STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION 7 pe yy) be, a “by, “py WO ie, os en PUBLIX RISK MANAGEMENT, (Aa Petitioner, , ; , DOAH CASE NO. 06-3035. ; AHCA NO. 2006007334. Vr : : , CNO- 5 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / FINAL ORDER THIS. CAUSE concerns a Petition for Administrative Hearing (“Petition”) that the Agency. for Health Care Administration (“Agency”) received pertaining to. agency. action of July 12, 2006. On August 18, 2006, the Agency referred the Petition to the Division of Administrative Hearing where it was assigned to.an Administrative Law Judge (“ALJ”) for further proceedings. On January. 24, 2008, the Agency. filed'a Motion for Official Recognition, Notice of Filing Discovery, Motion to Relinquish Jurisdiction, or Alternative Motion to Compel for Sanctions, arguing that the ALJ should enter an Order Relinquishing Jurisdiction due to. the fact that there were. no. material facts in dispute. On January. 30,. 2008, the Petitioner filed a Notice of Voluntary. Withdrawal of Petition for Administrative Hearing and Motion to. Relinquish Jurisdiction... In the Notice, the Petitioner, in essence, conceded the Agency’s position and agreed that the ALJ should relinquish jurisdiction back to. the Agency. According to. Section 120.57(1)(i), Florida Statutes (2007), “[a]n order relinquishing jurisdiction shall be rendered if the administrative law judge determines from the pleadings, depositions, answers. to. interrogatories, and admissions. on file, together with supporting and opposing affidavits, if any, that no genuine issue as to any. material fact. exists.”.. The Order Relinquishing Jurisdiction “need not contain findings of fact, conclusions of law, or a recommended disposition or penalty.” . §120.57(1)(i), Fla.. Stat... Thus, at that point in time, the for final disposition. Instead, on February 5, 2008, the ALJ entered a Recommended. Order. of Dismissal, which included. an extensive discussion of whether an ALJ must enforce the literal terms of an agency. rule that is in apparent conflict with a statute in the absence of a rule challenge proceeding, or. whether the ALJ must interpret the rule in a manner that conforms. the rule to. the statute... This issue. was not in dispute at the point in time that the Recommended. Order of Dismissal was. entered... On February. 18, 2008, the Agency filed exceptions to the Recommended Order of Dismissal, which basically stated that the Recommended Order of Dismissal should be stricken... It is questionable whether the Agency has substantive jurisdiction over. the conclusions of law. in the Recommended Order of Dismissal’, and could thus grant the Agency’s exceptions. . Nevertheless, the Agency. feels. it is unnecessary to reach that point since it is obvious that, based. on the. provisions of Section 120.57(1)(i), Florida Statutes (2007), as discussed supra, the ALJ exceeded the bounds of his authority by entering such an order, and therefore, the Agency need not adopt, or. even recognize it, since the Division of Administrative Hearings lost jurisdiction over. the case See, e.g., Deep Lagoon Boat Club, Ltd. v. Sheridan, 784 So.2d 1140, 1142 (Fla. 2d DCA 2001) (stating an agency does not have substantive jurisdiction to decide whether the doctrine of collateral estoppel applies to a particular case). at the point of time in which the Petitioner filed its Notice of Voluntary. Dismissal. Based upon the foregoing, IT IS THEREFORE ORDERED AND ADJUDGED THAT: The Agency does not. acknowledge or adopt the Recommended Order. of Dismissal... The Ageney—dees—2 Agency’s July 12, 2006 Determination is hereby upheld... Unless it has already. done so, Petitioner. shall submit the. correct reimbursement amount to. Weston Outpatient Surgical Center. within 30. days. of the date that this final order is rendered, and shall submit proof of reimbursement to: Jeannette Fridrich Iriye, R.N., Agency. for Health Care Administration, Workers’. Compensation Medical Services Unit, 200 East Gaines Street, Tallahassee, Florida 32399-4232... Petitioner shall govern itself accordingly. .... DONE and ORDERED thise-3f day of “LY aecA— _, 2008, in Tallahassee, Florida. HOLLY BENSON, Secretary. AGENCY FORJHEALTH CARE ADMINIS TON NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY. WHO. IS. ADVERSELY. AFFECTED. BY THIS. FINAL. ORDER IS. ENTITLED. TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED. BY. FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY. CLERK OF AHCA, AND. A COPY. ALONG. WITH THE FILING FEE 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 THE RENDITION OF THE ORDER TO. BE REVIEWED. CERTIFICATE OF SERVICE IT HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named below on this Za . day. of Ax 0 , 2008. Agency. for Health Care Administration 2727 Mahan Drive, MS. #3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: Honorable Daniel Manry. Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060. Cindy R. Galen, Esquire Eraclides, Johns, Hall, Gelman, Eikner and Johannessen, LLP 2030. Bee Ridge Road. Sarasota, Florida 34239, Mari H.. McCully, Esquire Department of Financial Services Division of Workers’. Compensation. 200. East Gaines Street Tallahassee, Florida 32399-4229 Weston Outpatient Surgery Center, Ltd. 2229 North Commerce Parkway. Weston, Florida 33326. Jan Mills Facilities Intake Unit Elizabeth Dudek Health Quality Assurance

Docket for Case No: 06-003035