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Home » Cases Under Administrative Hearing » 19-002278

19-002278 Alexander Dearmas vs. Agency For Health Care Administration
 Status: Closed
Recommended Order on Thursday, September 5, 2019.

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Summary: Petitioner is ineligible for an exemption because three years have not elapsed since he was lawfully released from confinement, supervision, or nonmonetary condition imposed by the court for the disqualifying felonies.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8ALEXANDER DEARMAS,

10Petitioner,

11vs. Case No. 19 - 2278

17AGENCY FOR HEALTH CARE

21ADMINISTRATION,

22Respondent.

23_______________________________/

24RECOMMENDED ORDER

26This case came before A dministrative Law Judge Darren A.

36Schwartz of the Division of Administrative Hearings ( " DOAH " ) for

47final hearing by video teleconference on July 26, 2019, at sites

58in Tallahassee and Miami, Florida.

63APPEARANCES

64For Petitioner: Alexander DeArmas, pro se

708874 West 35th Lane

74Hialeah, Florida 33018

77For Respondent: Bradley Stephen Butler, Esquire

83Ryan McNeill, Esquire

86Agency for Health Care Administration

912727 Mahan Drive, M ail Stop 3

98Tallahassee, Florida 32308

101STATEMENT OF THE ISSUE

105W hether Petitioner, Alexander DeA rmas ( " Petitioner " ) can

115establish, by a preponderance of the evidence, that at least

125three years have elapsed since he has been lawfully releas ed

136from confinement, supervision, or nonmonetary condition imposed

143by the court for the disqualifyi ng felonies pursuant to

153section 435.07(a)(1)1., Florida Statutes, s uch that he is

162eligible for an exemption from disqualification.

168PRELIMINARY STATEMENT

170In a letter dated December 28, 2018, Respondent, Agency for

180Health Care Administration ( " AHCA " ), notified Petitioner that

189his request for an exemption from disqualification was denied.

198Dissatisfied with the decision, Petitioner timely requested a

206formal adm inistrative hearing. Subsequently, on April 30, 2019,

215AHCA referred this matter to DOAH to assign an Administrative

225Law Judge to conduct the final hearing. On May 9, 2019, the

237undersigned set the final hearing for July 26, 2019.

246The final hearing was h eld on July 26, 2019, with both

258parties present. At the hearing, Petitioner testified on his

267own behalf. Petitioner did not offer any exhibits into

276evidence. AHCA presented the testimony of Vanessa Risch.

284AHCA ' s Exhibits 1 through 11C were received in evidence upon

296stipulation of the parties.

300The one - volume final hearing Transcript was filed on

310August 16, 2019. AHCA timely submitted a proposed recommended

319order, which was considered in the preparation of this

328Recommended Order. Petitioner did not sub mit a proposed

337recommended order. Unless otherwise indicated, references to

344the Florida Statutes are to the 2019 version.

352FINDING S OF FACT

3561. Petitioner is a 38 - year - old male seeking to qualify,

369pursuant to section 435.07, to participate in the Medicaid

378program.

3792. AHCA is the state agency responsible for administration

388of the Medicaid program in Florida.

3943. On February 27, 2014, Pe titioner pled guilty to the

405two disqualifying felony drug offenses. Petitioner was

412adjudicated guilty and he was sentenc ed to five years of drug

424offender probation.

4264. On April 15, 2014, the court entered an Order that the

" 438remainder of the defendant ' s probation shall be converted from

449drug offender probation to regular probation. "

4555. On February 23, 2017, Petitioner w as released early

465from his probation.

4686. On October 4, 2018, Petitioner submitted an application

477for exemption from disqualification to AHCA pursuant to

485section 435.07.

4877. In a letter dated December 28, 2018, AHCA notified

497Petitioner that his request f or an exemption from

506disqualification was denied. AHCA determined Petitioner is

513ineligible for an exemption because section 435.07 requires that

522three years elapse between the date Petitioner was lawfully

531released from confinement, supervision, or nonmone tary condition

539imposed by the court for the disqualifying felonies and the date

550of application for the exemption.

5558. Petitioner is ineligible for an exemption because

563three years have not elapsed since he was released from

573probation on February 23, 2017 .

579CONCLUSIONS OF LAW

5829. DOAH has jurisdiction over the parties and subject

591matter of this proceeding pursuant to sections 120.569,

599120.57(1), and 435.07, Florida Statutes.

60410. For the purposes of screening to participate in the

614Medicaid program , individuals, such as Petitioner, who are

622seeking to be a Medicaid provider, are required to undergo

632background screening. § 435.04, Fla. Stat.

63811. Pursuant to section 435.07(1), the agency head may

647grant to any person otherwise disqualified from bein g a Medicaid

658provider an exemption from disqualification for:

6641. Felonies for which at least 3 years have

673elapsed since the applicant for the

679exemption has completed or been lawfully

685released from confinement, supervision, or

690nonmonetary condition impose d by the cou rt

698for the disqualifying felony ; . . . .

70612. As detailed above, P etitioner is ineligible for an

716exemption because three years have not elapsed since he was

726released from probation.

729RECOMMENDATION

730Based on the foregoing Findings of Fact an d Conclusions of

741Law, it is RECOMMENDED that the Agency for Health Care

751Administration enter a final order denying Petitioner ' s request

761for an exemption from disqualification as a Medicaid provider.

770DONE AND ENTERED this 5 th day of September , 2019 , in

781Tall ahassee, Leon County, Florida.

786S

787DARREN A. SCHWARTZ

790Administrative Law Judge

793Division of Administrative Hearings

797The DeSoto Building

8001230 Apalachee Parkway

803Tallahassee, Florida 32399 - 3060

808(850) 488 - 9675

812Fax Filing (850) 921 - 6847

818www.doah.state.fl.us

819Filed with the Clerk of the

825Division of Administrative Hearings

829this 5 th day of September , 2019 .

837COPIES FURNISHED:

839Bradley Stephen Butler, Esquire

843Agency for Health Care Administration

8482727 Mahan Drive , Mail Stop 3

854Tallah assee, Florida 32308

858(eServed)

859Alexander DeArmas

8618874 West 35th Lane

865Hialeah, Florida 33018

868Ryan McNeill, Esquire

871Agency for Health Care Administration

8762727 Mahan Drive , Mail Stop 3

882Tallahassee, Florida 32308

885(eServed)

886Thomas M. Hoeler, Esquire

890Agenc y for Health Care Administration

8962727 Mahan Drive , Mail Stop 3

902Tallahassee, Florida 32308

905(eServed)

906Kim Annette Kellum, Esquire

910Agency for Health Care Administration

9152727 Mahan Drive , Mail Stop 3

921Tallahassee, Florida 32308

924(eServed)

925Richard J. Shoop , Agency Clerk

930Agency for Health Care Administration

9352727 Mahan Drive, Mail Stop 3

941Tallahassee, Florida 32308

944(eServed)

945Stefan Grow, General Counsel

949Agency for Health Care Administration

9542727 Mahan Drive, Mail Stop 3

960Tallahassee, Florida 32308

963(eServed)

964Mary C. Mayhew , Secretary

968Agency for Health Care Administration

9732727 Mahan Drive, Mail Stop 1

979Tallahassee, Florida 32308

982(eServed)

983NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

989All parties have the right to submit written exceptions within

99915 days from the date of this Recommended Order. Any exceptions

1010to this Recommended Order should be filed with the agency that

1021will issue the Final Order in this case.

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 02/27/2020
Proceedings: BY ORDER OF THE COURT: Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired.
PDF:
Date: 11/15/2019
Proceedings: BY ORDER OF THE COURT: Agency for Health Care Administration denied Appellant's request for determination that he is indigent, therefore this appeal will be dfismissed unless the required $300.00 fee is paid to the Clerk of the Court.
PDF:
Date: 11/07/2019
Proceedings: BY ORDER OF THE COURT: Appellant is order to file a conformed copy of the order designated in the notice of appeal.
PDF:
Date: 11/07/2019
Proceedings: BY ORDER OF THE COURT: This appeal will be dismissed unless the required filing fee is paid to the Clerk of by Court.
PDF:
Date: 11/06/2019
Proceedings: Agency Final Order filed.
PDF:
Date: 11/06/2019
Proceedings: Notice of Appeal filed.
PDF:
Date: 11/06/2019
Proceedings: Acknowledgment of New Case, Third DCA Case No. 3D19-2141 filed.
PDF:
Date: 10/08/2019
Proceedings: Agency Final Order
PDF:
Date: 09/05/2019
Proceedings: Recommended Order
PDF:
Date: 09/05/2019
Proceedings: Recommended Order (hearing held July 26, 2019). CASE CLOSED.
PDF:
Date: 09/05/2019
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 08/26/2019
Proceedings: Agency's Proposed Recommended Order filed.
Date: 08/16/2019
Proceedings: Transcript of Proceedings (not available for viewing) filed.
PDF:
Date: 08/13/2019
Proceedings: Respondent's Notice of Service of Hearing Transcripts to Opposing Counsel filed.
Date: 07/26/2019
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 07/23/2019
Proceedings: Respondent's Notice of Service of Hearing Exhibits (w/attachment) filed.
PDF:
Date: 07/23/2019
Proceedings: Respondent's Notice of Service of Hearing Exhibits filed.
PDF:
Date: 07/19/2019
Proceedings: Agency for Health Care Administration's Proposed Hearing Exhibits filed (exhibits not available for viewing).
PDF:
Date: 07/19/2019
Proceedings: ACHA's Hearing Exhibit List and ACHA's Hearing Witness List filed.
PDF:
Date: 07/16/2019
Proceedings: Order Denying Respondent's Motion for Clarification.
PDF:
Date: 07/16/2019
Proceedings: Order Granting Motion for Taking Official Recognition.
PDF:
Date: 07/03/2019
Proceedings: Motion for Clarification filed.
PDF:
Date: 07/01/2019
Proceedings: Agency for Health Care Administration's Motion for Taking Official Recognition filed.
PDF:
Date: 05/09/2019
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 05/09/2019
Proceedings: Notice of Hearing by Video Teleconference (hearing set for July 26, 2019; 9:00 a.m.; Miami and Tallahassee, FL).
PDF:
Date: 05/09/2019
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 05/01/2019
Proceedings: Initial Order.
PDF:
Date: 04/30/2019
Proceedings: Agency action letter filed.
PDF:
Date: 04/30/2019
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 04/30/2019
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
DARREN A. SCHWARTZ
Date Filed:
04/30/2019
Date Assignment:
05/01/2019
Last Docket Entry:
02/27/2020
Location:
Miami, Florida
District:
Southern
Agency:
Other
 

Counsels

Related Florida Statute(s) (3):