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.
|