Conclusions 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 __ 207 3, 2011, in Tallahassee, Leon County, Florida. eee Dudek, oe Agency for Health Care Administration A PARTY WHOIS 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 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 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 y day of 4 Vou » 2011. Richard Shoop, Agency ¢ Agency for Health Care Administration 2728 Mahan Drive, Bldg. 3, Mail Stop #3 Tallahassee, Florida 32308-5403 (850) 412-3630
Conclusions Upon a complete review of the record in this case, the Board determines that the disposition recommended by the Administrative Law Judge be accepted. WHEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that the Administrative Complaint filed in this cause is hereby DISMISSED. This Final Order shall take effect upon being filed with the Clerk of the Department of Health. Zz 2 DONE AND ORDERED this Z day of , 2001. BOARD OF MEDICINE GASTON ACOSTA-RUA, M.D. CHAIRMAN OTICE OF RI TO JUDI REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF HEALTH AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. TIFICATE ERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to Neal A. Nirenberg, M.D., 9920 N. 117 Place, Scottsdale, Arizona 85259; to Marc P. Ganz, Esquire, McGrane & Nosich, P.A., 2801 Ponce de Leon Boulevard, Twelfth Floor, Coral Gables, Florida 33134; to Claude B. Arrington, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399- , 3060; and by interoffice delivery to Nancy ‘M. Snurkowski, Chief Medical Attorney, and Lisa Pease, Senior Attorney - Appeals, Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, Florida 32308-5403, on or before 5:00 p.m., this SOB say of , 2002. | , | i
