,,

STATI' , r-rr·-' l,,.ldl

AGENCY FOR HEALT CAiE r: . · NISTRATION

2011 MAY - S A 11: 2Lt

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner,

2011 MAY - Lr A 7: 3q

vs.

POLINA R. NOSEL, M.D.,

DOAH CASE NO.: 10-10483MPI

Provider No.: 256293600

C.I. No.: 11-1623-000

Respondent.

'I

FINAL ORDER

THIS CAUSE is before me for issuance of a Final Order. In a letter dated November 2, 2010, Polina R. Nosel, M.D., (Respondent) was informed that the State of Florida, Agency for Health Care Administration (Agency) was applying a sanction in the amount of $8,000.00 for violation of 7(e) 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 10-10483MPI. In the interim, the sanction amount had been deducted from payments for Medicaid services owed to the Respondent.

The Respondent, Polina R. Nosel, M.D., filed a notice, by letter from her attorney dated March 7, 2011, withdrawing her request for a hearing which is incorporated by reference. Based upon the letter, the Petitioner, Agency for Health Care Administration, filed a Joint Motion to Relinquish Jurisdiction which is also attached hereto and incorporated by reference. An Order

Closing File was signed by The Honorable Patricia M. Hart, Administrative Law Judge, on March 8, 2011, said Order being attached hereto and incorporated by reference.

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

DONE AND ORDERED on                Y,, 2011, in Tallahassee, Leon County, Florida.

,1.,-,,, Eli.a ary

'l,r 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:

Gary Khutorsky, Esquire Litchfield Cavo, Attorneys

600 Corporate Drive, Suite 600 Fort Lauderdale, Florida 33334

Jeffries H. Duvall, Assistant General Counsel Agency for Health Care Administration

Finance & Accounting (Interoffice)

Mike Blackburn, Bureau Chief, MPI (Interoffice)

Inspector General (Interoffice)

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served to the above named addresses by U.S. Mail and interoffice mail this fZS::day of

7

_/16---------''--0-_'-·-+ - - - ' 2011.

  Richard Shoo.;  ;,:k  

Agency for Health Care Administration 2728 Mahan Drive, Bldg. 3, Mail Stop #3

Tallahassee, Florida 32308-5403

(850) 412-3630

Docket for Case No: 10-010483MPI

Orders for Case No: 10-010483MPI