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16-003972F Playbig Therapy And Recreation Zone, Llc; Kelley H. Hutto, P.T.; And Rachel Scharlepp vs. Agency For Health Care Administration
 Status: Closed
DOAH Final Order on Tuesday, March 7, 2017.

View Dockets  
Summary: Petitioners proved that they were entitled to an award pursuant to section 57.111. Respondent's decision to suspend Petitioners' Medicaid payments was not substantially justified.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8PLAYBIG THERAPY AND RECREATION

12ZONE, LLC; KELLEY H. HUTTO,

17P.T.; AND RACHEL SCHARLEPP,

21Petitioners,

22vs. Case No. 16 - 3972F

28AGENCY FOR HEALTH CARE

32ADMINISTRATION,

33Respondent.

34_______________________________/

35FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

43The instant case comes before the undersigned based on a

53ÐJoint Stipulation for Settlement and Entry of Final OrderÑ

62(Ðthe StipulationÑ) filed on February 20, 2017. The undersigned

71issued a Partial Final Order on January 27, 2017, concluding

81that :

83Petitioners have demonstrated that they are

89entitled to an award of attorneyÓs fees and

97costs pursuant to section 57.111, that AHCA

104was not su bstantially justified in taking

111the action to suspend PetitionersÓ Medicaid

117payments, and that there exists no special

124circumstances that would make an award of

131attorneyÓs fees and costs unjust .

137Accordingly, the undersigned granted PetitionersÓ ÐPetition a nd

145Application for AttorneysÓ FeesÑ and instructed the parties to

154determine if an agreement could be reached as to the amount of

166attorneyÓs fees and costs that would be awarded to Petitioners.

176In the event that an agreement could not be reached, the

187under signed retained jurisdiction to cond uct a second hearing to

198address the reasonableness of the attorneyÓs fees and costs

207sought by Petitioners.

210Via the Stipulation, the parties have provided notice that

219they have agreed that Respondent shall pay Petitioners

227$50,000.00 in attorneyÓs fees and $2,000.00 in costs. During a

239phone conference conducted on March 6, 2017, PetitionersÓ

247counsel notified the undersigned how Petitioners wished the

255foregoing award to be divided among them.

262Accordingly, it i s, therefore,

267ORDERED that:

2691. The Stipulation filed on February 20, 2017, is hereby

279approved, and the Parties are directed to comply with the

289provisions of the Stipulation. In particular, Respondent shall

297pay attorneyÓs fees and costs in the amount of $52,000.00 within

30930 days of the entry of this Final Order.

3182. Based on the information provided by PetitionersÓ

326counsel during the phone conference on March 6, 2017 , PlayBig

336Therapy and Recreation Zone, LLC (DOAH Case No. 16 - 2605) shall

348receive $50,000.00 in attorneyÓs fees; Kelley H. Hutto, P.T.

358(DOAH Case No. 16 - 2604) shall receive $1,000.00 in costs;

370and Rachel Scharlepp (DOAH Case No. 16 - 2606) shall receive

381$1,000.00 in costs.

3853. The Division of Administrative Hearings retains

392jurisdiction over this matter to resolve any disputes, should

401they arise, regarding compliance with the terms of this Order.

411DONE AND ORDERED this 7th day of March , 2017 , in

421Tallahassee, Leon County, Florida.

425S

426G. W. CHISENHALL

429Administrative Law Judge

432Division of Administrative Hearings

436The DeSoto Building

4391230 Apalachee Parkway

442Tallahassee, Florida 32399 - 3060

447(850) 488 - 9675

451Fax Filing (850) 921 - 6847

457www.doah.state.fl.us

458Filed with the Clerk of the

464Division of Administrative Hearings

468this 7th day of March , 2017 .

475COPIES FURNISHED:

477Thomas M. Findley, Esquire

481Messer Caparello, P.A.

4842618 Centennial Place

487Tallahassee, Florida 32308

490(eServed)

491Joseph G. Hern, Esquire

495Agency for Health Care Administration

500Mail Stop 3

5032727 Mahan Drive

506Tallahassee, Florida 32308

509(eServed)

510William P. Dillon, Esquire

514Messer Caparello, P.A.

5172618 Centennial Place

520Tallahassee, Florida 32308

523(eServed)

524Ellery W. Sedgwick, Esquire

528Messer Caparello, P.A.

