Cape Memorial Hospital, Inc. d/b/a Cape Coral etc. v. State of Florida, Agency for Health Care etc.

• Court: District Court of Appeal of Florida
• Decided: February 27, 2019
• Docket: 16-5310
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D16-5310 _____________________________

CAPE MEMORIAL HOSPITAL, INC. d/b/a CAPE CORAL HOSPITAL,

Appellant,

v.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Appellee. _____________________________

On appeal from a Final Order of the Agency for Health Care Administration. Justin Senior, Interim Secretary.

February 27, 2019

PER CURIAM.

Appellant, Cape Memorial Hospital, Inc., challenges a final order issued by the Agency for Health Care Administration (“AHCA”), finding it was overpaid with Medicaid funds for services provided to undocumented aliens. As AHCA is barred from conducting a retrospective review of prior authorized claims pursuant to section 409.905(5)(a), Florida Statutes, the Final Order is reversed and no overpayment is owed by Appellant. Lee Mem’l Health Sys. Gulf Coast Med. Ctr. v. State of Fla., Agency for Health Care Admin., 1D16-1969, (Fla. 1st DCA Feb. 27, 2019). REVERSED and REMANDED for entry of an order consistent with this opinion

B.L. THOMAS, C.J., and JAY and M.K. THOMAS, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Joanne B. Erde and Donna Holshouser Stinson of Duane Morris LLP, Miami, for Appellant.

Tracy Cooper George of the Agency for Health Care Administration, Tallahassee, for Appellee.