IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
L.L.L.,
Appellant,
v. Case No. 5D16-2409
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Appellee.
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Opinion filed March 24, 2017
Administrative Appeal from the
Agency for Health Care
Administration.
L.L.L., Daytona Beach, pro se.
Andrew T. Sheeran and Tracy C. George,
of the Agency for Health Care
Administration, Tallahassee, for Appellee.
ON CONCESSION OF ERROR
PER CURIAM.
The appellant appeals an administrative Final Order of the Department of Children
and Families, Office of Appeal Hearings, upholding his Medicaid health plan’s denial of
prior authorization for dental care.
The appellee, the Florida Agency for Health Care Administration, concedes in its
brief that “[a] due process violation occurred because the Hearing Officer was provided
and relied upon an inapplicable policy and [the appellant] was not given an opportunity to
examine or rebut the legal authority provided to the Hearing Officer.” The appellee also
concedes that “the case should be remanded to reopen the fair hearing to give the parties
an opportunity to present evidence and argument in rebuttal and for the Hearing Officer
to make a determination based on the applicable policy.” We agree. Accordingly, we
reverse the order under review and remand for another hearing.
REVERSED and REMANDED.
SAWAYA, PALMER and TORPY, JJ., concur.
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