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AGENCY FOR HEALTH CARE ADMINISTRATION vs HOMESTEAD HOSPITAL, INC., 11-003316MPI (2011)

Court: Division of Administrative Hearings, Florida Number: 11-003316MPI Visitors: 2
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: HOMESTEAD HOSPITAL, INC.
Judges: ROBERT E. MEALE
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Jul. 01, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 26, 2011.

Latest Update: Nov. 17, 2011
11003316AFO



STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


AGENCY FOR HEALTH CARE ADMINISTRATION,


..... z ,l... ·


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20!! NOV IS 1-\ 8: 55



vs.

Petitioner,

DOAH CASE NO. 11-3316MPI JUDGE ROBERT E. MEALE C.I. NO.: 10-1269-300

NPI NO.: 1578547865

HOMESTEAD HOSPITAL, INC.,


Respondent.

                                                              !


FINAL ORDER


THIS CAUSE is before me for issuance of a Final Order. In a letter dated May 18, 2011, C.I. No. 10-1269-300, Homestead Hospital, Inc. ("Respondent 11 ) was informed that the State of Florida, Agency for Health Care Administration ("AHCA11 or "Agency11 ) was seeking to recoup Medicaid overpayments in the amount of Thirty-Seven Thousand, Eight Hundred Sixty-Four Dollars and Forty cents ($37,864.40). The Respondent was further informed in the letter that the Agency assessed One Thousand, Three Hundred Forty-Three Dollars and Sixty-Four cents ($1,343.64) as costs for a total amount due of Thirty-Nine Thousand, Two Hundred Eight Dollars and Four cents ($39,208.04).

Pursuant to §409.913(6), Florida Statutes, the letter was sent Certified Mail, return receipt requested, to Respondent at the address last shown on the provider enrollment file.


Page 1 of 4


Filed November 17, 2011 8:37 AM Division of Administrative Hearings



Respondent signed for the letter on May 24, 2011, and the Agency received the certified mail card on May 31, 2011.

A Petition for Administrative Hearing was received by the Agency on June 13, 2011. On July 1, 2011, the Petition was forwarded to DOAH by the Agency and assigned to an Administrative Law Judge ("Judge").

On August 25, 2011, the Respondent subsequently filed a Notice of Voluntary Dismissal with DOAH. The DOAH Judge entered an Order Closing File dated August 26, 2011, and therein remanded jurisdiction back to AHCA.

ORDER


BASED on the foregoing, it is ORDERED AND ADJUDGED that Respondent, Homestead Hospital, Inc., refund, forthwith, the sum of Thirty-Seven Thousand, Eight Hundred Sixty-Four Dollars and Forty cents ($37,864.40) as a Medicaid overpayment plus costs of One Thousand, Three Hundred Forty-Three Dollars and Sixty-Four cents ($1,343.64) for a grand total of Thirty-Nine Thousand, Two Hundred Eight Dollars and Four cents ($39,208.04) together with statutory interest, as set forth in §409.913(25)(c), Florida Statutes. Respondent shall be entitled to credit for any and all monies withheld and/or prepaid pursuant to §409.913(27), Florida Statutes. Respondent shall make payment in full within

30 days of the rendition of this Final Order.


DONE AND ORDERED this /ZJ,b day of _,_M....:. ::.o.;::..uert=-'--"'[Jt{                     _

2011, in Tallahassee, Leon County, Florida.


Ji1!-

f;£;: /tTARY

AGENCY FOR HEALTH CARE ADMINISTRATION


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.


