Lee Memorial Health System d/b/a Lee Memorial etc. v. State of Florida, Agency for Health Care etc.

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D16-3975
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LEE MEMORIAL HEALTH SYSTEM
d/b/a LEE MEMORIAL HOSPITAL,

Appellant,

v.

STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,

Appellee.
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On appeal from a Final Order of the Agency for Health Care
Administration.
Elizabeth Dudek, Secretary.

February 27, 2019

PER CURIAM.

Appellant, Lee Memorial Health System, 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.

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

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