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HEALTH CARE EXCEL, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 00-001293BID (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001293BID Visitors: 64
Petitioner: HEALTH CARE EXCEL, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: ELLA JANE P. DAVIS
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Mar. 28, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 5, 2000.

Latest Update: Dec. 26, 2024
STATE OF FLORIDA FILED AGENCY FOR HEALTH CARE ADMINISTRATION*™” ?” 00 HEALTH CARE EXCEL, INCORPORATED, Leta BEPAP EMER! ; oo Te L) Petitioner, CASE NO.: 00-1293BID $ vs. STATE OF FLORIDA, AGENCY FOR ~ =I HEALTH CARE ADMINISTRATION, o., #- ase S Respondent, Bae - and 829 = KEYSTONE PEER REVIEW mS ORGANIZATION, INC., Intervenor. / FINAL ORDER On March 6, 2000 the Agency for Health Care Administration (“Agency”) gave notice of its intent to award a contract for a Medicaid Utilization Review Program to Keystone Peer Review Organization, Inc. (‘KePRO”) pursuant to Invitation to Negotiate AHCA.0002 (“ITN”). On March 6, 2000 Health Care Excel, Inc. (“HCE”), one of the Respondents to the ITN, timely filed a. notice of protest of the Agency’s decision to award the contract to KePRO. HCE followed its notice of protest with a , formal written protest on March 16, 2000. HCE and the Agency attempted to resolve the protest by mutual agreement, but were unsuccessful. -The Agency referred HCE’s protest to the Division of Administrative Hearings (“Division”) and it was assigned to ae Administrative Law Judge Ella Jane P. Davis. Judge Davis entered an Order granting KePRO’s motion to intervene. On May 1, 2000 the Agency notified HCE and KePRO of its intent to exercise its rights to reject all proposals received in response to the ITN. Based on this notification, HCE filed a Notice of Voluntary Dismissal of its bid protest on May 1, 2000. Judge Davis subsequently, on May 5, 2000 issued an Order, closing the Division’s file. On May 12, 2000 the Agency posted its notice of intent to reject all proposals received in response to the ITN. No notice ‘of protest was received in response to the Agency’s notice. Based on the foregoing, HCE’s bid protest is dismissed and this proceeding is CLOSED. DONE and ORDERED this a= day oN , 2000, in Tallahassee, Florida. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION RUBEN J. teal JR., DIRECTOR 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 THE 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. , COPIES FURNISHED TO: -2- William H. Roberts, Esquire Deputy General Counsel ’ State of Florida, Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Fort Knox Building III Tallahassee, Florida 32308 Ella Jane P. Davis Administrative Law Judge DOAH, The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Donna H. Stinson, Esquire Broad and Cassel Post Office Drawer 11300 Tallahassee, Florida 32302 James Ulsh, Esquire Mette, Evans & Woodside Post Office Box 5950 Harrisburg, Pennsylvania 17110-0950 Barry A. Chambers, Esquire Post Office Box 3713 Tennille, Florida 47803 Martha Harrell Chumbler, Esquire Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P. A. Post Office Box 190 Tallahassee, Florida 32302 Gray Crayton, Deputy Director Division of Medicaid Post Office Box 13000 Tallahassee, Florida 32317-3000 Robert Maryanski Office of Medicaid Program Development » 2727 Mahan Drive, Room 2319 Fort Knox Building3, MS 20 Tallahassee, Florida 32308 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing was served on the above-named people by U. S. Mail this wD day of Yn ; ~ 2000. R. S. Power, Agency Clerk State of Florida, Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Fort Knox Building II, MSC 3 Tallahassee, Florida 32308 850/922-5865 power/ 19-May-00 oe pene een oe

