CAPE MEMORIAL HOSPITAL INC v. AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

District Court of Appeal of Florida, First District.

CAPE MEMORIAL HOSPITAL, INC. d/b/a Cape Coral Hospital, Appellant, v. State of Florida, AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee.

No. 1D16-5310

Decided: February 27, 2019

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.

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

Per Curiam.

B.L. Thomas, C.J., and Jay and M.K. Thomas, JJ., concur.

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