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GEORGINA M. GRANADOS AND T AND T OPTICAL vs AGENCY FOR HEALTH CARE ADMINISTRATION, 03-001190MPI (2003)

Court: Division of Administrative Hearings, Florida Number: 03-001190MPI Visitors: 1
Petitioner: GEORGINA M. GRANADOS AND T AND T OPTICAL
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: ROBERT E. MEALE
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Apr. 01, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 11, 2003.

Latest Update: Jul. 02, 2024
FILED STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ARS 03 GEORGINA M. GRANADOS and T AND T OPTICAL, Petitioner, : ap Avy © vs. CASE NO. 03-1190MPI : AUDIT NO. 00-0893-000/3/BLT STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / FINAL ORDER This cause came before me for issuance of a Final Order. In a Final Agency Audit Report dated January 7, 2003 (audit number C.J. 00-0893-000/3/BLT). Petitioner, Georgina M. Granados and T and T Optical were informed the Agency was seeking to recover Medicaid overpayments of $76,474.71. The letter was sent certified mail, return receipt requested to Georgina M. Granados and T and T Optical (hereinafter “PROVIDERS”), who signied for it. The letter contained full disclosure and notice regarding the PROVIDERS’ administrative hearing and due process rights. The PROVIDERS filed a petition for formal hearing. The PROVIDERS through counsel withdrew the petition. Jurisdiction was relinquished by the Division of Administrative Hearings to the Agency for Health Care Administration. FINDINGS OF FACTS The PROVIDERS received the Final Agency Audit Report and that report disclosed to the providers their administrative and due process rights. The PROVIDERS filed a petition and later through counsel withdrew the petition. Therefore, petitioner has chosen not to dispute the facts set forth in the Final Agency Audit Report dated January 7, 2003. Therefore, those facts are hereby deemed admitted, additionally the total overpayment amount of $76,474.71 is deemed admitted, and these form the factual basis for the existence of an overpayment owed by the PROVIDERS, in the amount of $76,474.71. The facts set forth in the Final Agency Report are hereby adopted. That amount is now due and owing, with interest, since the date of January 7, 2003. CONCLUSIONS OF LAW The Agency incorporates and adopts the statements and conclusions of law as set forth in the letter dated March 28, 2002. The admitted facts and facts support the conclusion that the overpayment is due and owing, under the law generally set forth in the final audit letter. Under Florida Statute 409, interest accrues on this overpayment from January 7, 2003. Based on the foregoing, it is ORDERED AND ADJUDGED that Petitioner refund, forthwith, the sum of $76,474.71, together with statutory interest as set forth in Section 409.913, Florida Statutes, from the date of January 7, 2003. DONE AND ORDERED this 4 day of ( Ducat: , 2003, in Tallahassee, Florida. OF Medo ty} 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. Copies Furnished ‘o: Anthony C. Vitale, Esquire Chris Parella, Esquire Anthony C. Vitale, P.A. 799 Brickell Plaza, Suite 700 Miami, FL 33131 Grant P. Dearborn, Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 (Interoffice) Timothy Byrnes, Chief Medicaid Program Integrity Agency for Health Care Administration 2727 Mahan Drive. MS #5 Tallahassee, Florida 32308 (Interoffice) Willie Bivins Finance & Accounting Medicaid Accounts Receivables Agency for Health Care Administration (Interoffice) R.E. Meale Administrative Law Judge DOAH (Interoffice) Laura Dearborn, Analyst MPI (interoffice) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregaing has been furnished via postage-paid U.S. Mail, Inter-office Mail, E-mail and/or Facsimile Transmission on the __/ 4 day of 4 ¢ t , 2003. (i NATTA 5 Oe £)@Lealand McCharen, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS 3 Tallahassee, Florida 32308 850/922-5873 STATE OF FLORIDA RECEIVED DIVISION OF ADMINISTRATIVE HEAIGENERAL COUNSEL JUL 14 2093 GEORGINA M. GRANADOS AND T AND T OPTICAL, Agency for Health Care Admini j Petitioner, ustrayjon vs. Case No. 03-1190MPE". G AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. ORDER CLOSING FILE This cause having come before the undersigned on the Petitioner's Motion to Withdraw Petition for Formal Hearing, filed July 10, 2003, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for July 14 and 15, 2003, is hereby cancelled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed and jurisdiction is relinquished to the agency.

