I

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

THE PEDIATRIC CENTER, INC.,

zom JAN -1 A 10: 25

vs.

Petitioner,

DOAH Case No.: 06-2454MPI

Provider No.: 378772900

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

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FINAL ORDER

THIS CAUSE came before me for issuance of a Final Order on a Final Audit Report ("FAR") dated June 12, 2006 (C.I. No. 06-4078-000). By the Final Audit Report, the Agency for Health Care Administration ("ARCA" or "Agency"), informed the Petitioner, The Pediatric Center, Inc., (hereinafter "PROVIDER"), that the Agency was seeking to recover overpayments in the amount of $72,202.51, a fine. sanction of

$2,000.00 pursuant to Sections 409.913(15), (16), and (17), Florida Statutes, and Rule 590-9.070, Florida Administrative Code and a Corrective Action Plan in the form of provider education. The Final Audit Report provided full disclosure and notice to the PROVIDER of procedures for requesting an administrative hearing to contest the sanction.

The PROVIDER filed a petition with the Agency requesting a formal administrative hearing on or about June 12, 2006. The Agency forwarded PROVIDER'S hearing request to the Division of Administrative Hearings ("DOAH") for a formal administrative hearing. DOAH closed its file and relinquished jurisdiction to ARCA on October 2, 2006.

Page 1 of5

Filed January 11, 2010 4:24 PM Division of Administrative Hearings.

FINDINGS OF FACT

The PROVIDER received the FAR that gave notice of PROVIDER'S right to an administrative hearing regarding the fine. The PROVIDER filed a petition requesting an administrative hearing, and the administrative hearing case was CLOSED. PROVIDER chose not to dispute the facts set forth in the Final Agency Audit Report dated June 12, 2006. The facts alleged in the FAR are hereby deemed admitted. The Agency hereby adopts the facts as set forth in the FAR, including the fine amount of $2,000.00, the requirement to complete a corrective action plan in the form of provider education, and repayment of the $72,202.51 overpayment and payment of a $2,000.00 fine. The Petitioner entered into a payment Plan Agreement with the Agency on August 13, 2007.

CONCLUSIONS OF LAW

The Agency incorporates and adopts each and every relevant statement and conclusion of law set forth in the Final Agency Audit Report dated June 12, 2006. The admitted facts support the legal conclusion that the fine in the amount of $2,000.00 is appropriate from PROVIDER to the Agency, and that the provider is required to complete a provider education course within 30 days of the issuance of this order and submit proof of compliance with the corrective action plan within 90 days of issuance of this order. Further, the PROVIDER will abide by the terms of the Payment Plan Agreement executed on August 13, 2007.

Based on the foregoing, it is

ORDERED AND ADJUDGED that PROVIDER submits proof of compliance with the corrective action plan within 90 days of issuance of this order. The Provider

shall abide by all terms of the Payment Plan Agreement until such time as both the

overpayment and sanction have been recouped by the Agency.

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DONE AND ORDERED this _':>_ day of

Tallahassee, Leon County, Florida.

, 201.Q_, m

Thomas W. Arnold, Secclary

Agency for Health Care Administration

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY ALONG WITH FILING FEE AS PRESCRIBED BY LAW,WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE · FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

Copies Furnished to:

Anthony C. Vitale, Esquire The Health Law Offices

2333 Brickell Avenue, Suite A-1 Miami, Florida 33129

Attn: Chris Parella

Ken Yon, Chief

Agency for Health Care Administration Medicaid Program Integrity

2727 Mahan Drive, Tallahassee, Florida (Interoffice)

Peter Williams, Inspector General Agency for Health Care Administration 2727 Mahan Drive, Tallahassee, Florida (Interoffice)

Willis F. Melvin, Jr. Assistant General Counsel

Agency for Health Care Administration (Interoffice)

Finance & Accounting (Interoffice)

Division of Health Quality Assurance (via email)

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served to the above named addresses by U.S. Mail or interoffice mail this "I y of

Richard siiidler

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308-5403

(850) 922-5873

Docket for Case No: 06-002454MPI

Orders for Case No: 06-002454MPI