STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION 2014 MAY 28 A ti: 23
FORTUNE DENTAL ASSOCIATES, INC.,
vs.
Petitioner,
DOAH CASE NO. 13-3784MPI AUDIT NO. C.I. 13-1804-000
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,
Respondent.
I
FINAL ORDER
Having reviewed the Final Audit Report dated June 5, 2013, attached hereto and incorporated herein (Exhibit 1), and all other matters of record, the Agency for Health Care Administration ("Agency'') finds and concludes as follows:
FINDINGS OF FACT
I. The Agency served a Final Audit Report on the Petitioner, Fortune Dental Associates, Inc. The Final Audit Report alleged that the Petitioner received $3,870.00 in Medicaid overpayments for dates of service during the period of January I, 2008 through December 31, 2011. The Final Audit Report also applied a fine in the amount of $774.00 and assessed costs in the amount of $52.69.
Petitioner filed a petition for an informal hearing (Exhibit 2), admitting the allegations of fact contained in the Final Audit Report, but requesting to be heard at an informal proceeding.
Based on the Petitioner's petition, this matter was referred to an Informal Hearing Officer and an informal hearing was held on September 20, 2013 pursuant to Section 120.57(2), Fla. Stat. During the course of the hearing, the Informal Hearing Officer determined that the
Filed May 30, 2014 11:32 AM Division of Administrative Hearings
Petitioner had raised disputed issues of material fact and this case was referred to the Division of Administrative Hearings so that a formal hearing could be conducted pursuant to Section 120.57(1), Fla. Stat. (Exhibit 3).
On February 26, 2014, the Administrative Law Judge issued an Order Lifting Abeyance and Requiring Status Report (Exhibit 4), which required both parties to confer and advise the Court of the status of the hearing and mutually agreeable dates by March 24, 2014.
On or about March 24, 2014, the Agency filed the Agency's Status Report and Request for Order to Show Cause (Exhibit 5). The motion alleged that the Petitioner was not in compliance with the Court's Order, which required conferral for a joint status report. The motion further alleged that the Petitioner appeared to have abandoned the litigation. Based on the foregoing, the Agency requested that the Administrative Law Judge enter an Order to Show Cause.
On or about April 7, 2014, the Administrative Law Judge granted the Agency's motion and entered an Order to Show Cause (Exhibit 6), requiring the Petitioner to explain why the Petitioner's request for hearing should not be dismissed.
On or about April 30, 2014, the Administrative Law Judge entered an Order Closing File and Relinquishing Jurisdiction (Exhibit 7) based on the Petitioner's failure to provide a response to the Order to Show Cause.
The Petitioner has abandoned its petition for hearing in this cause.
CONCLUSIONS OF LAW
By abandoning its petition for a hearing, Petitioner expressly waived its right to a hearing and consented to the entry of a Final Order adopting the allegations and conclusions set forth in the Final Audit Report.
The Agency incorporates and adopts the allegations as set forth in the Final Audit
Report.
Based on the foregoing findings of fact and conclusions of law, it is ORDERED:
The Agency's Final Audit Report dated June 5, 2013 is upheld.
The Petitioner is required to repay $3,870.00 in Medicaid overpayments, plus interest at a rate of ten (10) percent per annum as required by§ 409.913(25)(c), Fla. Stat., to the Agency for paid claims covering the period of January 1, 2008 through December 31, 2011. A fine of $774.00 is also applied against the Petitioner. Lastly, costs in the amount of $52.59 are hereby assessed against Petitioner pursuant to § 409.913(23)(a), Fla. Stat.
Petitioner shall make full payment of the overpayment, fine and costs to the Agency for Health Care Administration within 30 days of the rendition of this Final Order unless other payment arrangements have been agreed to by the parties. Petitioner shall pay by check payable to the Agency for Health Care Administration and mailed to the Agency for Health Care Administration, Office of Finance and Accounting, 2727 Mahan Drive, Fort Knox Building 2,
Mail Stop 14, Tallahassee, Florida 32308.
DONE and ORDERED this ';)Y"Jay of 2014, m Tallahassee, Florida.
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:
Fortune Dental Associates, Inc.
Attn: Ivan Graham and Mottie Seifan 646 W. Plymouth Ave.
Deland, FL 32720-3200
Agency for Health Care Administration
Douglas J. Lomonico, Assistant General Counsel, MS #3
Agency for Health Care Administration Bureau of Finance and Accounting, MS #14
Agency for Health Care Administration Bureau of Medicaid Program Integrity, MS#6 ATTN: Rick Zenuch, Bureau Chief
Health Quality Assurance
I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order was furnished by United States Mail, interoffice mail, or email transmission to the above-referenced
addressees this /LIo._V , 2014.
/
RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS #3
Tallahassee, Florida 32308
Telephone No.: (850)-412-3630
Fax No.: (850)-921-0158
| Issue Date | Document | Summary |
|---|---|---|
| May 28, 2014 | Agency Final Order |
