CHARLES E. SIMMONS, M.D., PETITIONER,
v.
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, RESPONDENT
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Dr. Simmons sought mandamus relief to compel the Agency for Health Care Administration to issue an order addressing his petition for administrative hearing on the denial of his Medicaid provider enrollment application. The court granted the petition, holding that AHCA must enter a formal order granting or denying the hearing request rather than simply refusing to take action.
AHCA has a clear legal duty under Fla. Stat. § 120.569(2)(a) to enter an order granting or denying the petition for formal administrative hearing. An agency cannot ignore a properly filed hearing request and must issue an order disposing of the petition, even if it elects to deny the hearing request.
[1] An agency has a clear legal duty to enter an order granting or denying a properly filed petition for formal administrative hearing.
[2] An agency cannot ignore a properly filed request for hearing; if it determines the petitioner is not entitled to a hearing, it must issue an order to that effect.
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Join FLexlaw to unlock all legal intelligence“An agency is not entitled to ignore a properly filed request for hearing, and if it determines that the petitioner is not entitled to a hearing, it is obligated to issue an order to that effect.”
Establishes the core holding that agencies must affirmatively issue orders addressing hearing petitions rather than simply refusing to act
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Join FLexlaw to unlock all legal intelligenceDr. Simmons filed an application to enroll as a Medicaid provider with AHCA. AHCA denied the application by letter. Dr. Simmons filed a timely petitio…
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PER CURIAM.
By a petition for writ of mandamus, Charles E. Simmons, M.D., seeks to compel the Agency for Health Care Administration to provide him a clear point of entry into agency proceedings concerning the denial of his request to enroll as a provider in the Medicaid Program. We grant the petition to the extent set forth herein.
Dr. Simmons filed an application with AHCA to enroll as a Medicaid Provider, but was informed by letter that, for reasons not material at this point, AHCA would not enter into a provider agreement with him. Dr. Simmons then filed a timely petition for formal administrative hearing concerning the denial of his enrollment request. He was informed by letter from the agency clerk, however, that no action would be taken on the request for administrative proceedings based on the agency’s position that the denial of a Medicaid provider application is a contract action over which only the courts have jurisdiction.
Although the parties have argued extensively concerning the question of whether Dr. Simmons is entitled to administrative proceedings concerning the denial of his application, we decline to reach that issue at this point. The question of whether Dr. Simmons is entitled to administrative hearing and the form thereof are matters that should be addressed on appeal from a final agency order. What seems apparent at this point, however, is that AHCA has a clear legal duty under section 120.569(2)(a), Florida Statutes, to enter an order granting or denying the petition for formal administrative hearing. An agency is not entitled to ignore a properly filed request for hearing, and if it determines that the petitioner is not entitled to a hearing, it is obligated to issue an order to that effect. See Global Water Conditioning v. Dep’t of Agriculture and Consumer Serv., 521 So. 2d 126 (Fla. 1st DCA 1987); See also Teachers Educators Ass’n, Inc. v. Duval County Sch. Dish, 763 So. 2d 1265 (Fla. 1st DCA 2000). Here, AHCA has not discharged its duty in this regard, and instead has simply responded that “no action” will be taken on Dr. Simmons’ petition.
Accordingly, we grant the petition for writ of mandamus to the extent of directing AHCA to enter an appropriate order disposing of the petition for formal administrative hearing within 15 days of the date of mandate herein. If the agency elects to deny the petition, its reasons for doing so can be fully explicated in the agency’s order, which is then subject to appeal to this court. On the other hand, if the agency grants the request for administrative proceedings in some form, its final order entered at the conclusion of those proceedings will likewise be subject to appeal.
PETITION FOR WRIT OF MANDAMUS GRANTED.
VAN NORTWICK, PADOVANO, and POLSTON, JJ., concur.
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Failer v. State, 139 So. 3d 359 (Fla. 1st DCA 2014)…. § 120.569(1), Fla. Stat. (2013). If an agency receives a request for hearing, it must grant or deny the request within 15 days of receiving the request. § 120.569(2)(a), Fla. Stat. (2013); see also Simmons v. State, Agency for Health Care Admin., 950 So. 2d 431, 432 (Fla. 1st DCA 2007) (“An agency is not entitled to ignore a properly filed request for hearing, and if it determines that the petitioner is not entitled to a hearing, it is obligated to issue an order to that effect.”); Salam v. Bd. of Prof'l E…
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Manno v. Dunn, 156 So. 3d 2 (Fla. 1st DCA 2013)…PER CURIAM. DISMISSED. See Simmons v. Agency for Health Care Admin., 950 So. 2d 431 (Fla. 1st DCA 2007); Rowell v. Dept. of Law Enforcement, 700 So. 2d 1242 (Fla. 2d DCA 1997); see generally Bondi v. Tucker, 93 So. 3d 1106 (Fla. 1st DCA 2012). THOMAS, CLARK, and SWANSON, JJ., concur.…
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First Quality Equipment Rental v. Agency for Health Care Admin., 948 So. 2d 969 (Fla. 1st DCA 2007)…t the letter from the Agency for Health Care Administration declining to take action on the appellant’s petition for formal administrative hearing does not constitute an ap-pealable order. Simmons v. Agency for Health Care Administration, 1D06-4544, 950 So. 2d 431, 2007 WL 162198 (Fla. 1st DCA January 24, 2007). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. All pending motions are denied as moot. ALLEN, PADOVANO, and LEWIS, JJ., concur.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Global Water Conditioning v. Dep't of Agric. & Consumer Servs., 521 So. 2d 126 (Fla. 1st DCA 1987)
- Teachers Educators Ass'n, Inc. v. Duval Cnty. Sch. Dist., 763 So. 2d 1265 (Fla. 1st DCA 2000)
- LaDale Maurice Mathis v. State, 763 So. 2d 1265 (Fla. 1st DCA 2000)