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OAH 15-1800-17801-2 |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF HUMAN SERVICES
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In the Matter of the SIRS Appeal of Platinum Health Care, Inc. |
FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION |
This matter is before Administrative Law Judge Beverly Jones Heydinger pursuant to a Notice of and Order for Hearing issued on January 18, 2007, to address whether the Department of Human Services properly terminated the provider number for Platinum Health Care, Inc., and whether the Department properly determined that it had overpaid Platinum Health Care, Inc. $10,053.14 for personal care services. The parties agreed to proceed to hearing solely on the issue of the proper termination of the provider number. A Recommendation for Partial Summary Disposition addressing termination of the provider number was issued on June 20, 2007. At that time Platinum Health Care, Inc. was directed to notify the Administrative Law Judge if it intended to pursue an appeal of the Department’s determination that Platinum Health Care, Inc. had been overpaid. By letter dated June 27, 2007, Platinum Health Care, Inc. notified the undersigned that it did not intend to pursue its appeal of the overpayment.
Appearances:
Erika Schneller Sullivan, Assistant Attorney
General,
Douglas B. Fink, Fink Law Offices,
Randall K. Strand, Attorney at Law, Rosedale Towers, Suite 200, 1700 W. Highway 36, Roseville, MN 55113, appeared on behalf of Ebizimo Nagberi and Platinum Health Care, Inc.
Since there are no remaining issues to be decided in this contested case proceeding,
It is hereby respectfully recommended that:
1. The Commissioner AFFIRM the termination of Platinum Health Care, Inc.’s provider number, effective December 31, 2006, for the reasons set forth in the Recommendation for Partial Summary Disposition issued June 20, 2007, and incorporated herein by reference.
2. The Commissioner DISMISS Iola McCullough’s request to recover attorney’s fees, representative fees, costs and expenses under Minnesota’s Equal Access to Justice Act as premature, for the reasons set forth in the Recommendation for Partial Summary Disposition issued June 20, 2007, and incorporated herein by reference;
3. Since Platinum Health Care’s appeal of the overpayment of $10,053.14 has been withdrawn, the Department’s determination shall be considered final.
Dated this 2nd day of July, 2007
_/s/
Beverly Jones Heydinger_
BEVERLY
JONES HEYDINGER
Administrative
Law Judge
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 and may
adopt, reject or modify these Findings of Fact, Conclusions, and
Recommendation. Under Minn. Stat. §
14.61, the Commissioner shall not make a final decision until this Report has
been made available to the parties for at least ten days. The parties may file exceptions to this
Report and the Commissioner must consider the exceptions in making a final
decision. Parties should contact Cal Ludeman, Commissioner of Human Services,
If the Commissioner fails to issue a final
decision within 90 days of the close of the record, this report will constitute
the final agency decision under Minn. Stat. § 14.62, subd. 2a. The record closes upon the filing of
exceptions to the report and the presentation of argument to the Commissioner,
or upon the expiration of the deadline for doing so. The Commissioner must notify the parties and
the Administrative Law Judge of the date on which the record closes.
Pursuant to Minn. Stat. § 14.62, subd. 1,
the Commissioner is required to serve its final decision upon each party and
the Administrative Law Judge by first class mail.