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EXCLUSIVE INVESTMENT MANAGEMENT AND CONSULTANTS, INC., D/B/A NEW DIRECTION COUNSELING, A FLORIDA CORPORATION vs AGENCY FOR HEALTH CARE ADMINISTRATION, 95-005370 (1995)

Court: Division of Administrative Hearings, Florida Number: 95-005370 Visitors: 16
Petitioner: EXCLUSIVE INVESTMENT MANAGEMENT AND CONSULTANTS, INC., D/B/A NEW DIRECTION COUNSELING, A FLORIDA CORPORATION
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: DANIEL MANRY
Agency: Agency for Health Care Administration
Locations: Orlando, Florida
Filed: Nov. 07, 1995
Status: Closed
DOAH Final Order on Friday, April 17, 1998.

Latest Update: Oct. 09, 1998
Summary: On remand, Respondent failed to adequately explain emerging incipient policy with explanation that policy was not emerging but had always been applied with direct and consistent effect of law.

Docket for Case No: 95-005370
Issue Date Proceedings
Oct. 09, 1998 Motion for Appellate Attorney`s Fees Under Florida Statutes 57.105 and Florida Rule of Appellate Procedure 9.410 (filed in the First DCA) filed.
Jul. 30, 1998 Notice of Appeal filed. (filed by: Appellant)
Jul. 06, 1998 Final Order filed.
Apr. 17, 1998 Case No/s: unconsolidated. 95-005370
Feb. 02, 1998 CASE STATUS: Hearing Held.
Feb. 02, 1998 Letter to DSM from G. Scott (RE: enclosing hearing documents/tagged) filed.
Jan. 12, 1998 Order Granting Consolidation sent out. (Consolidated cases are: 95-5370 & 97-4744F; Hearing to be heard on 2/2/98). CONSOLIDATED CASE NO - CN002866
Dec. 29, 1997 Joint Response to Corrected Order of Abeyance filed.
Nov. 25, 1997 Corrected Order of Abeyance sent out. (parties to file status report by 12/29/97)
Nov. 19, 1997 Order of Abeyance sent out. (parties to file status report by 12/29/97)
Nov. 19, 1997 Order to Show Cause sent out. (parties to respond by 12/29/97 as to the consolidation of cases 95-5370 & 97-4744F)
Nov. 10, 1997 CASE REOPENED., Order sent out.
Oct. 23, 1997 Notice of Remand filed.
Oct. 22, 1997 Response in opposition to Petition for award of attorney`s fees and costs and memorandum filed.
Sep. 19, 1997 First DCA Opinion (Agency Appeal -AFFIRMED IN PART, REVERSED IN PART and REMANDED) filed.
Oct. 28, 1996 Final Order filed.
Aug. 15, 1996 Recommended Order sent out. CASE CLOSED. Hearing held 05/29/96.
Jun. 24, 1996 Respondent`s Proposed Recommended Order filed.
Jun. 24, 1996 Petitioner`s Legal Memorandum Opposing Termination of Participation in Medicaid Program filed.
Jun. 18, 1996 (Petitioner) Proposed Recommended Order (for Hearing Officer signature); Petitioner`s Legal Memorandum Opposing Termination of participation In Medicaid Program W/Tagged Attachments filed.
Jun. 12, 1996 Transcript of Proceeding filed.
Jun. 07, 1996 (Petitioner) Amended Petition for Formal Proceedings Under Florida Statutes 120.57 filed.
Jun. 05, 1996 Subpoena (from J. Burzee); Affidavit of Service filed.
May 29, 1996 CASE STATUS: Hearing Held.
May 29, 1996 CASE STATUS: Hearing Held.
May 22, 1996 Petitioner`s Motion for Continuance filed.
May 22, 1996 Petitioner`s Motion for Continuance filed.
May 20, 1996 (Petitioner) Amended Petition for Formal Proceedings Under Florida Statutes 120.57 filed.
May 15, 1996 (Petitioner) Amended Petition for Formal Proceedings Under Florida Statutes 120.57 filed.
Apr. 30, 1996 Order Granting Motion to Amend Administrative Complaint sent out.
Apr. 17, 1996 Notice of Hearing sent out. (hearing set for 5/29/96; 9:30am; Orlando)
Apr. 15, 1996 (Petitioner) Motion to Bring in Additional Party by Amending Petition filed.
Apr. 15, 1996 (Respondent) Response to Order of Abeyance filed.
Apr. 12, 1996 Status Report on Order of Abeyance filed.
