09-004276 Trinidad Rojas, M.D. vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, November 13, 2009.

STATE OF FLORIDA FILED AHCA

DIVISION OF ADMINISTRATIVE HEARINGS ACEICY CLERK

TRINIDAD ROJAS M D 1010 FED 18 P 12 1

Petitioner

vs CASE NO 09 4276MPI

C I NO 08 7796 000

STATE OF FLORIDA PROVIDER NO 066160100

AGENCY FOR HEALTH CARE

ADMINISTRATION

Respondent

FINAL ORDER

THIS CAUSE is before me for issuance of a Final Order on a Final Agency Action Letter

dated June 11 2009 C I 087796000 By the Letter the Agency for Health Care

Administration AHCA or Agency informed the Petitioner Trinidad Rojas M D

hereinafter PROVIDER that the Agency was terminating the PROVIDER from the Medicaid

Program pursuant to Section 409 913 and Rule 070 9 59G for non compliance of payment for an

outstanding debt owed to the Agency for overpayments Final Order Rendered May 12 2003 and

Final Order Rendered June 15 2007 and a fine sanction of 00 5000 The Letter provided full

disclosure and notice to the PROVIDER of procedures for requesting an administrative hearing

to contest the termination

The PROVIDER filed a petition with the Agency requesting a formal administrative

hearing on July 13 2009 This petition was dismissed without prejudice on July 16 2009 On

August 1 2009 PROVIDER filed an amended petition which was forwarded to the Division of

Administrative Hearings DOAH by the Agency on August 12 2009

On November 12 2009 PROVIDER filed a Withdrawal of Motion for Formal Hearing

and Mediation with the Division of Administrative Hearings Based on the Petitioner s

Withdrawal of Motion for Formal Hearing and Mediation the ALJ issued an Order Closing File

cancelled the hearing scheduled for November 17 2009 and relinquished jurisdiction to the

Agency on November 13 2009

FINDINGS OF FACT

The PROVIDER received the June 11 2009 Final Agency Action Letter that gave notice

of PROVIDER S right to an administrative hearing regarding the termination from the Medicaid

Program The PROVIDER filed a petition requesting an administrative hearing and then caused

that petition to be DISMISSED PROVIDER chose not to dispute the facts set forth in the Final

Agency Action Letter dated June 11 2009 The facts alleged in the Letter are hereby deemed

admitted including the termination from the Medicaid Program The Agency hereby adopts the

facts as set forth in the Final Agency Action Letter which terminates the PROVIDER from the

Medicaid program

CONCLUSIONS OF LAW

The Agency incorporates and adopts each and every relevant statement and conclusion of

law set forth in the Final Agency Action Letter dated June 11 2009 The admitted facts support

the legal conclusion that the PROVIDER is terminated from the Medicaid Program

ORDER

Based on the foregoing it is

ORDERED AND ADJUDGED that Petitioner is hereby TERMINATED from the

Medicaid Program

DONE and ORDERED this day of 2010 in Tallahassee

Florida

Thomas A Arnold Secretary

Agency for Health Care Administration

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO

JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL

NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA AND A COPY ALONG

WITH THE FILING FEE 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 THE RENDITION OF THE

ORDER TO BE REVIEWED

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been

furnished by S U or interoffice mail to the persons named below on this 4 day of

2010

RICHARD J SHOOP Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive MS 3

Tallahassee Florida 32308

850 5873 922

COPIES FURNISHED TO

June C McKinney

Administrative Law Judge

Division of Administrative Hearings

The Desoto Building

1230 Apalachee Parkway

Tallahassee Florida 32399 3060

Stuart A Lipson Esq

16900 N E 19th Avenue

North Miami Beach Florida 33162

Karen Dexter Esq

Assistant General Counsel

Ken Yon Medicaid Program Integrity

Horace Dozier Medicaid Program Integrity

Finance Accounting

Department of Health

ME0039631