09-006042MPI Agency For Health Care Administration vs. Claudia Easter Wsc Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 18, 2009.

STATE OF FLORIDA I AJIXA F

AGENCY FOR HEALTH CARE ADMINISTRATION

A I10 25

STATE OF FLORIDA AGENCY FOR

HEALTH CARE ADMINISTRATION

Petitioner

DOAH Case No 09 6042MPI

VS Provider No 679389496

C I No 10 9856 000

CLAUDIA EASTER WSC

Respondent

FINAL ORDER

THIS CAUSE came before me for issuance of a Final Order on a Final Audit

Report FAR dated October 2 2009 C I No 10 9856 000 By the Final Audit

Report the Agency for Health Care Administration AHCA or Agency informed

the Respondent Claudia Easter WSC hereinafter PROVIDER that the Agency was

seeking to recover a fine sanction of 1 000 00 pursuant to Sections 15 913 409 16

and 17 Florida Statutes and Rule 59G 9 070 Florida Administrative Code and a

Corrective Action Plan in the form of provider education The Final Audit Report

provided full disclosure and notice to the PROVIDER of procedures for requesting an

administrative hearing to contest the sanction

The PROVIDER filed a petition with the Agency requesting a formal

administrative hearing on or about October 23 2009 The Agency forwarded

PROVIDER S hearing request to the Division of Administrative Hearings DOAH for

a formal administrative hearing On November 11 2009 the PROVIDER filed a letter

with the Agency requesting withdrawal of her Petition for Formal Hearing The Agency

Page I of 5

filed a motion with DOAH requesting that jurisdiction be relinquished to AHCA for the

purpose of accepting the withdrawal and issuance of a final order DOAH closed its file

and relinquished jurisdiction to AHCA on November 18 2009

FINDINGS OF FACT

The PROVIDER received the FAR that gave notice of PROVIDER S right to an

administrative hearing regarding the fine The PROVIDER filed a petition requesting an

administrative hearing and then caused that petition to be WITHDRAWN and the

administrative hearing case to be CLOSED PROVIDER chose not to dispute the facts

set forth in the Final Agency Audit Report dated October 2 2009 The facts alleged in

the FAR are hereby deemed admitted The Agency hereby adopts the facts as set forth in

the FAR including the fine amount of 1 000 00 and the requirement to complete a

corrective action plan in the form of provider education which is now due and owing

from PROVIDER to the Agency

CONCLUSIONS OF LAW

The Agency incorporates and adopts each and every relevant statement and

conclusion of law set forth in the Final Agency Audit Report dated October 2 2009 The

admitted facts support the legal conclusion that the fine in the amount of 000 1 00 is

now due and owing from PROVIDER to the Agency and that the provider is required to

complete a provider education course within 30 days of the issuance of this order and

submit proof of compliance with the corrective action plan within 90 days of issuance of

this order

Based on the foregoing it is

Page 2 of 5

ORDERED AND ADJUDGED that PROVIDER remit forthwith the sum of

1 000 00 and that the provider complete a provider education course within 30 days of

the issuance of this order and submit proof of compliance with the corrective action plan

within 90 days of issuance of this order The Provider s request for an administrative

hearing is hereby DISMISSED

AL j

DONE AND ORDERED this day of c u 200 in

Tallahassee Florida

Thomas W Arnold S cretary

Agency for Health Care Administration

Page 3 of 5

A PARTY WHO IS 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

Claudia Easter WSC

11641 Nature Trail

Port Richey Florida 34668

Ken Yon Chief

Agency for Health Care Administration

Medicaid Program Integrity

2727 Mahan Drive Tallahassee Florida

Interoffice

Peter Williams Inspector General

Agency for Health Care Administration

2727 Mahan Drive Tallahassee Florida

Interoffice

Kelly A Bennett

Assistant General Counsel

Agency for Health Care Administration

Interoffice

Finance Accounting

Interoffice

A nc F RrSctlS W1 isa r QS

Page 4 of 5

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 or interoffice mail this y of

o

Z7 r 20W

Richard Shoop Agency Cler

Agency for Health Care Administration

2727 Mahan Drive Mail Stop 3

Tallahassee Florida 32308 5403

850 5873 922

Page 5 of 5