Mar. 19, 1996 Order Denying Consolidation sent out.
Mar. 08, 1996 Total Recovery, Inc.`s Reply to Response in Opposition to Motion to Consolidate filed.
Mar. 07, 1996 (Respondent) Response in Opposition to Total Recovery, Inc.`s Partially Agreed to Motion to Consolidate w/cover sheet filed.
Mar. 01, 1996 Order of Abeyance sent out. (Parties to file status report by 4/15/96)
Feb. 29, 1996 Petitioner`s Motion for Continuance filed.
Feb. 27, 1996 (Total Recovery) Partially Agreed to Motion to Consolidate (Case #`s:95-5222, 95-5370, 95-5371, 95-5575, 95-5576, 95-5577, 95-5578, 95-5674, 95-5675, 95-5785, 95-5788, 95-5946 & 95-6043); Letter to Total Recovery, Inc. from G. Crayton Re: Cancellation of
Feb. 26, 1996 Petitioner`s Memorandum of Law In Opposition to Respondent`s Motion for Protective Order filed.
Feb. 22, 1996 Petitioner`s Memorandum of Law in Opposition to Respondent`s Motion for Protective Order filed.
Feb. 22, 1996 (Petitioner) Motion for Protective Order, to Quash Subpoena, and Memorandum In Support Thereof filed.
Feb. 20, 1996 (Petitioner) (2) Amended Notice of Taking Deposition Duces Tecum; (4)Subpoena Duces Tecum filed.
Feb. 20, 1996 Petitioner`s Memorandum of Law in Opposition to Respondent`s Motion for Protective Order filed.
Feb. 19, 1996 Pages 2 & 3 that was inadvertently left out of original Motion for Protective Order filed.
Feb. 16, 1996 (Respondent) Notice of Filing Answers to Petitioner`s Interrogatories; Notice of Response to Petitioner`s Request for Production filed.
Feb. 16, 1996 (Respondent) Memorandum of Law in Support of Motion for Protective Order filed.
Feb. 15, 1996 (3) Subpoena Duces Tecum; (3) Affidavit of Service (From J. Burzee) filed.
Feb. 15, 1996 (AHCA) Motion for Protective Order filed.
Feb. 13, 1996 Petitioner`s Response to Request for Production of Documents or Things filed.
Feb. 09, 1996 (Petitioner) Notice of Taking Deposition Duces Tecum filed.
Jan. 29, 1996 Petitioner`s Answers to Request for Admission filed.
Jan. 29, 1996 (Petitioner) (7) Notice of Taking Deposition Duces Tecum filed.
Jan. 23, 1996 Petitioner`s Notice of Service of Interrogatories; Petitioner`s Request for Production filed.
Jan. 11, 1996 (Gordon B. Scott) Notice of Appearance filed.
Jan. 10, 1996 Order Continuing and Rescheduling Formal Hearing sent out. (hearing rescheduled for 3/7/96; 9:30am; Orlando)
Jan. 08, 1996 Respondent`s Request for Admissions filed.
Jan. 08, 1996 Respondent`s Request for Production filed.
Dec. 26, 1995 Petitioner`s First Amended Motion for Continuance of Formal Hearing filed.
Dec. 19, 1995 Petitioner`s Motion for Continuance of Formal Hearing filed.
Dec. 05, 1995 Notice of Hearing sent out. (hearing set for 1/10/96; 9:30am; Orlando)
Nov. 27, 1995 (Respondent) Response to Initial Order filed.
Nov. 14, 1995 Initial Order issued.
Nov. 07, 1995 Notice; Request for Formal Hearing Under Florida Statutes 120.57, (Exhibits); Amended Request for Formal Hearing Under Florida Statutes 120.57; Agency Action ltr. filed.

Orders for Case No: 95-005370
Issue Date Document Summary
Jul. 02, 1998 Agency Final Order
Apr. 17, 1998 Recommended Order On remand, Respondent failed to adequately explain emerging incipient policy with explanation that policy was not emerging but had always been applied with direct and consistent effect of law.
Oct. 17, 1997 Remanded from the Agency
Sep. 18, 1997 Opinion
Oct. 24, 1996 Agency Final Order
Aug. 15, 1996 Recommended Order Medical provider with contract for less than 1 year with HRS divisions other than ADM is "under contract to HRS" within the meaning of Section 409.906(8)
Source:  Florida - Division of Administrative Hearings

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