The Issue Whether Petitioner's application for reenrollment in the Medicaid program should be granted.
Findings Of Fact Petitioner, Agency for Health Care Administration (AHCA), is the executive agency with the responsibility of administering the Florida Medicaid Program pursuant to Section 409.902, Florida Statutes. Petitioner, Rodolfo Alonso (Alonso), provided optical services to Medicaid recipients on behalf of the Agency pursuant to a Medicaid provider contract and Medicaid provider number 0864550100. AHCA determined that Alonso had a felony criminal record. Alonso pled no contest to a felony charge of practicing optometry without a license. Adjudication was withheld, and Alonso was placed on probation. On March 17, 1997, AHCA sent Alonso a letter stating that AHCA was denying Alonso's request to reenroll in the Florida Medicaid Program because of a criminal record of possession of narcotics. The March 17 letter was amended by a letter dated April 8, 1997, stating that the felony referenced was incorrect and the felony record related to carrying a concealed weapon and practicing optometry without a license. Both the March 17 and the April 8 letters stated: Your Medicaid provider number, 086450100, will be canceled on April 16, 1997, pursuant to the terms of Section 409.907(9)(f) and your Medicaid Provider Agreement.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered granting Petitioner's application for reenrollment in the Medicaid program DONE AND ENTERED this 2nd day of February, 1998, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of February, 1998.
