1 Seen ee . FILED STATE OF FLORIDA 0 ber 20 0 AGENCY FOR HEALTH CARE ADMINISTRATION: ”. 0 + Rees pAHCA DEPARTMENT CLERK XPRESS LAB, INC., Be Petitioner, CASE NO.: 00-2460 > PROVIDER NO.: 030628200 Ge v. RENDITION NO.: AHCA-00- 283-FOR\MBT STATE OF FLORIDA, AGENCY FOR 2 HEALTH CARE ADMINISTRATION, ry Respondent. / FINAL ORDER This cause was referred to the Division of Administrative Hearings for a formal administrative hearing. The assigned Administrative Law Judge (“ALJ”) has submitted a Recommended Order of Dismissal (Recommended Order”) to the Agency for Health Care Administration (“Agency”). The Petitioner filed an exception to the Recommended Order. The Recommended Order dated October 19, 2000 is incorporated by reference. The Agency hereby adopts the findings and conclusions set forth in the Recommended Order. The Petitioner’s exception is denied because the Agency lacks jurisdiction to adjudicate the only issue raised by the Petitioner, whether the Agency properly exercised the “termination with notice” clause of the contract between the Petitioner and the Agency. See e. g. Huff v. Agency for Health Care Administration, 22 F.A.L.R. 669 (AHCA 1999), aff'd without opinion, (Fla. 2"4 DCA, DCA No. 2D99-3871, September 29, 2000). r Based on the foregoing, the petition for an adjudicatory proceeding is dismissed with prejudice and this proceeding is CLOSED. DONE and ORDERED this 72 day of 2000, in Tallahassee, Florida. STATE OF FLOR HEALTH GA RU#EN(J. KINGAHAW, JR., SECRETARY 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: Errol H. Powell Administrative Law Judge DOAH, The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Moses Williams, Esquire Senior Attorney, Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Fort Knox Building III Tallahassee, Florida 32308 Benjamin R. Metsch, Esquire Metsch & Metsch, P. A. 1455 NW 14* Street Miami, Florida 33125 Sally Morton, Chief Office of Medicaid Contract Management 2308 Killearn Center Boulevard, Suite 200 Tallahassee, Florida 32308 John A. Owens, Chief Medicaid Program Integrity Health Care Administration 2002 Old St. Augustine Road Building B, Suite 12 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 eed day of ; 2000. R. S. Power, Agency Clerk State of Florida, Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Fort Knox Building ITI, MS 3 Tallahassee, Florida 32308 850/922-5865 powex/27-Nov-00 -3-

Docket for Case No: 00-002460