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NORTH POINT MULTIPURPOSE SENIOR CENTER, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 03-004518MPI (2003)

Court: Division of Administrative Hearings, Florida Number: 03-004518MPI Visitors: 8
Petitioner: NORTH POINT MULTIPURPOSE SENIOR CENTER, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: STUART M. LERNER
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Dec. 02, 2003
Status: Closed
Recommended Order on Thursday, July 22, 2004.

Latest Update: Feb. 16, 2005
Summary: Whether the Agency for Health Care Administration (AHCA) should take the final agency action it announced, in its July 18, 2001, letter to Petitioner, it intended to take with respect to certain Medicaid claims Petitioner had filed.Claims submitted by Petitioner, enrolled as a Medicaid provider of adult day health care services to Aged/Disabled Adult waiver recipients, were for services that were not reimbursable; Petitioner`s equitable estoppel argument rejected.
03-4518MPI Reopen.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


NORTH POINTE MULTIPURPOSE SENIOR CITIZEN, INC.,


Petitioner,


vs.


AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondent.

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) Case No. 03-4518MPI

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ORDER GRANTING MOTION TO REOPEN


On November 20, 2003, the undersigned issued an Order Closing File in DOAH Case No. 03-2951MPI for failure to timely file a status report, as required by a previously issued order. On December 2, 2003, Petitioner filed a motion to reopen DOAH Case No. 03-2951MPI. Upon consideration, it is hereby ORDERED that DOAH Case No. 03-2951MPI is reopened for further proceedings as DOAH Case No. 03-4518MPI.


DONE AND ORDERED this 5th day of December, 2003, in Tallahassee, Leon County, Florida.


S

STUART M. LERNER

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 5th day of December, 2003.


COPIES FURNISHED:


William Ferguson, Esquire

Law Offices of William Ferguson 2820 Northwest 135th Street

Opa Locka, Florida 33054


L. William Porter, II, Esquire

Agency for Health Care Administration

Fort Knox Executive Center III, Suite 3431 2727 Mahan Drive

Tallahassee, Florida 32308-5403


2


Docket for Case No: 03-004518MPI
Issue Date Proceedings
Feb. 16, 2005 Agency Final Order filed.
Jul. 22, 2004 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jul. 22, 2004 Recommended Order (hearing held May 3, 2004). CASE CLOSED.
Jul. 02, 2004 Proposed Recommended Order Findings of Fact and Conclusions of Law filed on Behalf of North Pointe Multipurpose Senior Center, Inc. (filed by W. Ferguson via facsimile).
Jun. 29, 2004 Order Granting Motion to Strike.
Jun. 18, 2004 Motion to Strike (filed by L. Porter II, Esquire via facsimile).
Jun. 15, 2004 Notice of Ex-Parte Communication.
Jun. 14, 2004 Letter to Judge Lerner from W. Silverman regarding Florida Medicaid program filed.
Jun. 04, 2004 Transcript filed.
May 06, 2004 Letter to Judge Lerner from S. Cyrus regarding enclosed hearing exhibits filed.
May 03, 2004 CASE STATUS: Hearing Held.
Mar. 16, 2004 Notice of Hearing (hearing set for May 3 and 4, 2004; 9:00 a.m.; Tallahassee, FL).
Mar. 12, 2004 Joint Status Report (filed by Respondent via facsimile).
Mar. 01, 2004 Notice of Filing Transcript filed by Respondent.
Mar. 01, 2004 Deposition (of Linda Levin ) filed.
Mar. 01, 2004 Deposition (of Lynn Pollack) filed.
Mar. 01, 2004 Notice of Filing Transcript filed by Respondent.
Mar. 01, 2004 Order Granting Continuance (parties to advise status by March 11, 2004).
Mar. 01, 2004 Motion for Continuance (filed by Petitioner via facsimile).
Feb. 19, 2004 Amended Notice of Deposition in Lieu of Trial (L. Levin) filed via facsimile.
Feb. 17, 2004 Unilateral Pre-hearing Stipulation filed by Respondent.
Feb. 17, 2004 Respondent`s Witness and Exhibit List (filed via facsimile).
Feb. 11, 2004 Deposition (of John Stokesberry) filed.
Feb. 11, 2004 Notice of Filing Transcript filed by Respondent.
Feb. 06, 2004 Deposition (of Ileana Ferrera) filed.
Feb. 06, 2004 Notice of Filing Transcript filed by Respondent.
Jan. 22, 2004 Notice of Deposition in Lieu of Trial (L. Levin) filed via facsimile.
Jan. 22, 2004 Notice of Deposition in Lieu of Trial (L. Pollock) filed via facsimile.
Jan. 22, 2004 Notice of Withdrawing Respondent`s Motion to Allow Teleconference Testimony of Remote Witnesses (filed by Respondent via facsimile).
Jan. 21, 2004 Objection to Unopposed Motion to Allow Teleconference Testimony of Remote Witness (filed by Petitioner via facsimile).
Jan. 20, 2004 Respondent`s Motion to Allow Teleconference Testimony of Remote Witnesses (filed via facsimile).
Dec. 05, 2003 Order Granting Motion to Reopen.
Dec. 05, 2003 Order of Pre-hearing Instructions.
Dec. 05, 2003 Notice of Hearing (hearing set for March 2 through 5 and 10 through 12, 2004; 9:00 a.m.; Tallahassee, FL).
Dec. 02, 2003 Motion Request to Reopen (filed by Petitioner via facsimile).
Sep. 12, 2001 Notice (of Agency referral) filed.
Sep. 12, 2001 North Pointe Multipurpose Senior Center, Inc.`s Request and Petition for a Formal Evidentiary Hearing Related to the Decision of the Agency for Health Care Administrative Upon Notice to the said Agency by the Department of Elder Affairs to Claims an Overpayment of Benefits Pursuant to the Notification to North Pointe Dated July 18, 2001 and to Deny Payment for all Claims Filed Between June 1997 and February 2001 filed.
Sep. 12, 2001 Final Agency Audit Report filed.

Orders for Case No: 03-004518MPI
Issue Date Document Summary
Feb. 08, 2005 Agency Final Order
Jul. 22, 2004 Recommended Order Claims submitted by Petitioner, enrolled as a Medicaid provider of adult day health care services to Aged/Disabled Adult waiver recipients, were for services that were not reimbursable; Petitioner`s equitable estoppel argument rejected.
Dec. 05, 2003 Other
Dec. 01, 2003 Other
Source:  Florida - Division of Administrative Hearings

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