Docket for Case No: 03-001190MPI
Issue Date Proceedings
Aug. 15, 2003 Final Order filed.
Jul. 11, 2003 Order Closing File. CASE CLOSED.
Jul. 10, 2003 Notice by Respondent to Seek Attorney`s Fees and Investigative Costs (filed via facsimile).
Jul. 10, 2003 Petitioner`s Motion to Withdraw Petition for Formal Hearing (filed via facsimile).
Jul. 10, 2003 Notice of Filing of Petitioner`s Motion to Withdraw Petition for Formal Hearing (filed via facsimile).
Jul. 09, 2003 Objection to Discovery (filed by Respondent via facsimile).
Jul. 09, 2003 Notice of Responding to Discovery (filed by Respondent via facsimile).
Jul. 08, 2003 Respondent`s Amended Response to Petitioner`s Motion for Partial Summary Disposition (filed via facsimile).
Jul. 08, 2003 Petitioner`s Objection to Respondent`s Response to Petitioner`s Motion for Partial Summary Disposition (filed via facsimile).
Jul. 08, 2003 Motion for Official Recognition (filed by Respondent via facsimile).
Jul. 08, 2003 Respondent`s Response to Petitioner`s Motion for Partial Summary Disposition (filed via facsimile).
Jul. 07, 2003 Amended Motion to Compel Discovery, for Sanctions and to Strike Responses (filed by Respondent via facsimile)
Jul. 07, 2003 Respondent`s Response to Petitioner`s Motion to Exclude or for Continuance (filed via facsimile).
Jul. 03, 2003 Petitioner`s Motion to Exclude Statements or in the Alternative to Continue (filed via facsimile).
Jul. 03, 2003 Respondent`s Objection to "Petitioner`s Motion for Partial Summay Disposition" (filed via facsimile).
Jul. 03, 2003 Notice of Intent to Present Testimony (filed by Respondent via facsimile).
Jul. 03, 2003 Petitioner`s Motion for Partial Summary Disposition filed.
Jul. 02, 2003 Notice of Delivery of Trial Documents (filed by Respondent via facsimile).
Jun. 30, 2003 Order Granting Motion to Appear as Qualified Representative. (Christopher A. Parrella, is qualified representative)
Jun. 27, 2003 Notice of Filing Petitioner`s Exhibits (filed via facsimile).
Jun. 19, 2003 Motion to Compel Discovery, for Sancations and to Strike Responses (filed by Respondent via facsimile).
Jun. 16, 2003 Notice of Taking Deposition Duces Tecum, F. Granados, O.D. (filed via facsimile).
Jun. 13, 2003 Motion to Appear as Qualified Representative (filed by C. Parrella via facsimile).
Jun. 09, 2003 Order Granting Motion to Enlarge Number of Interrogatories.
Jun. 09, 2003 Petitioner`s Motion to Enlarge Number of Interrogatories (filed via facsimile).
Jun. 06, 2003 Notice of Service of Second Set of Expert Interrogatories (filed via facsimile).
Jun. 05, 2003 Petitioner`s Second Request for Production to Respondent (filed via facsimile).
May 16, 2003 Petitioner`s Response to Request for Production (filed via facsimile).
May 16, 2003 Petitioner`s Response to Respondent`s Interrogatories (filed via facsimile).
May 15, 2003 Notice of Responding to "Statistical" Interrogatories (filed by Respondent via facsimile).
May 15, 2003 Petitioners Response to Respondent`s Request for Admissions (filed via facsimile).
Apr. 30, 2003 Notice of Service of Second Set of Interrogatories & Second Request for Production (filed by Respondent via facsimile).
Apr. 30, 2003 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for July 14 and 15, 2003; 9:00 a.m.; Tallahassee, FL).
Apr. 29, 2003 Notice of Unavailability (filed by G. Dearborn via facsimile).
Apr. 29, 2003 Respondent`s Motion for Continuance (filed via facsimile).
Apr. 14, 2003 Notice of Hearing issued (hearing set for June 23 and 24, 2003; 9:00 a.m.; Tallahassee, FL).
Apr. 11, 2003 Notice of Filing Interrogatories, Expert Interrogatories, Statistical Interrogatories and Request for Production to Respondent (filed by A. Vitale via facsimile).
Apr. 11, 2003 Amended Notice of Service of Interrogatories, Request for Admissions, & Request for Production of Documents (filed by Respondent via facsimile).
Apr. 09, 2003 Petitioner`s Response to Initial Order (filed via facsimile).
Apr. 09, 2003 Respondent`s Response to Initial Order (filed via facsimile).
Apr. 02, 2003 Notice of Service of Interrogatories, Request for Admissions, & Request for Production of Documents (filed by Respondent via facsimile).
Apr. 02, 2003 Initial Order issued.
Apr. 01, 2003 Final Agency Audit Report filed.
Apr. 01, 2003 Petition for Formal Hearing filed.
Apr. 01, 2003 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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