STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

2017 MAR 20 P 2: t

MARQUITA WALKER,

vs.

Petitioner,

AHCA CASE NO. 20147996

2016013529

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION

Respondent.

                                                                            I

FINAL ORDER

THIS CAUSE came on for consideration before the Agency for Health Care Administration ("the Agency"), which finds and concludes as follows:

1. The Agency issued the Petitioner a letter denying her application for exemption from disqualification from employment. (Exhibit A)

   
   

2. The Petitioner initially requested a formal administrative hearing, but soon thereafter, withdrew her request for a formal hearing and her application for exemption from disqualification from employment. (Exhibit B)

   
   

3. The denial of the Petitioner's application for exemption from disqualification from employment is UPHELD.

   
   

4. This Final Order is entered without prejudice to Petitioner reapplying for an exemption from disqualification from employment in the future.

ORDERED in Tallahassee, Florida, on this 20ih day of fY}t.trt/J , 2017.

Filed April 4, 2017 10:12 AM Division of Administrative Hearings

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party that is adversely affected by this Final Order is entitled to seek 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 by law, with the District Court of Appeal in the appellate district where the agency maintains its headquarters or where a party resides. Review of 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.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy o.i.,tbis Final Order was served on the below- named persons/entities by the method designated on this ;?tJl of ,/l/<R..Lc ( , 2017.

Richar oop, Agency C erk

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308-5403

Telephone (850) 412-3630

2

November03,2016

MS. MARQUITA WALKER 2797 RIVER TRACE CIR BRADENTON, FL 34208

RICK SCOTT GOVERNOR

JUSTIN M. SENIOR

INTERIM SECRETARY

CERTIFIED MAIL9214 8969 0099 9790 1611431082

Correspondence ID# 000372393

Person ID# 000348303

Case ID# BGS_AHCA_20147996

DENIAL OF REQUEST FOR EXEMPTION FROM DISQUALIFICATION FROM EMPLOYMENT/MEDICAID PROVIDER ENROLLMENT

Your request for an exemption from disqualification from employment and/or from enrollment as a Medicaid provider under Section 435.07, Florida Statutes, is DENIED. In evaluating your application, the Agency for Health Care Administration (Agency) has considered the following factors including but not limited to:

o the circumstances surrounding the criminal incident for which an exemption is sought;

• the time period that has elapsed since the incident;

• the nature of the harm caused to the victim;

o a history of the employee since the incident; and any other evidence or circumstances indicating that the employee will not present a danger if continued employment is allowed; and found that you have not provided clear and convincing evidence of your rehabilitation as required by Florida Law.

EXPLANATION OF RIGHTS

Pursuant to Section 120.569, F.S., you have the right to request an administrative hearing within 21 days of your receipt of this letter. In order to obtain a formal proceeding before the Division of Administrative Hearings under Section 120.57(1), F.S., your request for an administrative hearing must conform to the requirements in Section 28-106.201, Florida Administrative Code, and must state the material facts you dispute.

Pursuant to Florida law, you have the right to re-apply for an exemption at any time. There are no limits as to the number of times you may apply for an exemption.

Sincerely,

EXHIBIT A

z ock----, .._,,A.J,IVO'VI

Unit Manager

2727 Mahan Drive • Mail Stop #40 Tallahassee, FL 32308 AHCA.MyFlorida.com

Facebook .com/AHCAFlorida Youtube.com/AHCAFlorida Twitter.com/AHCA FL SlideShare.net/AHCAFlorida

Miller, Lindsey

From: Sent: To: Subject:

Marquita Walker <kiwalk28@gmail.com> Friday, February 3, 2017 11:07 AM

Miller, Lindsey

RE: SERVICE OF DOAH DOCUMENT 16-007611: MARQUITA WALKER vs AGENCY FOR HEALTH CARE ADMINISTRATION

Just close the case entirely please. I am taking a different route and ifl feel the need to reapply I will do so in the future. Thank you

On Feb 3, 2017 9:22 AM, "Miller, Lindsey" <Lindsey.Miller@ahca.rnyflorida.com> wrote:

Do you want an informal hearing, or to just close your case entirely?

Lindsey Miller - ATTORNEY

Building 1, Room 302 - GENERAL COUNSEL AHCA

2727 Mahan Drive, Mail Stop #7

Tallahassee, Florida 32308

850-412-3941 (Office) - 850-922-9634(Fax)

Lindsey.Miller@ahca.myflorida.com

THIS COMMUNICATION IS PRIVILEGED ATTORNEY WORK PRODUCT, OR SETTLEMENT NEGOTIATION, PROTECTED BY SECTIONS 90.502 OR 90.408, FLORIDA STATUTES, RESPECTIVELY.

Privacy Statement: This e-mail may include confidential and/or proprietary information. and may be used only by the person or entity to which it is addressed. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is prohibited. If you have received this in error, please reply to the sender and delete it immediately.

From: Marquita Walker [mailto:kiwalk28@gmail.com]

Sent: Thursday, February 2, 2017 3:23 PM

To: Miller, Lindsey <Lindsey.Miller@ahca.myflorida.com>

EXHIBIT J3

Subject: Re: SERVICE OF DOAH DOCUMENT 16-007611: MARQUITA WALKER vs AGENCY FOR HEALTH CARE ADMINISTRATION

1

Good afternoon. Are you able to tell me how to cancel the Administrative Hearing. I no longer want to wanting to dispute the findings

On Jan 19, 2017 12:25 PM, "Miller, Lindsey" <Lindsey.Miller@ahca.myflorida.com> wrote: Please find the attached motion filed in the above case today.

Lindsey Miller-ATTORNEY

Building 1, Room 302 - GENERAL COUNSEL AHCA

2727 Mahan Drive, Mail Stop #7

Tallahassee, Florida 32308

850-412-3941 (Office) - 850-922-9634(Fax)

lindsey.Miller@ahca.myflorida.com

THIS COMMUNICATION IS PRIVILEGED ATTORNEY WORK PRODUCT, OR SETTLEMENT NEGOTIATION, PROTECTED BY SECTIONS 90.502 OR 90.408, FLORIDA STATUTES, RESPECTIVELY.

Privacy Statement: This e-mail may include confidential and/or proprietary information, and may be used only by the person or entity to which it is addressed. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is prohibited. If you have received this in error, please reply to the sender and delete it immediately.

2

Docket for Case No: 16-007611

Orders for Case No: 16-007611