Petitioner: OSPREY POINT NURSING CENTER
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: WILLIAM F. QUATTLEBAUM
Agency: Agency for Health Care Administration
Locations: St. Petersburg, Florida
Filed: Jul. 14, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 26, 2004.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
OSPREY POINT NURSING CENTER,
Petitioner,
DOAH NO. 04-2450MPI
ENGAGEMENT NO. NH03-029C
Vv.
STATE OF FLORIDA, AGENCY FOR
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HEALTH CARE ADMINISTRATION, Bo a
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Respondent. PSu ny |
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FINAL ORDER m Ww
THIS CAUSE came before me for issuance of a Final Order on the Medicaid Audit
Report letter issued on May 18, 2004, regarding Petitioner’s Medicaid cost report for the eighteen
months ending December 31, 2000. By the Medicaid Audit Report letter, the Agency for Health
Care Administration (“AHCA” or “Agency”), informed the Petitioner that the Agency intended
to make certain adjustments to Petitioner’s Medicaid cost report for the eighteen months ending
December 31, 2000. The Medicaid Audit Report letter provided full disclosure and notice to the
Petitioner of procedures for requesting an administrative hearing to contest the proposed
adjustments to its Medicaid cost report.
The Petitioner filed a petition with the Agency requesting a formal administrative
hearing. The Agency transmitted Petitioner’s hearing request to the Division of Administrative
Hearings for conduct of a formal administrative hearing. On July 26, 2004, the Administrative
Law Judge assigned to the case issued an Order Closing File based on representations that the
parties were negotiating a settlement agreement. Jurisdiction of the case was then relinquished
by the Division to the Agency. However, no settlement agreement was ever finalized by the
parties.
On March 3, 2006, the Petitioner notified the Agency that it was no longer disputing the
Medicaid Audit Report letter.
FINDINGS OF FACT
The Petitioner received the determination letter that gave notice of Petitioner’s right to an
administrative hearing regarding the Medicaid Audit Report letter. The Petitioner filed a petition
requesting an administrative hearing, and then caused that petition and the administrative hearing
to be DISMISSED. Petitioner chose not to dispute the facts set forth in the Medicaid Audit
Report letter dated May 18, 2004. The facts alleged in the Medicaid Audit Report letter are
hereby deemed admitted. The Agency hereby adopts the facts set forth in the determination
letter.
CONCLUSIONS OF LAW
The Agency incorporates and adopts each and every relevant statement and conclusion of
law set forth in the Medicaid Audit Report letter dated May 18, 2004. The admitted facts support
the legal conclusion that the proposed adjustments to Petitioner’s Medicaid cost report for the
eighteen months ending December 31, 2000 should be upheld.
Based on the foregoing, it is
ORDERED AND ADJUDGED that the proposed adjustments to Petitioner’s Medicaid
cost report for the eighteen months ending December 31, 2000 are hereby UPHELD. The
Petitioner’s request for an administrative hearing is hereby DISMISSED.
DONE AND ORDERED this age day of August , 2006, in Tallahassee,
Florida.
CHRISTA CALAMAS, Secretary
AGENCY FOR HEALTH CARE ADMINISTRATION
2
NOTICE OF RIGHT TO JUDICIAL REVIEW
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.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served to the
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following named addressees by U.S. Mail this at tay of , 2006,
RICHARD J. SHOOP, Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308-5403
(850) 922-5873
Copies Furnished to:
William F. Quattlebaum
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Wiiliam D. Davis
100 Second Avenue South, Suite 1200
St. Petersburg, Florida 33701
David W. Nam, Esquire
Assistant General Counsel
Agency for Health Care Administration
2727 Mahan Drive, MS #3
Tallahassee, Florida 32308
Lisa Milton
Administrator of Audit Services
Medicaid Program Analysis
State of Florida, Agency for
Health Care Administration
2727 Mahan Drive, MS 21
Tallahassee, Florida 32308
Docket for Case No: 04-002450MPI