Order Rescheduling Hearing by Zoom Conference (hearing set for June 17, 2021; 9:00 a.m., Eastern Time).
Apr. 15, 2021 Notice of Availability filed.
Apr. 12, 2021 Agency's Notice of Service of Responses to Petitioner's First Set of Interrogatories and Request for Production filed.
Apr. 07, 2021 Petitioner's Response to Agency's First Request for Production of Documents filed.
Apr. 07, 2021 Petitioner's Notice of Serving Answers to Interrogatories filed.
Apr. 05, 2021 Order Granting Continuance (parties to advise status by April 15, 2021).
Apr. 05, 2021 Renewed Joint Motion for Continuance and Extension of Deadline to Submit Pre-Hearing Stipulation and Exhibits filed.
Mar. 03, 2021 Order Rescheduling Hearing by Zoom Conference (hearing set for April 20, 2021; 9:00 a.m., Eastern Time).
Mar. 03, 2021 Notice of Availability filed.
Feb. 25, 2021 Order Granting Continuance (parties to advise status by March 4, 2021).
Feb. 25, 2021 Joint Motion for Continuance and Extension of Deadline to Submit Pre-Hearing Stipulation and Exhibits filed.
Feb. 05, 2021 Agency's First Request for Production of Documents filed.
Feb. 05, 2021 Agency's Notice of Service of First Set of Interrogatories filed.
Feb. 02, 2021 Request for Production filed.
Feb. 02, 2021 Notice of Serving First Set of Interrogatories to Petitioner filed.
Jan. 27, 2021 Order of Pre-hearing Instructions.
Jan. 27, 2021 Notice of Hearing by Zoom Conference (hearing set for March 9, 2021; 9:00 a.m., Eastern Time).
Jan. 26, 2021 Joint Response to Initial Order filed.
Jan. 20, 2021 Initial Order.
Jan. 12, 2021 Petition for Hearing Involving Disputed Issues of Material Fact filed.
Jan. 12, 2021 Denial of Request for Exemption from Disqualification from Employment/Medicaid Provider Enrollment filed.
Jan. 12, 2021 Notice (of Agency referral) filed.

Orders for Case No: 21-000119
Issue Date Document Summary
Jun. 23, 2021 Agency Final Order 2921 JUN23 A 8: 2U 
STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS 
ISSA ASAD, 
Petitioner, 
vs 
DOAH CASE NO. 21-119 
AHCA NO. 2021000478 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, 
Respondent. 
FINAL ORDER 
THIS CAUSE came on for consideration before the Agency for Health Care Administration (" the Agency"), which finds and concludes as follows: 
1. The Agency issued the Petitioner the attached Denial of Request for Exemption from 
Disqualification from Employment/Medicaid Provider Enrollment. ( Ex. 1). The case was forwarded to the Presiding Administrative Law Judge for a formal hearing to be conducted pursuant to Section 
120.57(l), Florida Statutes. 
2. 
The Petitioner subsequently filed a Notice of Voluntary Withdrawal of Petition for Exemption and for Section 120. 57( 1) Hearing. 
3. 
The Presiding Administrative Law Judge subsequently entered an Order Closing File and Relinquishing Jurisdiction. (Ex. 2). 
Based upon the foregoing, it is ORDERED: 
4. The Denial of Request for Exemption from Disqualification from Employment/Medicaid Provider Enrollment is UPHELD. However, the denial of Petitioner' s application is without prejudice to reapply for an exemption from disqualification for employ ent and/or Medicaid enrollment in the future. 
yG ORDERED in Tallahassee, Florida, on thisQ ay of37U-O-)-e, , 2021. 
IQimberly Smoaf, , eputy Secretary Agency for Heal Care Administration 
NOTICE OF RIGHT TO JUDICIAL REVIEW 
A party that is adversely affected by this Final Order is entitled to seek 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 ofAppeal in the appellate district where the agency maintains its headquarters or where a party resides. Review ofproceedings 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. 
CERTIFICATE OF SERVICE 
I HEREBY CERTIFY that a true and correct~ of this Final Order was served on the belownamed persons by the method designated on this~~ay of _-~...JLAA-~ ,2021. 
op,A Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308 Telephone (850) 412-3630 
Facilities Intake Unit Agency for Health Care Administration (Electronic Mail) Bruce D. Lamb, Petitioner's Attorney Gunster, Y oakley & Stewart, P .A. 401 East Jackson Street Ste. 1500 Tampa, Florida 33602 (Electronic Mail to blamb_@gunster.com) 
Central Intake Unit Agency for Health Care Administration (Electronic Mail) Katie Jackson, Assistant General Counsel Office ofthe General Counsel Agency for Health Care Administration (Electronic Mail) 
The Honorable Robert S. Cohen Administrative Law Judge Division of Administrative Hearings (Electronic Filing) 
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Source:  Florida - Division of Administrative Hearings

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