15-004728MPI Agency For Health Care Administration vs. Richard W. Blake, Dds
 Status: Closed
Recommended Order on Thursday, March 10, 2016.


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Summary: Agency proved by clear and convincing evidence that an administrative fine should be imposed on Respondent based on overpayment of certain Medicaid claims.

1STATE OF FLORIDA

4AGENCY FOR HEALTH CARE ADMINISTRATION

9STATE OF FLORIDA, AGENCY FOR

14HEALTH CARE ADMINISTRATION,

17DOAH CASE NO. 15- 4728MPI

22Petitioner, C. I. NO. 15- 000 0305-

29V. RENDITION NO.: AHCA- FOI- MDO

35623-)

36RICHARD W. BLAKE, DDS,

40Respondent.

41FINAL ORDER

43This case was referred to the Division of Administrative Hearings ( DOAH) where the

57assigned Administrative Law Judge ( ALJ), J. Bruce Culpepper, issued a Recommended Order

70after conducting a formal hearing. At issue in this proceeding is the amount of monetary

85sanctions that the Agency for Health Care Administration (" Agency") may impose on

99Respondent pursuant to section 409. 913, Florida Statutes, and rule 59G- 070( e), 9. 7)( Florida

115Administrative Code, based on the overpayment of Medicaid reimbursements made to

126Respondent. The Recommended Order dated March 10, 2016, is attached to this Final Order and

141incorporated herein by reference.

145RULING ON EXCEPTIONS

148Neither party filed any exceptions to the Recommended Order.

157FINDINGS OF FACT

160The Agency adopts the findings of fact set forth in the Recommended Order.

173CONCLUSIONS OF LAW

176The Agency adopts the conclusions of law set forth in the Recommended Order.

189IT IS THEREFORE ADJUDGED THAT:

194The Agency hereby imposes a $34,192.30 fine on Respondent. Respondent shall make

207full payment of the fine to the Agency for Health Care Administration within 30 days of the

224rendition date of this Final Order unless other payment arrangements have been agreed to by the

240parties. Respondent shall pay by check payable to the Agency for Health Care Administration

254and mailed to the Agency for Health Care Administration, Office of Finance and Accounting,

2682727 Mahan Drive, Mail Stop 14, Tallahassee, Florida 32308.

277DONE and ORDERED this f day , 2016, in Tallahassee,

286Florida.

287DUDEK, SEC ARY

290R HEALTH CARE ADMINISTRATION

294NOTICE OF RIGHT TO JUDICIAL REVIEW

300A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO

313JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL

323NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY ALONG

336WITH THE FILING FEE PRESCRIBED BY LAW WITH THE DISTRICT COURT OF

348APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS

358HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL

367BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE

377NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE RENDITION OF THE

391ORDER TO BE REVIEWED.

395CERTIFICATE OF SERVICE

398I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has

413been furnished to the persons named below by the method designated on this Y-r;;;of

428#-,2016.

430RICHARD J. SHOOP, Agen

434Agency for Health Care Administration

4392727 Mahan Drive, MS #3

444Tallahassee, Florida 32308

447(850) 412-3630

449COPIES FURNISHED TO:

452Honorable J. Bruce Culpepper

456Administrative Law Judge

459Division of Administrative Hearings

463The DeSoto Building

4661230 Apalachee Parkway

469Tallahassee, Florida 32399-3060

472(via electronic filing)

475Ephraim D. Livingston, Esquire

479James Ross, Esquire

482Assistant General Counsels

485(via electronic mail to Ephraim.Livingston@ahca.myflorida.com and

491James.Ross@ahca.myflorida.com)

492Frank P. Rainer, Esquire

496John F. Loar, Esquire

500Broad and Cassel

503215 South Momoe Street, Suite 400

509Tallahassee, Florida 32301-1804

512(via electronic mail to frainer@broadandcassel.com and

518jloar@broadandcassel.com)

519Medicaid Program Integrity

522Office of the Inspector General

527(via electronic mail)

530Medicaid Accounts Receivable

533Office of Finance & Accounting

538(via electronic mail)