Docket for Case No: 00-001293BID
Issue Date Proceedings
May 24, 2000 Final Order filed.
May 05, 2000 Order Closing File sent out. CASE CLOSED.
May 01, 2000 Notice of Voluntary Dismissal (Petitioner) (filed via facsimile).
Apr. 28, 2000 Stipulation for Continuing Commencement of Final Hearing filed.
Apr. 28, 2000 Cross-Notice of Taking Deposition (filed via facsimile).
Apr. 27, 2000 Intervenor`s Notice of Producing Documents filed.
Apr. 27, 2000 (Petitioner) Emergency Motion for Relief From Order Permitting Amendment and Establishing Discovery (filed via facsimile).
Apr. 25, 2000 (K. Cruz-Brown) Notice of Witness Availability for Deposition (filed via facsimile).
Apr. 25, 2000 (K. Cruz-Brown) Notice of Cancellation of Deposition (filed via facsimile).
Apr. 24, 2000 Petitioner`s More Definite Statement filed.
Apr. 24, 2000 Petitioner`s Notice of Producing Additional Documents filed.
Apr. 24, 2000 Notice of Taking Deposition (filed via facsimile).
Apr. 21, 2000 Order Permitting Amendment and Establishing Discovery Schedule sent out. (petitioner shall provide in writing a clear statement of the nature of alleged illegal contract by April 24, 2000)
Apr. 21, 2000 Order Compelling Discovery sent out.
Apr. 20, 2000 Kepro`s Joinder in Opposition to Petitioner`s Motion for Leave to Amend Protest Petition filed.
Apr. 20, 2000 (D. Stinson) Amended Notice for Deposition Duces Tecum of Don Yeager and John Dinardi (filed via facsimile).
Apr. 19, 2000 Notice of Appearance (Martha Jarrell Chumbler, filed via facsimile) filed.
Apr. 19, 2000 (Respondent) Notice of Motion Hearing (4/21/00; 9:30 a.m.) (filed via facsimile).
Apr. 19, 2000 (Respondent) Response and Opposition to Petitioner`s Motion for Leave to Amend Protest Petition (filed via facsimile).
Apr. 19, 2000 (Respondent) Motion to Compel Answer to Interrogatory filed.
Apr. 18, 2000 Health Care Excel, Incorporated`s Responses to the Agency for Health Care Administration`s First Set of Interrogatories (filed via facsimile).
Apr. 18, 2000 (D. Stinson) Notice for Deposition Duces Tecum of Agency Representative (filed via facsimile).
Apr. 18, 2000 Health Care Excel, Incorporated`s First Request for Production to Keystone Peer Review Organization (filed via facsimile).
Apr. 18, 2000 (D. Stinson) Motion for Leave to Amend Protest Petition (filed via facsimile).
Apr. 18, 2000 (D. Stinson) Second Amended Protest Petition (filed via facsimile).
Apr. 18, 2000 (D. Stinson) Notice of Service of Answers to Interrogatories; Health Care Excel, Incorporated`s Responses to the Agency for Health Care Administration`s First Set of Interrogatories (filed via facsimile).
Apr. 18, 2000 Health Care Excel, Incorporated`s Response to the Agency for Health Care Administration`s First Request for Production (filed via facsimile).
Apr. 14, 2000 Order sent out. (KePro`s petition to intervene is granted)
Apr. 14, 2000 (Respondent) Notice of Production of Documents; Notice of Service of Respondent`s Answers to Interrogatories filed.
Apr. 14, 2000 Notice of Hearing sent out. (hearing set for May 1, 2000; 12:00 p.m.; Tallahassee, FL)
Apr. 14, 2000 Order of Pre-Hearing Instructions sent out.
Apr. 14, 2000 (D. Stinson) Objections to Agency for Health Care Administration`s First Request for Production of Documents (filed via facsimile).
Apr. 14, 2000 (D. Stinson) Objections to Agency for Health Care Administration`s First Set of Interrogatories to Petitioner (filed via facsimile).
Apr. 11, 2000 KePro`s Joinder in Discovery Stipulation; KePro`s Petition to Intervene filed.
Apr. 10, 2000 Agency for Healthcare Administration`s First Request for Production filed.
Apr. 10, 2000 Notice of Appearance (Steven A. Grigas) filed.
Apr. 10, 2000 Notice of Service of the Respondent`s First Request for Production and First Set of Interrogatories to the Petitioner filed.
Apr. 10, 2000 Agency for Health Care Administration`s First Set of Interrogatories to Petitioner filed.
Apr. 10, 2000 (S. Grigas, D. Stinson) Scheduling Stipulation filed.
Apr. 06, 2000 Order (for judge signature) filed.
Apr. 06, 2000 Motion for Leave to Amend Protest Petition
Apr. 06, 2000 Petitioner Health Care Excel`s First Set of Requests for the Production of Documents filed.
Apr. 06, 2000 (D. Stinson) Notice of Service of Interrogatories filed.
Apr. 06, 2000 (D. Stinson) Amended Protest Petition
Apr. 03, 2000 KePro`s Petition to Intervene filed.
Mar. 29, 2000 Letter to W. Roberts from L. Weinerman (notice of appearance) filed.
Mar. 29, 2000 Notice of Bid Protest Award (letter) filed.
Mar. 29, 2000 Notice filed.
Source:  Florida - Division of Administrative Hearings

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