V.T.
v.
LIBERTY DENTAL PLAN OF FLORIDA, INC.
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V.T., a Medicaid recipient under a dental plan administered by Liberty Dental, appealed the dismissal of her request for a Medicaid Fair Hearing. The Agency for Health Care Administration dismissed her request as untimely because it was filed 141 days after Liberty Dental sent her a Notice of Plan Appeal Resolution, exceeding the 120-day statutory deadline.
The court affirmed the Agency's dismissal of V.T.'s fair hearing request as untimely. Under Florida Administrative Code Rule 59G-1.100(8)(g), a fair hearing request must be received by the Agency within 120 days of the date the required NPAR is sent to the enrollee, and a Hearing Officer is authorized to dismiss untimely requests.
[1] A fair hearing request must be received by the health care administration agency within 120 days of the date the Notice of Plan Appeal Resolution is sent to the enrollee,…
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Join FLexlaw to unlock all legal intelligence“A fair hearing request by an enrollee must be received by the Agency within 120 days of the date the required NPAR is sent to the enrollee.”
Statement of the applicable regulatory deadline from Fla. Admin. Code R. 59G-1.100(8)(g)
V.T. was a Medicaid recipient under a dental plan administered by Liberty Dental. Liberty Dental denied her appeal and issued a Notice of Plan Appeal …
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Opinion filed February 2, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-1194 Lower Tribunal No. 21-FH0743 ________________ V.T., Appellant, vs. Liberty Dental Plan of Florida, Inc., Appellee.
An appeal from the State of Florida Agency for Health Care Administration, Office of Fair Hearings. V.T., in proper person. Ausley McMullen, and Erik M. Figlio, and Alexandra E. Akre (Tallahassee), for appellee. Before LOGUE, MILLER, and LOBREE, JJ. MILLER, J.
Appellant, V.T., a Medicaid recipient under a plan administered by Liberty Dental, challenges a final order of the Agency for Health Care Administration (the “Agency”) dismissing her request for a Medicaid Fair Hearing. Because the Agency received appellant’s request 141 days after Liberty Dental denied her appeal and issued a Notice of Plan Appeal Resolution (“NPAR”), along with information regarding the right to request a fair hearing, and appellant’s initial brief fails to identify any specific error below, we affirm the order under review. See Fla. Admin. Code R. 59G-1.100(8)(g) (“A fair hearing request by an enrollee must be received by the Agency within 120 days of the date the required NPAR is sent to the enrollee.”); Fla. Admin. Code R. 59G-1.100(9)(b)3. (“A Hearing Officer is authorized to deny or dismiss a request for a fair hearing for reasons consistent with this rule, including the following: . . . [a] fair hearing request is untimely.”); see also Hoskins v. State, 75 So. 3d 250, 257 (Fla. 2011) (“[T]his argument was not raised in the initial brief filed here. Accordingly, the claim is barred.”); Tillery v. Fla. Dep’t of Juv. Just., 104 So. 3d 1253, 1255–56 (Fla. 1st DCA 2013) (holding that an argument not raised in an initial brief is waived).
Affirmed.
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