11-1800-12641-2
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF HUMAN SERVICES
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In the Matter of the Rate Appeal of Hopkins Care Center
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FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION |
The above-entitled matter came on for prehearing conference before Administrative Law Judge Barbara L. Neilson on January 25, 2000, at 1:30 p.m. at the Office of Administrative Hearings in Minneapolis, Minnesota. David A. Rowley, Assistant Attorney General, Suite 900, 445 Minnesota Street, St. Paul, Minnesota 55101-2128, appeared on behalf of the Department of Human Services ("the Department"). There was no appearance by or on behalf of the Respondent, Hopkins Care Center. The record closed on January 25, 2000.
This Report is a recommendation, not a final decision. The Commissioner of Human Services will make the final decision after a review of the record. The Commissioner may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendations. Under Minn. Stat. § 14.61, the final decision of the Commissioner shall not be made until this Report has been made available to the parties to the proceeding for at least ten days. An opportunity must be afforded to each party adversely affected by this Report to file exceptions and present argument to the Commissioner. Parties should contact Michael O’Keefe, Commissioner, Minnesota Department of Human Services, 2nd Floor, 444 Layfayette Road, St. Paul, Minnesota 55155 (tel. no. (651) 296-2701), to ascertain the procedure for filing exceptions or presenting argument.
STATEMENT OF ISSUE
The issue in this case is whether the Department’s field auditors properly disallowed a development fee and an adjustment to the financing interest rate for the Respondent for the rate period July 1, 1994, through June 30, 1995, based upon a field audit for the fiscal period ending June 30, 1995.
Based upon all of the proceedings herein, the Administrative Law Judge makes the following:
FINDINGS OF FACT
1. The Department disallowed a development fee and an adjustment to the financing interest rate for the Respondent for the rate period July 1, 1994, through June 30, 1995, based upon the field audit for the fiscal period ending June 30, 1995. (Notice of and Order for Hearing and Prehearing Conference.)
2. The Respondent appealed the Department’s field audit adjustments by appeal letter dated August 28, 1995. The Department issued Determinations regarding the appealed items on August 30, 1996. By letter dated July 23, 1996, the provider declined to accept the Department’s Determinations and requested a hearing on the appealed items. (Notice of and Order for Hearing and Prehearing Conference, Exs. A and B.)
3. The Notice of and Order for Hearing and Prehearing Conference in this matter was served upon the Respondent by U.S. mail on December 7, 1999, at Hopkins Care Center, 725 Second Avenue South, Hopkins, Minnesota 55343. (Affidavit of Service of Darlene Williams.)
4. Counsel for the Department attempted to contact the Respondent prior to the Prehearing Conference and also left a message with Respondent on January 25, 2000, prior to the Prehearing Conference, reminding the Respondent that a Prehearing Conference was scheduled later that day.
5. The Respondent did not file any Notice of Appearance with the Administrative Law Judge or make any request for a continuance or any other relief. The Respondent did not appear at the prehearing conference scheduled for January 25, 2000, or have an appearance made on its behalf. The Respondent also did not contact the Administrative Law Judge between January 25, 2000, and the date on which this Report was issued.
6. Because the Respondent failed to appear at the prehearing conference in this matter, it is in default. Pursuant to Minn. R. 1400.6000, the allegations contained in the Notice of and Order for Hearing and Notice of Pre-Hearing Conference are hereby taken as true and incorporated into these Findings of Fact.
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following:
CONCLUSIONS
1. The Minnesota Department of Human Services and the Administrative Law Judge have jurisdiction over this matter pursuant to Minn. Stat. §§ 14.50, 256B.27, 256B.41 and 256B.50, and Minn. R. 9549.0010 to 9549.0080.
2. The Department has given proper notice of the hearing in this matter and has fulfilled all relevant substantive and procedural requirements of law and rule.
3. Pursuant to Minn. R. 1400.6000, “[a] default occurs when a party fails to appear without the prior consent of the judge at a prehearing conference, settlement conference, or a hearing or fails to comply with any interlocutory orders of the judge.”
4. The Respondent, having made no appearance at the prehearing conference, and not requesting any continuance or relief, is in default. Pursuant to Minn. Stat. § 1400.6000, the allegations contained in the Notice of and Order for Hearing and Prehearing Conference are hereby taken as true. Accordingly, the Respondent has not shown that the determination by the Department of its payment rate was incorrect.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the following:
RECOMMENDATION
IT IS HEREBY RESPECTFULLY RECOMMENDED that the Commissioner of Human Services affirm the Department’s disallowance of a development fee and an adjustment to the financing interest rate for the Respondent for the rate period July 1, 1994, through June 30, 1995, based upon a field audit for the fiscal period ending June 30, 1995.
Dated this 8th day of February, 2000
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BARBARA L. NEILSON
Administrative Law Judge
Reported: Default.
Under to Minn. Stat. § 14.62, subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail or as otherwise provided by law.