Petitioner: H. J. DENTAL, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: MICHAEL M. PARRISH
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Oct. 28, 2003
Status: Closed
Recommended Order on Thursday, July 1, 2004.
Latest Update: Nov. 05, 2004
Summary: The issue in this case concerns whether the Petitioner, H. J. Dental, Inc. (“Petitioner” or "HJD"), is obligated to repay $313,415.44 to the Respondent, Agency for Health Care Administration ("Respondent" or "AHCA") for Medicaid payments that were claimed by and were paid to the Petitioner for services which the AHCA asserts in its audit report were not eligible for payment under the terms of the Medicaid program.The evidence was sufficient to show that the Petitioner was overpaid $313,415.44. T
Summary: The issue in this case concerns whether the Petitioner, H. J. Dental, Inc. (“Petitioner” or "HJD"), is obligated to repay $313,415.44 to the Respondent, Agency for Health Care Administration ("Respondent" or "AHCA") for Medicaid payments that were claimed by and were paid to the Petitioner for services which the AHCA asserts in its audit report were not eligible for payment under the terms of the Medicaid program.The evidence was sufficient to show that the Petitioner was overpaid $313,415.44. The Petitioner must repay the entire overpayment.
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03-4717Reopen.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
J. DENTAL, INC., Petitioner,
vs.
AGENCY FOR HEALTH CARE ADMINISTRATION,
Respondent.
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ORDER REOPENING FILE
The Agency for Health Care Administration (AHCA) has filed a Motion to Re-Open and Place on Hearing Calendar. AHCA had earlier been of the view that it could resolve this case by means of informal proceedings, but now believes that an evidentiary hearing is necessary. Although the need for an evidentiary hearing in the circumstances presented by this case is not entirely free from doubt, a viable alternative procedure does not come readily to mind.
One troublesome concern about scheduling the evidentiary hearing sought by AHCA is the matter of how to provide adequate notice of the hearing to the Petitioner, H. J. Dental, Inc.
Neither the undersigned nor AHCA appear to have a current address for the Petitioner or for any of its shareholders, principals, officers, directors, agents, representatives, or lawyers. Prior to scheduling the evidentiary hearing, diligent inquiry should be made to attempt to locate the name and address of someone authorized to act on behalf of the Petitioner and/or someone, whether authorized or not, who could reasonably be expected to communicate notice of the hearing to someone authorized to act for the Petitioner.
Consistent with the foregoing, it is ORDERED:
That DOAH Case No. 03-3239MPI is hereby reopened as DOAH Case No. 03-4717MPI and will be scheduled for an evidentiary hearing at the earliest practicable date.
That AHCA shall promptly conduct a diligent inquiry to locate a person or persons authorized to act on behalf of the Petitioner. By no later than 20 days from the date of this order, AHCA shall file a written statement with the undersigned summarizing the steps taken during the course of the diligent inquiry described above and providing the name and address of any and all persons located by AHCA that are, or may be, persons authorized to receive notices for the Petitioner.
That by no later than 20 days from the date of this order, AHCA shall also advise the undersigned in writing as to the date(s) and location(s) it prefers for an evidentiary hearing in this case.1
DONE AND ORDERED this 16th day of December, 2003, in Tallahassee, Leon County, Florida.
S
MICHAEL M. PARRISH
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 16th day of December, 2003.
ENDNOTE
1/ A copy of this order is being mailed to the last known address of the Petitioner. Although it seems unlikely that the copy addressed to the Petitioner will be received, if it should happen that the Petitioner does receive a copy of this order, the Petitioner is hereby notified that it may, within 20 days from the date of this order, file a written statement setting forth its views on any of the matters mentioned above.
COPIES FURNISHED:
H. J. Dental, Inc.
1149 Southwest 27th Avenue Miami, Florida 33135
L. William Porter, II, Esquire
Agency for Health Care Administration
Fort Knox Executive Center III, Suite 3431 2727 Mahan Drive
Tallahassee, Florida 32308-5403
Docket for Case No: 03-004717MPI
| Issue Date |
Proceedings |
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Nov. 05, 2004 |
Final Order filed.
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Jul. 01, 2004 |
Recommended Order (hearing held April 30, 2004). CASE CLOSED.
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Jul. 01, 2004 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Jun. 25, 2004 |
Respondent`s Proposed Recommended Order and Incorporated Closing Argument (filed via facsimile).
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Jun. 08, 2004 |
Transcript filed. |
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Apr. 30, 2004 |
CASE STATUS: Hearing Held. |
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Mar. 04, 2004 |
Notice of Hearing by Video Teleconference (video hearing set for April 30, 2004; 1:00 p.m.; Miami and Tallahassee, FL).
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Feb. 17, 2004 |
Notice of Compliance with Courts Request (filed by Respondent via facsimile).
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Dec. 16, 2003 |
Order Reopening File.
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Oct. 28, 2003 |
Motion to Reopen and Place on Hearing Calendar (filed via facsimilse).
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Feb. 22, 2001 |
Final Agency Audit Report filed.
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Feb. 22, 2001 |
Petition for Formal Administrative Hearing filed.
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Feb. 22, 2001 |
Notice (of Agency referral) filed.
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Orders for Case No: 03-004717MPI