COPIES FURNISHED TO:


The Honorable Robert E. Meale Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060 (Email)


Homestead Hospital, Inc. c/o Joanne B. Erde, Esquire Duane Morris, LLP

200 S. Biscayne Blvd., Suite 3400 Miami, Florida 33131

(United States Mail)



Debora E. Fridie, Assistant General Counsel Office of the General Counsel

(Email)


Mike Blackburn, Bureau Chief Medicaid Program Integrity (Email)


Johnnie Shepherd, AHCA Administrator Medicaid Program Integrity

(Email)


Finance & Accounting (Email)


Health Quality Assurance (Email)


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the

foregoing has been served upon the above-named addressees by United States Mail or email transmission as indicated on this

day of - /Jfi V----- ------' 2011.


gency Clerk

Agency for Care Administration 2727 Mahan Drive, MS #3

Tallahassee, FL 32308

(850) 412-3630


Docket for Case No: 11-003316MPI
Issue Date Proceedings
Nov. 17, 2011 (Agency) Final Order filed.
Aug. 26, 2011 Order Closing File. CASE CLOSED.
Aug. 25, 2011 Notice of Voluntary Dismissal filed.
Aug. 22, 2011 Re-notice for Deposition Duces Tecum of Agency Representative filed.
Aug. 18, 2011 Order on Petitioner`s Motion for Protective Order as to the Deposition Notice of August 8, 2011.
Aug. 18, 2011 Response to Agency's Objectons to Respondent's Notice of Deposition Duces Tecum and Motion for Protective Order as to the Deposition Notice filed.
Aug. 17, 2011 Petitioner AHCA's Answers and Objections to Respondent Homestead Hospital's First Request for Production of Documents to AHCA filed.
Aug. 17, 2011 Petitioner AHCA's Notice of Services of Answers to Respondent's Interrogatories filed.
Aug. 15, 2011 Order Denying Petitioner's Motion for Enlargment of Time to Respond to Respondent's Discovery Requests
Aug. 12, 2011 Notice of Filing Respondent, Homestead Hospital, Inc.'s Responses to Petitioner, Agency for Health Care Administration's Amended Interrogatories and Expert Interrogatories to Respondent filed.
Aug. 12, 2011 Respondent, Homestead Hospital, Inc.'s Responses to Petitioner, Agency for Health Care Administration's Request for Production of Documents filed.
Aug. 12, 2011 Order Denying Petitioner`s Motion for Enlargement fo Time to Respond to Respondent`s Requests.
Aug. 11, 2011 Respondent's Opposition to Petitioner's Motion for Enlargement of Time to Respond to Respondent's Discovery Requests filed.
Aug. 11, 2011 Agency's Objections to Respondent's Notice of Deposition Duces Tecum and Motion for a Protective Order as to the Deposition Notice filed.
Aug. 11, 2011 AHCA's Motion for Enlargement of Time to Respond to Respondent's Discovery Requests filed.
Aug. 08, 2011 Notice for Deposition Duces Tecum of Agency Representative (AHCA) filed.
Jul. 14, 2011 Order Denying Petitioner's Motion to Continue Video Teleconference.
Jul. 13, 2011 Petitioner Agency's Notice of Service of First Interrogatories and First Expert Interrogatories to Respondent Homestead Hospital, Inc. filed.
Jul. 13, 2011 Petitioner Agency's Request for Production of Documents to Homestead Hospital, Inc. filed.
Jul. 12, 2011 Petitioner's First Request for Production of Documents to the Agency for Health Care Administration filed.
Jul. 12, 2011 Petitioner's First Set of Interrogatories to Respondent, Agency for Health Care Administration filed.
Jul. 12, 2011 Notice of Service of Petitioner's First Set of Interrogatories to Respondent, Agency for Health Care Administration filed.
Jul. 12, 2011 Petitioner's Motion to Continue Video Teleconference filed.
Jul. 08, 2011 Order of Pre-hearing Instructions.
Jul. 08, 2011 Notice of Hearing by Video Teleconference (hearing set for October 17 and 18, 2011; 9:00 a.m.; Miami and Tallahassee, FL).
Jul. 07, 2011 Joint Request to Initial Order Including Joint Request for Formal Hearing to be Set More than 90 Days from Date of Assignment of Judge filed.
Jul. 01, 2011 Initial Order.
Jul. 01, 2011 Notice (of Agency referral) filed.
Jul. 01, 2011 Petition for Formal Administrative Hearing filed.
Jul. 01, 2011 Final Audit Report filed.

Orders for Case No: 11-003316MPI
Issue Date Document Summary
Nov. 15, 2011 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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