Conclusions Having reviewed the Administrative Complaint, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows: 1. The Agency issued the attached Administrative Complaint and Election of Rights form to the Respondent. (Ex. 1) The Election of Rights form advised of the right to an administrative hearing. 2. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED: 3. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement. 4. The Respondent shall pay the Agency $750.00 in administrative fines within 6 months of the entry of the Final Order. Overdue amounts are subject to statutory interest and may be referred to collections. A check made payable to the “Agency for Health Care Administration” and containing the AHCA ten-digit case number should be sent to: Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration 2727 Mahan Drive, MS 14 Tallahassee, Florida 32308 ‘according to the website of the Florida Division of Corporations, the entity was administratively revoked due to its failure to file an annual report. Under Florida law, a dissolved corporation continues its corporate existence but may not carry on any business except that appropriate to wind up and liquidate its business and affairs, including: (a) Collecting its assets; (b) Disposing of its properties that will not be distributed in kind to its shareholders; (c) Discharging or making provision for discharging its liabilities; (d) Distributing its remaining property among its shareholders according to their interests; and (e) Doing every other act necessary to wind up and liquidate its business and affairs. § 607.1405(1), Fla. Stat. (2011). 1 Filed June 5, 2012 3:33 PM Division of Administrative Hearings 5 tay ot Le ORDERED at Tallahassee, Florida, on this -? day of hee. - 2012. De dee Af Eliza¥gth Dudék, Tetary Agen¢y for Heat e Administration
Other Judicial Opinions os A party who is adversely affected by this Final Order is entitled to 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 CERTIFY that a true and correct py of this Final Order was served on the below-named persons by the method designated on this f ( Ven z , 2012. Richard Shoop, Agency Clerk ~ Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone: (850) 412-3630 Jan Mills Finance & Accounting Facilities Intake Unit Revenue Management Unit (Electronic Mail) (Electronic Mail) Teresita A. Vivo, Senior Attorney Office of the General Counsel | Krystal Brown, Administrator Home Sweet Home Agency for Health Care Administration 900 Sherwood Drive (Electronic Mail) Deland, Florida 32720 (U.S. Mail) E. Gary Early Administrative Law Judge Division of Administrative Hearings (Electronic Mail)
Findings Of Fact The Hospital Cost Containment Board has adopted a policy known as the "outlier" policy. Generally speaking, the policy is a credit available to a hospital as a result of the hospital's having experienced a higher level of outlier experience compared to total admissions in one period as compared to another period. The policy has an exception in which a hospital can receive credit in an amendment for a change in outlier experience in a previous year if it files an amendment to its budget within the first ninety days of its current fiscal year. For such amendments, the comparison is between changes in outlier experience which have occurred between two specific timeframes. The first is the change between outlier experience during all the fiscal year two years prior to the current year and the first half of the year prior to the current year. The second is the change between outlier experience in all the fiscal year two years prior to the current year and all of the year prior to the current year. If the second change is greater than the first change, the difference is the outlier credit that is allowed. For an amendment filed after the first ninety days of a hospital's current fiscal year, no credit is allowed for changes in outlier experience from the prior year because in such cases the comparison is between outlier experience which has actually occurred in the current year-to- date compared to the hospital's prior year actual outlier experience. The "outlier" policy described above has been adopted by the Hospital Cost Containment Board as a policy that it generally applies to all hospitals subject to its regulation. The "outlier" policy described above has not been promulgated as a rule in accordance with the procedures established by Section 120.54, Fla. Stat. (1987).
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 Having reviewed the Administrative Complaint, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows: 1. The Agency has jurisdiction over the above-named Respondent pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions. 2. The Agency issued the attached Administrative Complaint and Election of Rights form to the Respondent. (Ex. 1) Respondent requested a formal administrative hearing by a Petition, however, Respondent failed to file any response to the Administrative Law Judge’s Order to Show Cause, which resulted in the Judge’s Order Relinquishing Jurisdiction and Closing File. (Ex. 2) This Order found that Respondent’s failure to file any response to the Court’s Order to Show Cause resulted in a finding that Respondent’s request for formal administrative hearing was deemed withdrawn and there were no remaining material disputed facts to resolve. Based upon the foregoing, it is ORDERED: 1. The findings of fact and conclusions of law set forth in the Administrative Complaint are adopted and incorporated by reference into this Final Order. 2. The Respondent shall pay the Agency $1,000. If full payment has been made, the cancelled check acts as receipt of payment and no further payment is required. If full payment has not been made, payment is due within 30 days of the Final Order. Overdue amounts are subject to statutory interest and may be referred to collections. A check made payable to the “Agency for Health Care Administration” and containing the AHCA ten-digit case number should be sent to: Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 14 Tallahassee, Florida 32308 1 Filed December 17, 2013 10:37 AM Division of Administrative Hearings ORDERED at Tallahassee, Florida, on this_'3 day of Deeerber 2013. poms Elizayeth Dudgk,\Secretary Ageficy for Heafth Care Administration
Other Judicial Opinions A party who is adversely affected by this Final Order is entitled to 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 CERTIFY that a true and correct_c of this Final Qrder was served on the below-named persons by the method designated on this 3 otay of , 2013. CY i Richard Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308-5403 Telephone: (850) 412-3630 Jan Mills Finance & Accounting Facilities Intake Unit Revenue Management Unit (Electronic Mail) (Electronic Mail) 4 Deborah E. Leoci, Senior Attorney Tamas Kovacs, Administrator Office of the General Counsel SWOF, LLC, d/b/a Gulf Winds Agency for Health Care Administration 2745 East Venice Avenue (Electronic Mail) Venice, Florida 34292 (U.S. Mail) Elizabeth W. McArthur, Administrative Law Judge Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399 (Electronic Mail)
Conclusions Having reviewed the Administrative Complaint, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows: 1. The Agency has jurisdiction over the above-named Respondent pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions. 2. The Agency issued the attached Administrative Complaint with an Election of Rights form to the Respondent. (Ex. 1) The Election of Rights form advised of the right to an administrative hearing. 3. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED: 1. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement. 2. The Respondent shall pay the Agency $1,000.00 in administrative fines. If full payment has been made, the cancelled check acts as receipt of payment and no further payment is required. If full payment has not been made, payment is due within 30 days of the Final Order. Overdue amounts are subject to statutory interest and may be referred to collections. A check made payable to the “Agency for Health Care Administration” and containing the AHCA ten-digit case number should be sent to: Office of Finance and Accounting Revenue Management Unit Agency for Health Care Administration 2727 Mahan Drive, MS 14 Tallahassee, Florida 32308 Filed July 29, 2013 2:55 PM Division of Administrative Hearings ORDERED at Tallahassee, Florida, on this Qa day of a, , 2013. Elizab udek, tary Agency for Health Care Administration
Other Judicial Opinions A party who is adversely affected by this Final Order is entitled to 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 CERTIFY that a true and correc of this Final Order was served on the below-named persons by the method designated on this Say Richard Shoop, Ager Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3 Tallahassee, Florida 32308-5403 Telephone: (850) 412-3630 Jan Mills Finance & Accounting Facilities Intake Unit Revenue Management Unit (Electronic Mail) (Electronic Mail) Thomas J. Walsh II Bruce D. Lamb, Esq. Office of the General Counsel Gunster, Yoakley, et al Agency for Health Care Administration 401 Jackson Street, Suite 2400 (Electronic Mail) Tampa, Florida 33602 (U.S. Mail) Lynne A. Quimby-Pennock Administrative Law Judge Division of Administrative Hearings (Electronic Mail)
