Gustavo R. Suarez

Gustavo R. Suarez's Legal Cases (8)

Coral Gables, FL

Health care Lawyer at Coral Gables, FL

Practice Areas: Health Care, Business, Personal Injury

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Health care

AHCA HHA license saved

Jan 01, 2014

OUTCOME: Final Order Set Aside

A home health agency that has been in business in Miami-Dade County for over 20 years had its Medicare billing privileges revoked. During the successful appeal of the revocation, the Florida Agency for ... Health Care Administration ("AHCA") commenced proceedings to revoke the company's HHA license based on the Medicare revocation. After the company failed to request a hearing within the 21 days provided by Florida law, AHCA entered a Final Order revoking the company's HHA license. The company then retained the firm which proceeded to file a successful emergency motion to set aside the Final Order. As a result, the company's HHA license was saved and the company was able to continue operating as a home health agency in Florida.

Health care

Medicare overpayment defense

Jul 19, 2013

OUTCOME: $730,000 Over Payment reduced to $6,000

CMS sought recovery of alleged overpayment in excess of $730,000 from diagnostic laboratory. We appealed OP determination.

Health care

Defense of AHCA Administrative Complaint

May 09, 2013

OUTCOME: HHA License Saved

AHCA filed administrative complaint v. home health agency seeking revocation of HHA license for failure to maintain accreditation during licensure period alleging that HHA must maintain accreditation a ... t all times. We successfully argued that AHCA did not have authority to revoke license under applicable Florida law and Fla. Administrative Code as this was attempted enforcement of an unpromulgated rule by AHCA.

Health care

Defense of AHCA Administrative Complaint

Dec 21, 2012

OUTCOME: ALF License Renewed

After ALF submitted its license renewal application, AHCA issued a notice of intent to deny the renewal of its license alleging a pattern of deficient practices as well as other multiple deficiencies a ... nd violations.We successfully defended ALF and license was renewed.

Health care

Medicare Revocation Matter

Oct 05, 2012

OUTCOME: Billing privileges reinstated retroactively

CMS revoked billing privileges of diagnostic laboratory alleging provider was billing for services rendered to deceased Medicare beneficiaries. Successfully appealed revocation and proved that patients ... were not deceased at time services were rendered.

Health care

Medicare Revocation Matter

Mar 06, 2012

OUTCOME: Billing privileges reinstated retroactively,AHCA case dismissed and Medicaid reinstated

CMS revoked HHA's billing privileges after CMS inspectors alleged HHA was non-compliant by failing to maintain a practice location that was operating. Soon after, AHCA filed administrative complaint se ... eking HHA license revocation and Florida Medicaid authorization was also terminated based on CMS revocation. We successfully appealed the CMS revocation and thereafter were able to dismiss AHCA action and reinstate the HHA's Medicaid authorization.

Health care

Defense of Department of Health Disciplinary Proceeding v. ARNP

Sep 01, 2010

OUTCOME: Settled

DOH initiated investigation of an Advanced Registered Nurse Practitioner ("ARNP") alleging improper medication management in a psychiatric setting. We successfully defended ARNP and obtained favorable ... settlement whereby ARNP participated in IPN program and license remained active and in good standing.

Health care

Defense of Department of Health Disciplinary Proceeding v. ARNP

Jun 25, 2009

OUTCOME: Settled

DOH filed administrative complaint v. Advanced Registered Nurse Practitioner ("ARNP") practicing in the mental health field seeking revocation of ARNP's Board of Nursing License based on allegations of ... professional misconduct, including, but not limited to, allegations that ARNP departed from minimal standards of acceptable and prevailing nursing practice. We successfully defended ARNP and obtained favorable settlement whereby ARNP's license remained active and in good standing.

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