ORDERS:
FINAL ORDER
I heard this matter September 28, 2006 at Columbia. Present were Mrs. Diane Bridges for Appellant, Carolina Medical Supply, Inc. (Carolina) and George R. Burnett for the Respondent, South Carolina Department of Health and Human Services (DHHS). This appeal concerned whether there is evidence to support Respondent’s Hearing Officer’s denial of Carolina’s appeal. DHHS had conducted a post-payment review of Carolina’s Medicaid reimbursement, which revealed that Carolina had been overpaid approximately $37,144.41. After an informal hearing, this amount was reduced to $35,276.93.
On September 9, 2004 the Hearing Officer wrote Mr. Mike Bridges, President of Carolinas Medical Supply of SC, Inc., asking if he wanted to go forward with his appeal in light of the reduction in the proposed recoupment amount. The Hearing Officer asked for a response from Carolina by September 24, 2006. No response was received by DHHS. On October 8, 2004, the appeal was dismissed. A week later, Mr. Bridges wrote to continue the appeal. The Hearing Officer refused to reopen the appeal and informed him of his further rights to appeal to the Administrative Law Court. This appeal followed. After several misdirected letters, briefs and notices, a hearing was held on September 28, 2006.
At the hearing, Appellant recited all the misdirected letters and notices. She stated that after the DHHS informal hearing, she told her husband to get out of the business and not have to deal with the Medicaid program any more. She mentioned that her husband had been killed in a car wreck in January 2006; that Carolina was out of business; and that she had dealt with the Probate Court in Spartanburg. Upon hearing this, the Court recessed and requested Respondent to determine from the Secretary of State exactly what was Carolina’s corporate status. Respondent determined from the Secretary of State that Carolina’s corporate charter had been forfeited in 2000 for failure to file certain required reports.
In light of the above facts, I make the following findings of fact:
- This appeal was timely filed.
- Carolina Medical Supply, Inc. lost its corporate status in the year 2000. It is no longer a corporation and its status is uncertain.
- The appeal was brought in the name of the business and there is no evidence to show that Mrs. Bridges has or had any official status with the corporation such that she could represent it in a court of law.
- Mrs. Bridges, therefore, has standing neither to bring this appeal nor to argue it.
- This appeal therefore should be dismissed.
IT IS THEREFORE ORDERED:
This appeal is dismissed.
AND IT IS SO ORDERED.
_____________________________
The Honorable Carolyn C. Matthews
Administrative Law Judge
Columbia, South Carolina
December 1, 2006 |