5312618 Centennial Place

534Tallahassee, Florida 32308

537(eServed)

538James Zubko Ross, Esquire

542Agency for Health Care Administration

547Mail Stop 3

5502727 Mahan Drive

553Tallahassee, Florida 32308

556(eServed)

557Shena L. Grantham, Esquire

561Agency for Health Care Administration

566Mail Stop 3

5692727 Mahan Drive

572Tallahassee, Florida 32308

575(eServed)

576Thomas M. Hoeler, Esquire

580Agency for Health Care Administration

585Mail Stop 3

5882727 Mahan Drive

591Tallahassee, Florida 32308

594(eServed)

595Richard J. Shoop, Agency Clerk

600Agency for Health Care Administration

6052727 Mahan Drive, Mail Stop 3

611Tallahassee, Florida 32308

614(eServed)

615Stuart Williams, General Counsel

619Agency for Health Care Administration

6242727 Mahan Drive, Mail Stop 3

630Tallahassee, Florida 32308

633(eServed)

634Justin Senior, Secretary

637Agency for Health Care Administration

6422727 Mahan Dri ve, Mail Stop 1

649Tallahassee, Florida 32308

652(eServed)

653NOTICE OF RIGHT TO JUDICIAL REVIEW

659A party who is adversely affected by this Final Order is

670entitled to judicial review pursuant to section 120.68, Florida

679Statutes. Review proceedings are governed by the Florida Rules

688of Appellate Procedure. Such proceedings are commenced by

696filing the o riginal notice of administrative appeal with the

706agency clerk of the Division of Administrative Hearings within

71530 days of rendition of the order to be reviewed, and a copy of

729the notice, accompanied by any filing fees prescribed by law,

739with the clerk of the District Court of Appeal in the appellate

751district where the agency maintains its headquarters or where a

761party resides or as otherwise provided by law.

