STATE OF FLORIDA,

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

zom DEC I 3 A 8: I 1

AGENCY FOR HEALTH CARE ADMINISTRATION,

vs.

Petitioner,

CASE NO. 10-3225MPI

File No.: 67901

Provider No.: 252842800 Rendition No. AHCA-10- -S-MDP

MIAMI BEHAVIORAL HEALTH CENTER, INC.,

Respondent.

'I

FINAL ORDER

THIS CAUSE is before me for issuance of a Final Order. In a letter dated May 14, 2010, Miami Behavioral Health Center, Inc. (Respondent) was informed that the State of Florida, Agency for Health Care Administration (Agency) was applying a fine in the amount of $1,000.00 for violation of 7(c) under Rule Section 59G-9.070, F.A.C.

The letter contained full disclosure and notice regarding Respondent's administrative hearing and due process rights. Respondent requested a formal administrative hearing to dispute the facts contained in the letter. The matter was referred to the Division of Administrative Hearings and was assigned case number 10-3225MPI.

The Petitioner, State of Florida, Agency for Health Care Administration filed a Notice Rescinding Final Agency Action dated August 30, 2010, which is incorporated by reference. In the interim, the medical records at issue were provided. The Agency accepted the explanation · that there had been confusion in the original records response. The letter to Respondent that was

1

Filed December 13, 2010 4:01 PM Division of Administrative Hearings

issued by the Agency on May 14, 2010, is hereby rescinded and no other action affecting the Respondent under the above-styled case number is pending.

Based on the foregoing, the request for a hearing is dismissed and the file is CLOSED.

DONE and ORDERED on                         / 0 , 2010, in Tallahassee, Florida.

fQ- ca_Jrii         

ELIZABETH DUDEK, INTE ECRETARY

Agency for Health Care Administration

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 BYLAW, 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 to:

L. William Porter II Assistant General Counsel Agency for Health Care Administration (Laserfiche)

Lester J. Perling, Esquire Broad and Cassel

One Financial Plaza, Suite 2700 Ft. Lauderdale, Florida 33394 (U.S. Mail)

E.T. Bauer Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

Mike Blackburn, Bureau Chief, Medicaid Program Integrity Finance & Accounting

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the above-named addressees by U.S. Mail, Laserfiche or electronic mail on

/5 ,2010.

Richar oop, Esquire Agency Clerk

State of Florida

Agency for Health Care Administration 2727 Mahan Drive, MS #3

Tallahassee, Florida 32308-5403

(850) 412-3642/FAX (850) 921-0158

Docket for Case No: 10-003225MPI

Orders for Case No: 10-003225MPI