Conclusions Having reviewed the Notice of Intent to Deny Renewal Application for Health Care Clinic 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 Petitioner pursuant to Chapters 400, Part X, and 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions. 2. The Agency issued the Petitioner a Notice of Intent to Deny Renewal Application for Health Care Clinic (Ex. 1). The parties have entered into the attached Settlement Agreement (Ex. 2). The Settlement Agreement is approved and adopted as part of this Final Order. Based upon the foregoing, it is ORDERED: 1. The Agency’s Notice of Intent to Deny is withdrawn 2. The parties shall comply with the terms of the Settlement Agreement. If the Agency has not already completed its review of the application, it shall resume its review of the application. 3. The Petitioner shall pay the Agency $1,500.00 within 30 days of the date of this Order. Unpaid amounts are subject to statutory interest and may be referred to collections. 4. Checks should be made payable to the “Agency for Health Care Administration.” The check and a reference to the ten-digit AHCA number should be sent to: Agency for Health Care Administration Office of Finance and Accounting Revenue Management Unit 2727 Mahan Drive, MS #14 Tallahassee, Florida 32308 1 Filed June 4, 2013 3:37 PM Division of Administrative Hearings 5. Any requests for an administrative hearing are withdrawn. The parties shall bear their own costs and attorney’s fees. This matter is closed. — DONE and ORDERED in Tallahassee, Florida, on this 3 day of duve_ , 2013. “yh A Elizal eh h Dai sean 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 whe eens Final Order was served on the below-named persons by the method designated on this. iy of oop, A Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308-5403 Telephone: (850) 412-3630 Jan Mills Thomas Jones, Unit Manager Facilities Intake Unit Licensure Unit Agency for Health Care Administration Agency for Health Care Administration (Electronic Mail) (Electronic Mail) Warren J. Bird, Assistant General Counsel Office of Finance and Accounting Office of the General Counsel Revenue Management Unit Agency for Health Care Administration Agency for Health Care Administration (Electronic Mail) (nteroffice Mail) Edelio Mirabolo, Owner Cardiovascular Diagnostic Image, Inc. c.o Rafael Garitin, Esquire Miami, Florida 33173 (U.S. Mail)
Findings Of Fact 1. 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 1, 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. 2. 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. 3. 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). 4. 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. 5. 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. 6. 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. 7. 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. 8. The Petitioner has abandoned its petition for hearing in this cause.
Conclusions 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:
