Contract (See CONTRACTS (Bids / Protests))

Public Records Act — Request For “List of Current/Pending Closed Cases” —
Circuit Court Denial of Declaratory Relief & Access to Records Affirmed & Reversed/In Part, IAS_IX-2492.

Declaratory Statement (See DECLARATORY STATEMENTS)
License —
Bd. Revocation Affirmed, IAS_IX-2493.
Bd. Revocation Reversed On Basis of Improper Service of the Complaint By Publication, IAS_IX-2494.
Failure to Obtain Requisite Training, IAS_IX-2495.
Obtaining Licensure By Fraud, IAS_IX-2496.
Sexual Misconduct, IAS_IX-2497.
Licensure —
Approved Educational Courses Need Not Be Given In Lecture Format, IAS_IX-2498.

A Federal Program Administered By the State In Conformity With Federal Law, IAS_IX-2499.
Children & Families (DCF) (See Also Hospital, Nonemergency Medical Services Rendered to Undocumented Aliens, Institutional Care Program) —
DCF Final Order Reduces Personal Care & Homemaker Services — Reversed & Remanded Due to Procedural Due Process Issues, IAS_IX-2500.
Eligibility Determinations Are the Domain of —
AHCA Cannot Overrule DCF Eligibility Determination After-the-Fact, IAS_IX-2501.
Appeals From Adverse DCF Determinations Discussed, IAS_IX-2502.
DCF Determinations Require Examination of Income, Asset & Categorical Eligibility Tests, IAS_IX-2503.
Determinations By DCF Are Subject to Post-Payment Audits By AHCA, IAS_IX-2504.
Duty of DCF Staff to Fully Inform Applicant of Eligibility Requirements, IAS_IX-2505.
Emergency Medical Care For Undocumented Aliens (See Hospital), IAS_IX-2506.
Nonrelative Caregiver Assistance —
Petition For Hearing Dismissed As Untimely, IAS_IX-2507.
Community Behavioral Health Service Provider — Recoupment of Overpayment — Attorney’s Fees & Costs Awarded Against AHCA Pursuant to 57.105, IAS_IX-2508.
Community-Based Waiver Program (See PERSONS WITH DISABILITIES, Agency For)
Dentist —
Overpayment, IAS_IX-2509.
Recoupment of Overpayment, IAS_IX-2510.
Developmental Disabilities Waiver Program —
Failure to Maintain Current Health Assessments For Residents, IAS_IX-2511.
Failure to Properly Document Client Implementation Plan, IAS_IX-2512.
Failure to Properly Document Client Quarterly Summaries, IAS_IX-2513.
Failure to Properly Document Employee Education, IAS_IX-2514.
Failure to Properly Document Staff Training Plan, IAS_IX-2515.
Failure to Provide Proof of Infection Control & Zero Tolerance Training for Employees, IAS_IX-2516.
Recoupment of Overpayment, IAS_IX-2517.
Developmental Services (See PERSONS WITH DISABILITIES, Agency For (APD))
Family Supported Living Waiver Program —
Recoupment of Overpayment, IAS_IX-2518.
Health Care Administration, Agency For (AHCA) —
AHCA – Not APD (Agency For Persons With Disabilities) – Is the Single State Agency In Charge of Administration of Florida’s Medicaid Program, IAS_IX-2519.
AHCA Audit Report & Work Papers —
Alone Can Constitute a Prima Facie Case, IAS_IX-2520.
Constitute Competent Substantial Evidence, IAS_IX-2521.
Found Inadequate to Shift Burden of Proof, IAS_IX-2522.
Peer Review — Exact Same Credentials Are Not Required, IAS_IX-2523.
AHCA Can Initiate Without Providing a Basis For Its Actions, IAS_IX-2524.
AHCA Costs —
AHCA Can Recover If It Prevails, IAS_IX-2525.
Burden to Document, IAS_IX-2526.
DOAH Resolves Disputes Regarding, IAS_IX-2527.
DOAH Resolves Factual Issues Regarding, IAS_IX-2528.
Determination of Recoverability Examined, IAS_IX-2529.
Installment Payment Plan Is Available In Case of Extreme Hardship, IAS_IX-2530.
AHCA Coverages & Limitations Handbook Found to Be “Quite Clear”, IAS_IX-2531.
AHCA Has the Authority to Determine Whether Medical Care Was Emergency or Nonemergency, IAS_IX-2532.
AHCA Is the Single Agency Authorized to Make Payments, IAS_IX-2533.
Audit —
AHCA Can Initiate Without a Stated Basis For Doing So, IAS_IX-2534.
AHCA Costs Are Recoverable — DOAH Resolves Disputes Regarding, IAS_IX-2535.
AHCA Has a Statutory Obligation to Conduct, IAS_IX-2536.
Discussion of Sampling Technique, IAS_IX-2537.
Eligibility Determination By DCF Does Not Bind AHCA In Post-Payment Audit, IAS_IX-2538.
Discipline Against the Professional License Is Pertinent, IAS_IX-2539.
Duty to Seek Recoupment of Overpayment, IAS_IX-2540.
Federal Preemption of State Law Examined, IAS_IX-2541.
Fees Schedules Are Hearsay That Cannot Form the Sole Basis For a Finding, IAS_IX-2542.
Handbook —
AHCA Has Substantive Jurisdiction Regarding, IAS_IX-2543.
Must Have Been In Effect During the Audit Period In Order to Be Relied Upon, IAS_IX-2544.
Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-2545.
Mechanics of the Program — Examined, IAS_IX-2546.
Overpayment —
AHCA Duty to Recoup — Explored, IAS_IX-2547.
AHCA Has the Burden of Proof Regarding By a Preponderance of the Evidence, IAS_IX-2548.
Amnesty Provision Applies to Self-Audits Only, IAS_IX-2549.
Defined & Discussed, IAS_IX-2550.
Each Erroneous or False Claim Is a Separate Violation, IAS_IX-2551.
Establishment & Effect of the Prima Facie Case, IAS_IX-2552.
Peer Review —
Peer Need Not Be a Carbon Copy — Fla. License & Same Specialty Are Desired, IAS_IX-2553.
Recoupment of Is Not a Penalty, IAS_IX-2554.
Recoupment Order — AHCA Can Only Recover the Portion of a Tort Recovery Attributable to Medical Expenses, IAS_IX-2555.
Recoupment Order Affirmed —
Peer Review — Same Specialty or Subspectialty — Requirement Found to Be Disjunctive, IAS_IX-2556.
Peer Review — Whether An AHCA Expert Is a “Peer” Constitutes a Conclusion of Law, IAS_IX-2557.
Set Off For Allegedly Unbilled Services Is Not Available, IAS_IX-2558.
Use of Extrapolation In Calculating Amount of, IAS_IX-2559.
Penalty (See Also PRACTICE & PROCEDURE, DOAH, Recommended Order) —
120.695 Is Inapplicable, IAS_IX-2560.
AHCA Has the Burden of Proof By Clear & Convincing Evidence, IAS_IX-2561.
AHCA Secretary Has Discretion Not to Impose — DOAH Recommendation of No Penalty Must Be Based On AHCA Secretarial Action, IAS_IX-2562.
Agency Secretary Has Discretion Not to Impose, IAS_IX-2563.
Agency Secretary May Find That Imposition of Is Not In the Best Interest of the Utility, IAS_IX-2564.
Costs (See Costs)
Fine — Burden of Proof Is By Clear & Convincing Evidence, IAS_IX-2565.
Fine — Imposition of Discussed, IAS_IX-2566.
Fine — Imposition of Found Required Except For AHCA Failure to Consider Requisite Statutory Factors, IAS_IX-2567.
Mitigating Factors —
Small Overpayments — Random Audit – Not a Referral — Upcoding Not Involved — Cooperation With the Audit, IAS_IX-2568.
Rule In Effect At Time of Assailed Offense Applies, IAS_IX-2569.
Purpose of the Program Examined, IAS_IX-2570.
Requisite Records — Requirements Examined, IAS_IX-2571.
Reversed — Hearing Ordered, IAS_IX-2572.
Rules — DOAH Challenge to Validity — DOAH Finds Jurisdiction Contrary to AHCA Assertions, IAS_IX-2573.
Statutes, Rules, Policies & Handbook In Effect During the Period When Services Were Provided Apply, IAS_IX-2574.
Undocumented Alien Project Examined, IAS_IX-2575.
Home & Community Based Services Provider —
Companion Care Services Are Not to Be Provided to a Recipient Who Resides In a Licensed Residential Setting, IAS_IX-2576.
Recoupment of Overpayment —
Community Mental Health Services, IAS_IX-2577.
Companion Care Services, IAS_IX-2578.
Sanctions Letter — Failure to Properly Document Employee Training, IAS_IX-2579.
Home Health Agency —
Overpayment — Misinterpretation of Coverage Handbook In Regard to Multiple Visits to the Same Location, IAS_IX-2580.
Overpayment, IAS_IX-2581.
Reimbursement Rules Governing Multiple Receipients At Same Address Examined, IAS_IX-2582.
Hospital —
Emergency Medical Services Rendered to Undocumented Aliens —
AHCA Has the Authority to Determine After-the-Fact Whether Medical Care Was Emergency or Nonemergency, IAS_IX-2583.
Alleviate Defined & Discussed, IAS_IX-2584.
Emergency Medical Services For Undocumented Aliens, IAS_IX-2585.
Nonemergency Medical Services Rendered to Undocumented Aliens (See Also Children & Families (DCF)) —
Application Submitted to DCF Has No Meaningful Overlap With Subsequent AHCA Review, IAS_IX-2586.
Dept. of Children & Families (DCF) Eligibility Determinations Are Not Binding On AHCA, IAS_IX-2587.
Dept. of Children & Families (DCF) Initially Determines Eligibility, IAS_IX-2588.
Dept. of Children & Families (DCF) Lacks the Medical Expertise to Determine the Duration of an Emergency Medical Condition (EMC), IAS_IX-2589.
Medicaid Eligibility Is Restricted to US Citizens & Lawfully Admitted Qualified Noncitizens, IAS_IX-2590.
Undocumented Aliens — Services Must Be Medically Necessary & Involve An Emergency Medical Condition, IAS_IX-2591.
Nonemergency Medical Services Rendered to Undocumented Aliens, IAS_IX-2592.
Overpayment — Recoupment Affirmed, IAS_IX-2593.
Overpayment, IAS_IX-2594.
Institutional Care Program (ICP) (See Also Children & Families (DCF)) —
Challenge to Calculation of Patient Responsibility Amount (PRA) —
Gross Income Less Certain Reductions Withheld, IAS_IX-2595.
Challenge to Calculation of the Patient Responsibility Amount, IAS_IX-2596.
Competency of the Beneficiary —
Competent Person Has a Constitutionally Protected Right to Choose or Reject Treatment, IAS_IX-2597.
Incompetent Person Cannot Receive Treatment Without a Guardian’s Consent, IAS_IX-2598.
DCF Calculation of Patient Responsibility Amount (PRA) —
Affirmed, IAS_IX-2599.
DCF Covers the Difference Between a Beneficiary’s PRA & the Facility’s Monthly Charge, IAS_IX-2600.
DCF Definition of “Covered Care” Examined & Upheld, IAS_IX-2601.
Joint Federal/State Nature of This Program Examined, IAS_IX-2602.
Mechanics of Examined, IAS_IX-2603.
Preeligibility Nursing Home Expenses Deducted From DCF Benefit, IAS_IX-2604.
DCF Denial Based On Overlooked Teacher’s Pension Reversed, IAS_IX-2605.
DCF Denial of Request to Have a Monthly Guardian Fee Deducted From the Beneficiary’s Income Affirmed, IAS_IX-2606.
Interpretations of the Agency For Health Care Administration (AHCA) Are Probative, IAS_IX-2607.
Medical Necessity (See Also Medical Necessity) —
Defined & Discussed, IAS_IX-2608.
Guardian Services Do Not Meet the Definition of, IAS_IX-2609.
Managed Care Facility —
Psychiatric Services Provided By Facility Under Contract With AHCA For DCF Client Involuntarily-Committed Pursuant to Baker Act —
DCF Denial of Fair Hearing On Basis That Prior Authorization Was Lacking — Affirmed, IAS_IX-2610.
Medicaid Third Party Liability Act —
409.910(17)(b) Establishes the Exclusive Mechanism For Contesting the Statutory Distribution, IAS_IX-2611.
409.910(17)(b) Sets Forth An Adversarial Procedure For Testing the Statutory Allocation of a Settlement, IAS_IX-2612.
2013 Statutory Amendment Regarding —
Applies to Cases In Which the Case of Action Accrued After the Effective Date, IAS_IX-2613.
Caselaw Regarding Is Lacking, IAS_IX-2614.
Examined, IAS_IX-2615.
Found to Be Substantive Not Remedial or Procedural, IAS_IX-2616.
Found to Create a New Requirement to Prove Up Future Medical Expenses, IAS_IX-2617.
Inapplicable to Cases In Which a Medicaid Payment Is Made Prior to 7/1/13, IAS_IX-2618.
AHCA Duty to Recover Medical Expenses From Third Party Tortfeasors, IAS_IX-2619.
AHCA Is Bound By Federal Medicaid Requirements, IAS_IX-2620.
AHCA Is Entitled to Recover Full Amount of Lien From Entire Settlement Subject to Limitation of 409.910(11)(f), IAS_IX-2621.
AHCA Is Not Automatically Bound By Allocation of Damages Set Forth In a Settlement Agreement, IAS_IX-2622.
AHCA Is Typically Limited to a Single Recovery Per Settlement For Both Past & Future Medical Expenses, IAS_IX-2623.
AHCA Lien — AHCA Is Not Automatically Bound By the Statutory Allocation of Damages, IAS_IX-2624.
AHCA Lien — Amount Determined to Be Zero Due to AHCA Failure to Rerecord After Seven (7) Years, IAS_IX-2625.
AHCA Lien — Amount Upheld, IAS_IX-2626.
AHCA Lien — Cannot Attach to Economic Damages, IAS_IX-2627.
AHCA Lien — Cannot Exceed Total AHCA Medical Assistance Expenditures, IAS_IX-2628.
AHCA Lien — Is Automatic, IAS_IX-2629.
AHCA Lien — Is Rebuttable, IAS_IX-2630.
AHCA Lien — Statutory Allocation Formula Is a Default Provision That Can Be Rebutted, IAS_IX-2631.
AHCA Lien — Statutory Formula For Allocating a Settlement Does Not Create An Irrebutable Presumption, IAS_IX-2632.
AHCA Lien — Statutory Formula For Allocating a Settlement Exhaustively Explored, IAS_IX-2633.
AHCA Lien — Statutory Formula For Determining Maximum AHCA Recovery Examined, IAS_IX-2634.
AHCA Lien Reduced, IAS_IX-2635.
AHCA Lien Upheld On the Authority of Ross — Wos Found Inapplicable, IAS_IX-2636.
AHCA Must Be Repaid Prior to Any Other Person, Program or Entity, IAS_IX-2637.
Amount of AHCA Lien Payable From High-Low Agreement Funds Upheld, IAS_IX-2638.
Appeal Treated As a Petition For Writ of Mandamus & Denied On Basis of Nonfinality of a Partial Settlement, IAS_IX-2639.
Appellate Remand For Proceedings Consistent With US Supreme Court Decision In Wos, IAS_IX-2640.
Apportionment of a Personal Injury Case Settlement —
AHCA Lien — Is Not Limited to Care & Services Actually Provided By Medicaid, IAS_IX-2641.
AHCA Lien — May Extend to Proceeds Allocated to Past & Future Medical Expenses, IAS_IX-2642.
AHCA Need Not Afford Any Weight to Circuit Court Apportionment Since It Was Not a Party to That Proceeding, IAS_IX-2643.
AHCA Recovery Is Limited to the Amount of Medicaid Assistance Provided —
Entire Amount of the Settlement May Be Subject to a Medicaid Lien, IAS_IX-2644.
AHCA Reimbursement Is Limited to Amounts Actually Spent, IAS_IX-2645.
Allocation of a Settlement to Medical Expenses Examined, IAS_IX-2646.
Circuit Court Apportionment of Settlement Entitled to Deference At DOAH, IAS_IX-2647.
Circuit Court Order Apportioning Settlement Reversed, IAS_IX-2648.
Equitable Apportionment of Personal Injury Settlement to Satisfy a Medicaid Lien, IAS_IX-2649.
Relevant Caselaw Governing Surveyed, IAS_IX-2650.
Statutory Presumption Regarding Is Rebuttable, IAS_IX-2651.
Assignment of a Beneficiary’s Rights to AHCA Examined, IAS_IX-2652.
Availability of Third Party Resources at Any Time Is Subject to AHCA Lien, IAS_IX-2653.
Burden of Proof Is On the Challenger When Contesting the Amount Yielded By the Statutory Formula, IAS_IX-2654.
Challenge to AHCA Lien Must Be Established By Clear & Convincing Evidence, IAS_IX-2655.
Challenge to Calculation of Recovered Medical Expenses — AHCA Lien Upheld In Part, IAS_IX-2656.
Challenge to Charges For Speech Therapy — AHCA Lien Upheld In Part, IAS_IX-2657.
Circuit Court Has Jurisdiction to Approve a Settlement & Distribute Proceeds —
Administrative Process Under 409.910(17)(b) Is Subordinate, IAS_IX-2658.
Confidential Unallocated Partial Settlement With One of Multiple Defendants, IAS_IX-2659.
Conflict Between Florida & Federal Provisions Examined, IAS_IX-2660.
Courts Must Defer to Legislative Efforts to Control Medicaid Costs, IAS_IX-2661.
DOAH Authority to Rule On, IAS_IX-2662.
DOAH Finds Authority to Freely Reallocate Items of Damages, IAS_IX-2663.
DOAH Responsibility Is to Resolve the Amount of Reimbursable Medical Expenses —
Statute of Limitations Defense Is Not Considered, IAS_IX-2664.
ERISA Lien Can Be Paid From Any Portion of a Settlement, IAS_IX-2665.
ERISA Settlement Amount Is Not Dispositive of Allocation of Medical Expenses, IAS_IX-2666.
ERISA Settlement Not Considered Part of the Medical Expense Allocation, IAS_IX-2667.
Evidence-Based Calculation Is Required, IAS_IX-2668.
Federal Anti-Lien Statute (See Also Future Medical Expenses) —
409.910(11)(f) Is Preempted By, IAS_IX-2669.
Death of Claimant — Circuit Court Holding That Federal Anti-Lien Statute Only Applies to Living Recipients Affirmed, IAS_IX-2670.
Death of Claimant — Does Not Change the Limited Assignment of Rights to Recovery, IAS_IX-2671.
Death of Claimant — Effect of Considered, IAS_IX-2672.
Does Not Apply to Wrongful Death Settlement, IAS_IX-2673.
Does Not Preempt State Statute Regarding Recovery In Cases In Which the Claimant Is Deceased (See Also Death of Claimint), IAS_IX-2674.
Examined, IAS_IX-2675.
Exceptions to Examined, IAS_IX-2676.
Federal Provision Which Trumps Conflicting State Statutes, Rules, or Policies, IAS_IX-2677.
Nonmedical Expense Portion of a Settlement Cannot Be Disturbed, IAS_IX-2678.
Pertinent Federal Caselaw Surveyed, IAS_IX-2679.
Precludes AHCA Lien On Portions of a Settlement Not Allocated to Medical Expenses, IAS_IX-2680.
Recovery Cannot Exceed Total Amount of Medical Assistance Provided, IAS_IX-2681.
Federal Caselaw Regarding Medicaid Liens Surveyed, IAS_IX-2682.
Federal Mandate That States Seek Reimbursement From Third Parties Examined, IAS_IX-2683.
Final Order On Remand: Mobley v. AHCA, IAS_IX-2684.
Future Medical Expenses —
AHCA Can Only Seek Reimbursement For After It Actually Proves Such Expenses, IAS_IX-2685.
Are Unpaid & Speculative Thus Are Not Recoverable, IAS_IX-2686.
Examined, IAS_IX-2687.
Federal Caselaw Pertinent to This Issue Examined, IAS_IX-2688.
Found Not Recoverable, IAS_IX-2689.
Interplay With Federal Anti-Lien Statute Examined, IAS_IX-2690.
Not Subject to the Lien, IAS_IX-2691.
Only Recoverable If Actually Paid From Medicaid Funds, IAS_IX-2692.
Payment of Medicaid Lien From Found Violative of Federal Anti-Lien Statute, IAS_IX-2693.
Split In Legal Authority Regarding Examined & Found Not Limited to DOAH, IAS_IX-2694.
Suggested to Be Recoverable If Established, IAS_IX-2695.
High/Low Agreement Funds Are Subject to a Medicaid Lien, IAS_IX-2696.
Interplay Between Federal & State Law Examined —
Federal Preemption Is Strong Medicine Not to Be Casually Dispensed Especially In Light of the Cooperative Nature of the Program, IAS_IX-2697.
Liability Must Be Apportioned Among All Responsible Parties Even If Not Joined As Actual Parties, IAS_IX-2698.
Litigation Expenses Have An Above-the-Line Quality, IAS_IX-2699.
Medicaid Statute Has Been Described As an Aggravated Assault On the English Language Resistent to Human Understanding, IAS_IX-2700.
Operates Like a Statutory Exemption to Common Law Subrogation, IAS_IX-2701.
Past Medical Expenses — Actually Paid — AHCA Lien Is Limited to, IAS_IX-2702.
Procedure For Recipient to Contest the Amount of a Medicaid Lien Examined, IAS_IX-2703.
Purpose of the Medicaid Program Examined, IAS_IX-2704.
Recipient Has a Right to Rebut Presumptively Valid Statutory Default Allocation, IAS_IX-2705.
Recipient Is Not Automatically Bound By the Statutory or Settlement Allocations, IAS_IX-2706.
Recipient Share — Should Be Disturbed As Little As Possible, IAS_IX-2707.
Recipient Share — Taxability of Various Costs Examined, IAS_IX-2708.
Recovery Limited to Lesser of Statutory Formula or Amount of Lien, IAS_IX-2709.
Reimbursement Defined & Discussed, IAS_IX-2710.
Reimbursement Is a Term of Art In Medicaid, IAS_IX-2711.
Settlement of Claim — 409.910(1) Is Not Federally Preempted — Lien Attaches to Settlement Even If Not Allocated, IAS_IX-2712.
Settlement of Claim — AHCA Was Not a Party to the Settlement, IAS_IX-2713.
Settlement of Claim — Bad Faith Penalty Found Lacking, IAS_IX-2714.
Speech Therapy Found Unrelated to Settlement, IAS_IX-2715.
Standard For Deciding Challenges to the Recovery Indicated By the Statutory Formula Are Amorphous, IAS_IX-2716.
State & Federal Caselaw Surveyed, IAS_IX-2717.
State Should Pursue the Largest Recovery Possible Without Violation of the Anti-Lien Statute, IAS_IX-2718.
Statutory Framework Examined, IAS_IX-2719.
Statutory History Behind Medicaid Third Party Liability & Associated Caselaw Examined, IAS_IX-2720.
Medical Assistance Funds —
Available Resources — Examined —
Duty of Agency Staff to Fully Inform Applicant of Eligibility Requirements, IAS_IX-2721.
Qualified Income Trust, IAS_IX-2722.
Circuit Court Authority to Determine Portion of a Settlement Attributable to Medical Expenses Examined, IAS_IX-2723.
Circuit Court Ruling On AHCA Recoupment of Medicaid Lien For Personal Injury Settlement Medical Expenses Reversed, IAS_IX-2724.
Institutional Care Program (See Institutional Care Program (ICP))
Medically Needy Program —
Denial of Benefits — Reversed, IAS_IX-2725.
Medical Necessity (See Also Institutional Care Program (ICP)) —
AHCA Is the Final Arbiter — Undocumented Aliens, IAS_IX-2726.
AHCA Is the Final Arbiter, IAS_IX-2727.
DCF Eligibility Determination Is Not Dispositive, IAS_IX-2728.
Defined & Discussed, IAS_IX-2729.
Determinations Regarding Must Be Made Based On Information Available At the Time Medical Goods & Services Are Provided, IAS_IX-2730.
Federal Definition of Not Found, IAS_IX-2731.
Judicially Accepted Component of the Federal Legislative Scheme, IAS_IX-2732.
Must Be Shown, IAS_IX-2733.
Peer Review Is Utilized (See Also Overpayment, Recoupment Order Affirmed) —
Is Required, IAS_IX-2734.
Is to Be Based On Information Available At Time Goods or Services Are Provided, IAS_IX-2735.
Requisite Expertise Examined, IAS_IX-2736.
Post Hoc Determinations Are Not Contemplated, IAS_IX-2737.
Provider Must Substantiate, IAS_IX-2738.
Nursing Home —
Disallowance of Documentary Stamp Tax On Warranty Deed Upheld, IAS_IX-2739.
Per Diem Rate — Challenge to Calculation of — Corporate Ownership Entity Dissolved, IAS_IX-2740.
Per Diem Rate — Challenge to, IAS_IX-2741.
Nursing Services —
Failure to Maintain Requisite Records, IAS_IX-2742.
Osteopathic Physician —
Criminal Charge — Conspiracy to Unlawfully Distribute, Dispense & Possess a Controlled Substance, IAS_IX-2743.
Criminal Conviction — Conspiracy to Commit Money Laundering, IAS_IX-2744.
Physician —
Medical Necessity of a Procedure Questioned (See Also Medical Necessity), IAS_IX-2745.
Overpayment — Recoupment of, IAS_IX-2746.
Provider —
Allowable Cost — Burden of Proof By a Preponderance of the Evidence, IAS_IX-2747.
Duty to Provide Documentation Regarding Compliance With Applicable Regulations, IAS_IX-2748.
Exemption From Disqualification (See Also CHILDREN & FAMILIES, Dept. of)
Failure to Obtain Prior Authorization — Psychiatric Services Incident to Involuntary Commitment Under Baker Act, IAS_IX-2749.
Medical Necessity (See Medical Necessity)
Must Ensure That Each Claim Is True & Accurate, IAS_IX-2750.
Participation Is Voluntary, IAS_IX-2751.
Prior Approval Does Not Justify Payment When Contrary to Law, IAS_IX-2752.
Request For Exemption From Disqualification From Enrollment —
Abuse of Discretion Standard of Review — Conclusion of Law, IAS_IX-2753.
Applicant Has the Burden of Proof By Clear & Convincing Evidence, IAS_IX-2754.
Criminal Conviction — Grand Theft/ Bank Fraud, IAS_IX-2755.
Criminal Plea — Assault, IAS_IX-2756.
Criminal Plea — Federal Violation Found Analagous to Florida Provision, IAS_IX-2757.
Criminal Plea — Healthcare Fraud, IAS_IX-2758.
Rehabilitation — Mixed Question of Fact & Law, IAS_IX-2759.
Rehabilitation — Proof of — Question of Fact, IAS_IX-2760.
Provider Service Network (PSN) —
Can Be Owned By More Than One Provider or Affiliated Group of Providers, IAS_IX-2761.
Skilled Nursing Provider —
Overpayment — Recoupment Ordered, IAS_IX-2762.

Amended Final Order: Health v. Rivera, IAS_IX-2763.
Appellate Court (See Also APPELLATE REVIEW) —
Stay Pending Appellate Review Denied, IAS_IX-2764.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
Bd. Withdraws Its Motion For Costs, IAS_IX-2765.
Costs — Cannot Be Summarily Imposed In Lieu of a Fine, IAS_IX-2766.
Costs — Dept. of Health Waives, IAS_IX-2767.
Costs — Final Order Assessing, IAS_IX-2768.
Costs — Proper Scope of Examined, IAS_IX-2769.
Costs — Waived In Exchange For Waiver of Right to Appellate Review, IAS_IX-2770.
Dept. of Health Attorney’s Fees Found Not Properly Established, IAS_IX-2771.
Motion to Bifurcate Issue Granted, IAS_IX-2772.
Declaratory Statements (See DECLARATORY STATEMENTS)
Dept. of Health Emergency Motion For Stay of Bd. Final Order Denied, IAS_IX-2773.
Discipline (See Also DISCIPLINE) —
Actual Harm to Patient Is Not Required, IAS_IX-2774.
Bd. Discipline Based On Unreported Criminal Conviction For Health Care Fraud — Affirmed, IAS_IX-2775.
Charges of Gross or Repeated Malpractice & Prescribing Controlled Substances Other Than In the Course of the Professional Practice Are Not Mutually Exclusive, IAS_IX-2776.
Dual Relationship With Patient —
Only Clearly Delineated Boundary Violation Is Sexual Misconduct, IAS_IX-2777.
Failure to Appear At Disciplinary Hearing Does Not Constitute Relinquishment of the License, IAS_IX-2778.
Fine — Found Inappropriate, IAS_IX-2779.
Fine — Found Inappropriate For An Impairment Issue Over Contrary DOAH Recommendation, IAS_IX-2780.
Incarcerated Physician — Out of State —
Untimely Notice of Appeal — Remand For Further Fact Findings, IAS_IX-2781.
Informed Patient Consent —
Implied Consent Discussed, IAS_IX-2782.
Knowledge of Licensee’s Agent Imputed to the Licensee, IAS_IX-2783.
Medical Malpractice —
Can Take Place Over the Phone, IAS_IX-2784.
Out-of-State Discipline —
Report From Federation of State Licensing Boards Does Not Relieve Licensee of Duty to Self Report to Fla. Board, IAS_IX-2785.
Underlying Allegations Are Not Relitigated, IAS_IX-2786.
An ALJ Who Did Not Conduct the Hearing Can Issue the Recommended Order, IAS_IX-2787.
Recommended Order Cannot Be Expunged From the DOAH Website, IAS_IX-2788.
Electrologist Council —
Trade Association Appeal From Bd. Declaratory Statement Finding That Only One-Time Certification Is Required For Those Utilizing Lasers & Light Based Devices —
Bd. Denial of Motion to Withdraw Petition/ Initiation of Rulemaking/ Issuance of a Substantive Statement Affirmed, IAS_IX-2789.
License —
Controlled Substances —
Absence of a Legitimate Doctor-Patient Relationship, IAS_IX-2790.
Failure to Produce Pedigree Paperwork, IAS_IX-2791.
Failure to Remove Expired & Deteriorated Medications From the Office, IAS_IX-2792.
Improper Storage In a Freezer, IAS_IX-2793.
Improper Storage With Uneaten Food, IAS_IX-2794.
Inappropriate or Excessive Prescriptions, IAS_IX-2795.
Leaving a Syringe On the Counter In the Reception Area, IAS_IX-2796.
Prescription Other Than In Course of Professional Practice, IAS_IX-2797.
Criminal Charge —
Failure to Timely Report to the Board, IAS_IX-2798.
Criminal Conviction —
Health Care Fraud, IAS_IX-2799.
Homosexual Contact With Minor/ Unlawful Use of a Communication Device to Commit a Felony/ Using a Computer to Facilitate Sexual Contact With a Child, IAS_IX-2800.
Obtaining Controlled Substance By Fraud, IAS_IX-2801.
Relationship to the Profession Examined, IAS_IX-2802.
Criminal Plea —
Battery, IAS_IX-2803.
Conspiracy to Commit Health Care Fraud, IAS_IX-2804.
Constitutes a Violation In & of Itself, IAS_IX-2805.
Health Care Fraud, IAS_IX-2806.
Possession of Child Pornography, IAS_IX-2807.
Proof Regarding the Circumstances of Examined, IAS_IX-2808.
Delegation to Medical Assistants Examined, IAS_IX-2809.
Emergency Restriction —
Allegation of Past Misconduct Must Be Recent and Sufficiently Egregious & of a Nature Likely to Be Repeated, IAS_IX-2810.
Allegation of a Likelihood of a Continuation of the Complained Conduct Found Lacking, IAS_IX-2811.
Emergency Suspension —
Appellate Motion For Stay Denied, IAS_IX-2812.
Controlled Substances — Inappropriate or Excessive Prescriptions, IAS_IX-2813.
Controlled Substances — Prescription Other Than In Course of a Professional Practice, IAS_IX-2814.
Criminal Charge — Conspiracy to Distribute Controlled Substances / Unlawful Distribution of Human Growth Hormone, IAS_IX-2815.
Sexual Abuse of Patient, IAS_IX-2816.
Unacceptable Level of Care, IAS_IX-2817.
Engaged In a Dual Nonsexual Relationship With a Patient to Their Detriment, IAS_IX-2818.
Exploiting Patient For Financial Gain, IAS_IX-2819.
Failure to Comply With PRN Contract, IAS_IX-2820.
Failure to Keep Requisite Written Records, IAS_IX-2821.
Failure to Obtain Informed Consent, IAS_IX-2822.
Failure to Obtain Requisite Professional Assistance, IAS_IX-2823.
Failure to Perform Statutory or Legal Obligation, IAS_IX-2824.
Failure to Properly Secure Patient Records, IAS_IX-2825.
Failure to Report Out-of-State Discipline, IAS_IX-2826.
Failure to Timely Update Practitioner Profile After Termination From the State Medicaid Program, IAS_IX-2827.
Failure to Update Petitioner Profile, IAS_IX-2828.
Fraudulent Conduct, IAS_IX-2829.
Gross or Repeated Malpractice, IAS_IX-2830.
Inability In Profession —
Actual Harm to a Patient Is Not Required, IAS_IX-2831.
Alcohol & Controlled Substance Abuse, IAS_IX-2832.
Impairment Distinguished From Inability, IAS_IX-2833.
Interference With Dept. Investigation, IAS_IX-2834.
Out-of-State Discipline, IAS_IX-2835.
Performing Wrong Procedure, IAS_IX-2836.
Renewal — Termination For Cause As a Medicaid Provider, IAS_IX-2837.
Sexual Misconduct, IAS_IX-2838.
Telemedicine —
Standard of Care Examined, IAS_IX-2839.
There Is No Blanket Prohibition On, IAS_IX-2840.
Treatment Recommendations & Prescription of Legend Drugs On the Sole Basis of Is Not Contemplated, IAS_IX-2841.
Termination From a Treatment Program For Impaired Physicians By the Physicians Resource Network, IAS_IX-2842.
Unacceptable Level of Care —
Cannot Be Assailed Indirectly By Charging a Violation of Record Keeping Requirements, IAS_IX-2843.
Failure to Appropriately Respond When On Call, IAS_IX-2844.
Standard of Care Defined & Discussed, IAS_IX-2845.
Standard of Care Is a Fact Question, IAS_IX-2846.
Standard of Care Must Be Established — Expert Testimony Is Generally Required, IAS_IX-2847.
Standard of Care Must Be Properly Established, IAS_IX-2848.
Unacceptable Level of Care, IAS_IX-2849.
Wrong Procedure, IAS_IX-2850.
Wrong Site Procedure, IAS_IX-2851.
License — Physician Assistant —
Authority to Dispense Controlled Substances Examined, IAS_IX-2852.
Criminal Conviction — DUI Manslaughter, IAS_IX-2853.
Failure to Timely Report Criminal Conviction to Board, IAS_IX-2854.
Prescription of a Controlled Substance Without Requisite Authorization, IAS_IX-2855.
Licensure —
Applicant Has the Burden of Proof By a Preponderance of the Evidence, IAS_IX-2856.
By Endorsement —
Foreign Medical School Graduate — Internship/Residency Requirement Cannot Be Added, IAS_IX-2857.
Foreign Medical School Graduate, IAS_IX-2858.
Licensure — Dietetics & Nutrition Practice Counsel —
Bachelor’s Degree In Health & Wellness Found Not Equivalent, IAS_IX-2859.

403.086(10) Mandate Regarding Discharge of Domestic Wastewater Examined, IAS_IX-2860.

Permit (See Also PERMITS) —
Water use —
Bay County — Public Supply & Industrial Use — Intervenor Protests — Denied, IAS_IX-2861.
Consideration of the Feasibility of Alternatives Explored, IAS_IX-2862.
County Responsibility For Water Use Planning Examined, IAS_IX-2863.
Reasonable — Beneficial Use Test Examined, IAS_IX-2864.

Appellate Order On Remand: Fernandez v. DOH, IAS_IX-2865.
Declaratory Statement (See DECLARATORY STATEMENTS)
Final Order On Appellate Remand: Health v. Georges, IAS_IX-2866.
Final Order on Motion to Assess Costs, IAS_IX-2867.
License —
Application —
False Statements On, IAS_IX-2868.
Bd. Imposition of Emergency Restrictions — Petition For Review of Nonfinal Order Denied, IAS_IX-2869.
Controlled Substances —
Fraudulent Conduct, IAS_IX-2870.
Misappropriating Controlled Substances, IAS_IX-2871.
Criminal Conviction —
Failure to Timely Report, IAS_IX-2872.
Lewd Computer Solicitation of a Child, IAS_IX-2873.
Violation of an Injunction/Resisting an Officer Without Violence, IAS_IX-2874.
Criminal Plea —
Child Abuse, IAS_IX-2875.
Failure to Timely Report, IAS_IX-2876.
Trespass, IAS_IX-2877.
Emergency Suspension —
Inability In Profession (Opioid Abuse) — Quashed Due to Failure to Demonstrate That Less Harsh Remedies Were Insufficient, IAS_IX-2878.
Exploitation of Patient For Financial Gain, IAS_IX-2879.
Failure to Comply With IPN Monitoring Contract, IAS_IX-2880.
Failure to Identify Oneself, IAS_IX-2881.
Failure to Report — Criminal Charges to the Board, IAS_IX-2882.
Fraudulent Conduct — Prohibition Against Is Broadly Construed, IAS_IX-2883.
Fraudulent Conduct, IAS_IX-2884.
Inability In Profession (Controlled Substance Abuse), IAS_IX-2885.
Inability In Profession (Mental Condition), IAS_IX-2886.
Operating Beyond Scope of License, IAS_IX-2887.
Revocation As an Upward Departure From the Rule Penalty Guidelines Affirmed & Reversed In Part After a Second Appeal, IAS_IX-2888.
Revocation Reversed Due to Failure to Provide Notice of Final Hearing, IAS_IX-2889.
Sexual Misconduct With Patient, IAS_IX-2890.
Standard of Practice —
Bd. Statutory Authority to Establish By Rule Found Lacking, IAS_IX-2891.
Unacceptable Level of Care —
Standard of Care Must Be Established With Expert Testimony, IAS_IX-2892.
Unprofessional Conduct — Stealing From a Patient, IAS_IX-2893.
Unprofessional Conduct, IAS_IX-2894.
Violation of Board Order, IAS_IX-2895.
Violation of Rule, IAS_IX-2896.
Licensure —
Application —
Criminal Conviction —
DUI/Public Alcohol Intoxication/Possession of a Controlled Substance, IAS_IX-2897.
Misdemeanor Theft & Attempted Child Endangerment, IAS_IX-2898.
False Statements On, IAS_IX-2899.
Out-Of-State Discipline — Reprimand, IAS_IX-2900.
Out-of-State Denial, IAS_IX-2901.

Declaratory Statements (See DECLARATORY STATEMENTS)

Declaratory Statement (See DECLARATORY STATEMENTS)

Licensure —
Failure to Obtain Requisite Work Experience, IAS_IX-2902.
Practicing While Unlicensed, IAS_IX-2903.

Declaratory Statement (See DECLARATORY STATEMENTS)
License —
Emergency Suspension —
Controlled Substances — Inappropriate & Excessive Prescriptions — Order to Rule On Request For Formal Hearing — Stay of Suspension Continued, IAS_IX-2904.
Criminal Plea — Possession of Cocaine & Paraphernalia, IAS_IX-2905.
Exploitation of Patient For Personal Gain, IAS_IX-2906.
Sexual Misconduct —
Exploitation of Patient For Personal Gain Charge Cannot Be Added On, IAS_IX-2907.
Patient Consent Is Not an Affirmative Defense, IAS_IX-2908.
Patient Is Conclusively Presumed to Be Incapable of Consent, IAS_IX-2909.
Severity of the Offense Is Affected By the Absence of Any Consent, IAS_IX-2910.
There Is No Distinction Between Types of Sexual Activity, IAS_IX-2911.