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PDF
Date
Proceedings
PDF:
Date: 01/17/2017
Proceedings: Agency Final Order filed.
PDF:
Date: 04/04/2016
Proceedings: Agency Final Order
PDF:
Date: 03/10/2016
Proceedings: Recommended Order
PDF:
Date: 03/10/2016
Proceedings: Recommended Order (hearing held January 14, 2016). CASE CLOSED.
PDF:
Date: 03/10/2016
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 02/15/2016
Proceedings: Respondent's Proposed Recommended Order filed.
PDF:
Date: 02/15/2016
Proceedings: Agency's Proposed Recommended Order and Incorporated Closing Argument filed.
Date: 02/05/2016
Proceedings: Transcript of Proceedings (not available for viewing) filed.
Date: 01/14/2016
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 01/13/2016
Proceedings: Joint Prehearing Stipulation filed.
PDF:
Date: 01/11/2016
Proceedings: Notice of Filing Petitioner's Proposed Exhibits (two-volume notebooks; exhibits not available for viewing).
PDF:
Date: 01/11/2016
Proceedings: Respondent's Unilateral Pre-hearing Stipulation filed.
PDF:
Date: 01/11/2016
Proceedings: Order Granting Extension of Time.
PDF:
Date: 01/07/2016
Proceedings: Unilateral Prehearing Statement filed.
PDF:
Date: 01/07/2016
Proceedings: Motion for Extension of Time filed.
PDF:
Date: 12/22/2015
Proceedings: Order Granting Motion to Restrict the Use and Disclosure of Information Concerning Medicaid Applicants and Beneficiaries.
PDF:
Date: 12/14/2015
Proceedings: Motion to Restrict the Use and Disclosure of Information Concerning Medicaid Applicants and Benefeciaries filed.
PDF:
Date: 10/20/2015
Proceedings: Notice of Appearance (John Loar) filed.
PDF:
Date: 10/20/2015
Proceedings: Notice of Service of Respondent's Answers and Objections to Petitioner's First Interrogatories and Expert Interrogatories filed.
PDF:
Date: 10/19/2015
Proceedings: Respondents' Answers and Objections to Petitioner's First Request for Production filed.
PDF:
Date: 09/22/2015
Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 14 and 15, 2016; 9:30 a.m.; West Palm Beach, FL).
PDF:
Date: 09/17/2015
Proceedings: Respondent's Response to Petitioner's Motion to Reschedule Final Hearing filed.
PDF:
Date: 09/17/2015
Proceedings: (Petitioner's) Motion to Reschedule Hearing and to Allow Agency Witness to Appear by Video Conference filed.
PDF:
Date: 09/15/2015
Proceedings: Respondent's First Request to Produce to Agency for Health Care Administration filed.
PDF:
Date: 09/15/2015
Proceedings: Respondent's Responses to Agency for Health Care Administrations First Request for Admissions filed.
PDF:
Date: 09/15/2015
Proceedings: Notice of Appearance (James Ross) filed.
PDF:
Date: 09/11/2015
Proceedings: Order Allowing Testimony by Telephone.
PDF:
Date: 09/11/2015
Proceedings: (Petitioner's) Unopposed Motion for Agency Witness to Appear via Video Conference filed.
PDF:
Date: 09/09/2015
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for December 10 and 11, 2015; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 09/02/2015
Proceedings: (Joint) Motion to Continue filed.
PDF:
Date: 09/02/2015
Proceedings: Notice of Filing Petitioner's First Set of Admissions, Interrogatories, and Production of Documents filed.
PDF:
Date: 09/01/2015
Proceedings: Order Granting Motion to Amend Administrative Complaint
PDF:
Date: 09/01/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 09/01/2015
Proceedings: Notice of Hearing (hearing set for November 12 and 13, 2015; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 09/01/2015
Proceedings: (Respondent's) Supplemental Certificate of Filing filed.
PDF:
Date: 08/31/2015
Proceedings: Richard W. Blake, DDS Motion for Leave to Amend Petition filed.
PDF:
Date: 08/31/2015
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 08/24/2015
Proceedings: Initial Order.
PDF:
Date: 08/21/2015
Proceedings: Final Audit Report filed.
PDF:
Date: 08/21/2015
Proceedings: Request for Administrative Hearing filed.
PDF:
Date: 08/21/2015
Proceedings: Order Granting Petitioner's Request for Relinquishment of Jurisdiction and Referral to the Division of Administrative Hearings filed.
PDF:
Date: 08/21/2015
Proceedings: Notice (of Agency referral) filed.
PDF:
Date: 08/21/2015
Proceedings: Agency referral filed. (Case sealed per section 409.913, Florida Statutes.)

Case Information

Judge:
J. BRUCE CULPEPPER
Date Filed:
08/21/2015
Date Assignment:
08/24/2015
Last Docket Entry:
01/17/2017
Location:
West Palm Beach, Florida
District:
Southern
Agency:
Other
Suffix:
MPI
 

Counsels

Related Florida Statute(s) (7):