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 08/28/2017
Proceedings: Transmittal letter from Claudia Llado forwarding the two-volume Transcript, along with Petitioner and Respondent's Exhibits to Respondent.
PDF:
Date: 03/07/2017
Proceedings: DOAH Final Order
PDF:
Date: 03/07/2017
Proceedings: Final Order Approving Stipulation for Entry of Award. CASE CLOSED.
PDF:
Date: 03/01/2017
Proceedings: Notice of Telephonic Status Conference (status conference set for March 6, 2017; 10:00 a.m.).
PDF:
Date: 02/24/2017
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for February 24, 2017; 10:00 a.m.).
PDF:
Date: 02/20/2017
Proceedings: Joint Stipulation for Settlement and Entry of Final Order filed.
PDF:
Date: 02/10/2017
Proceedings: Order Granting Respondent's "Motion for Extension of Time to Provide Written Notification to Administrative Law Judge Regarding Issues of Settlement and Dates for Hearing on Reasonableness of Fees and Costs".
PDF:
Date: 02/09/2017
Proceedings: The Agency for Health Care Administration's Motion for Extension of Time to Provide Written Notification to Administrative Law Judge Regarding Issues of Settlement and Dates for Hearing on Reasonableness of Fees and Costs filed.
PDF:
Date: 01/27/2017
Proceedings: Partial DOAH FO
PDF:
Date: 01/27/2017
Proceedings: Order Regarding Respondent's "Motion for Taking of Official Recognition".
PDF:
Date: 01/27/2017
Proceedings: Partial Final Order (hearing held November 10, 2016). DOAH JURISDICTION RETAINED.
PDF:
Date: 12/22/2016
Proceedings: Respondent's Memorandum of Law in Support of Admission of Certain Evidence filed.
PDF:
Date: 12/22/2016
Proceedings: Respondent's Proposed Final Order filed.
PDF:
Date: 12/22/2016
Proceedings: Petitioners' Proposed Partial Final Order on Entitlement to Fees filed.
PDF:
Date: 12/08/2016
Proceedings: Order Granting "Unopposed Motion to Extend Submission Date of Proposed Final Orders".
PDF:
Date: 12/07/2016
Proceedings: Unopposed Motion to Extend Submission Date of Proposed Final Orders filed.
Date: 11/10/2016
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 11/10/2016
Proceedings: Notice of Filing Deposition Transcript (Tim Helms) filed.
Date: 11/09/2016
Proceedings: Hearing Exhibits filed (exhibits not available for viewing).
PDF:
Date: 11/09/2016
Proceedings: Notice of Filing Exhibits filed.
PDF:
Date: 11/08/2016
Proceedings: Order on Petitioners' Motion in Limine.
PDF:
Date: 11/07/2016
Proceedings: Agency for Health Care Administration's Motion for Taking of Official Recognition filed.
PDF:
Date: 11/01/2016
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 10/31/2016
Proceedings: Order Granting Uncontested Motion to Extend Time to File Prehearing Stipulation.
PDF:
Date: 10/31/2016
Proceedings: Uncontested Motion to Extend Time to File Prehearing Stipulation filed.
PDF:
Date: 10/28/2016
Proceedings: The Agency for Health Care Administration's Response to Petitioner's Motion in Limine filed.
PDF:
Date: 10/25/2016
Proceedings: Notice of Taking Deposition filed.
PDF:
Date: 10/24/2016
Proceedings: Order to Show Cause.
PDF:
Date: 10/21/2016
Proceedings: Petitioner's Motion in Limine filed.
PDF:
Date: 10/18/2016
Proceedings: The Agency for Health Care Administration's Response to Petitioners' First Request for Production filed.
PDF:
Date: 10/18/2016
Proceedings: Notice of Filing Privilege Log filed.
PDF:
Date: 10/18/2016
Proceedings: Order on Agreed Motion to Restrict the Use and Disclosure of Information Concerning Medicaid Applicants and Beneficiaries.
PDF:
Date: 10/17/2016
Proceedings: Agreed Motion to Restrict the Use and Disclosure of Information Concerning Medicaid Applicants and Beneficiaries filed.
PDF:
Date: 09/15/2016
Proceedings: Order Re-scheduling Hearing (hearing set for November 10, 2016; 9:15 a.m.; Tallahassee, FL).
PDF:
Date: 09/13/2016
Proceedings: Motion to Reschedule Final Hearing filed.
PDF:
Date: 09/12/2016
Proceedings: Order of Bifurcation .
PDF:
Date: 09/12/2016
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 09/12/2016
Proceedings: Notice of Hearing (hearing set for November 18, 2016; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 09/12/2016
Proceedings: Order Granting Petitioner's "Unopposed Request for Official Recognition".
PDF:
Date: 09/12/2016
Proceedings: Order Denying Motion for Summary Final Order.
PDF:
Date: 09/12/2016
Proceedings: Order Granting Respondent's "Motion for Protective Order as to Petitioner's Request for Production".
Date: 09/08/2016
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 09/06/2016
Proceedings: Notice of Telephonic Pre-hearing Conference (set for September 8, 2016; 10:30 a.m.).
PDF:
Date: 08/31/2016
Proceedings: Notice of Telephonic Pre-hearing Conference (set for September 1, 2016; 1:00 p.m.).
PDF:
Date: 08/25/2016
Proceedings: Petitioners' Response to Respondent's Motion for Protective Order as to Petitioners' Request for Production filed.
PDF:
Date: 08/25/2016
Proceedings: The Agency for Health Care Administration's Response to Petitioners' Request for an Evidentiary Hearing filed.
PDF:
Date: 08/23/2016
Proceedings: Petitioners' Request for an Evidentiary Hearing filed.
PDF:
Date: 08/22/2016
Proceedings: Petitioner's Response in Opposition to Respondent's Motion for Summary Final Order filed.
PDF:
Date: 08/19/2016
Proceedings: The Agency for Health Care Administration's Motion for Protective Order as to Petitioner's Request for Production filed.
PDF:
Date: 08/19/2016
Proceedings: The Agency for Health Care Administration's Response to Petition and Application for Attorney's Fees filed.
PDF:
Date: 08/16/2016
Proceedings: Petitioner's Unopposed Request for Official Recognition filed.
PDF:
Date: 08/16/2016
Proceedings: The Agency for Health Care Administration's Motion for Summary Final Order filed.
PDF:
Date: 08/09/2016
Proceedings: The Agency for Health Care Administration's Response to Petitioners' Request for Admissions filed.
PDF:
Date: 08/05/2016
Proceedings: Appendix to Petition and Application for Attorneys Fees filed.
PDF:
Date: 08/04/2016
Proceedings: Order on Pending Requests for Relief.
PDF:
Date: 08/02/2016
Proceedings: Response to Respondent's Motion to Stay filed.
PDF:
Date: 08/02/2016
Proceedings: Petitioner's Response in Opposition to Respondent's Motion to Dismiss filed.
PDF:
Date: 07/29/2016
Proceedings: The Agency for Health Care Administration's AHCAs Motion for Stay of the Initial Order filed.
PDF:
Date: 07/27/2016
Proceedings: The Agency for Health Care Administration's Motion to Dismiss Petition and Application for Attorney's Fees filed.
PDF:
Date: 07/21/2016
Proceedings: Petitioners' Requests for Admissions filed.
PDF:
Date: 07/21/2016
Proceedings: Petitioners' First Request for Production filed.
PDF:
Date: 07/18/2016
Proceedings: Initial Order.
PDF:
Date: 07/15/2016
Proceedings: Agency referral filed.
PDF:
Date: 07/11/2016
Proceedings: Petition and Application for Attorneys' Fees filed. (FORMERLY DOAH CASE NOS. 16-2604MPI, 16-2605MPI, and 16-2606MPI)

Case Information

Judge:
G. W. CHISENHALL
Date Filed:
07/11/2016
Date Assignment:
07/18/2016
Last Docket Entry:
08/28/2017
Location:
Tallahassee, Florida
District:
Northern
Agency:
Agency for Health Care Administration
Suffix:
F
 

Counsels

Related Florida Statute(s) (12):