STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ANWAR M. VARDAG, M.D., Petitioner, DOAH CASE NO. 04-4624MPI C.I. NO. 95-0132-090 v. PROVIDER NO. 370444100 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, / FINAL ORDER THIS CAUSE concems a Petition for Formal Administrative Hearing that the P8titioner filed on October 12, 2004. On December 27, 2004, the Petition was forwarded to the Division of Administrative Hearings by the Agency and assigned to an Administrative Law Judge. The Petitioner was also a party to a Rule Challenge that was filed on January 13, 2005, in DOAH Case No. 05-0092RX, which contested the validity of the Agency’s critical care rule contained in the Agency handbook that was in effect during the audit period in this case, and that was applied to determine the overpayment alleged in the Final Agency Audit Letter (FAAL) that was issued in this case. Based on the rule challenge, the Agency revised its critical care rule, and, following the final adoption of the handbook containing the revised critical care rule, the tule challenge was later voluntarily dismissed with prejudice on August 25, 2005. On April 8, 2005, the Administrative Law Judge assigned to this case issued an Order Closing File based on the parties’ representation that the adoption by the Agency of a handbook containing a critical care rule revised to be in compliance with federal law would have the effect of negating the overpayment alleged in this case. On August 31, 2005, the parties filed a Joint Notice of Withdrawal with Prejudice of Petition for Formal Hearing (“Joint Notice”). The Joint Notice advised that, had the revised critical care rule been applied, there would have been no overpayment alleged against Petitioner in this case. The Joint Notice operated both as a withdrawal with prejudice of the Petition for Formal Administrative Hearing, and as a rescission by the Agency of the FAAL issued in this case, along with an agreement by the Agency that it would not re-issue another FAAL alleging any overpayment for the audit period in question. The Joint Notice further provided that each of the parties would bear its respective attorney’s fees and costs. IT IS THEREFORE ORDERED AND ADJUDGED THAT: - The Petition for Formal Administrative Hearing is dismissed with prejudice; - The FAAL issued by the Agency in this case is hereby rescinded; - The Agency shall not issue another FAAL alleging any overpayment for the audit period in question; - Each party shall bear its own attorney’s fees and costs associated with this case; and - This case is now closed. ciLs ; DONE and ORDERED this gh day of STE CngG , 2005, in Tallahassee, fer ox LEVINE, Secretary AGENCY FOR HEALTH CARE ADMINISTRATION Florida. NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY ALONG WITH THE FILING FEE 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 THE RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named below on this 3oF- day of Sythe, 2005. RICHARD J. SHOOP, Agerféy Clerk Agency for Health Care Administration 2727 Mahan Drive, MS#3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: Stuart M. Lerner Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Donna Riselli, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, MS#3 Tallahassee, Florida 32308 Gary J. Clarke, Esquire Sternstein, Rainer & Clark 411 Hast College Avenue Tallahassee, Florida 32301 Medicaid Program Integrity Agency for Health Care Administration 2727 Mahan Drive, MS#4 Fort Knox Building I Tallahassee, Florida 32308 . STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ANWAR M. VARDAG, M.D., Petitioner, CASE NO: 04-4624MPI v. Provider No. 370444100 C.I. No. 95-0432-090 Le iy SOO STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, 9Z -h cd Respondent. JOINT NOTICE OF WITHDRAWAL WITH PREJUDICE OF PETITION FOR FORMAL ADMINISTRATIVE HEARING Petitioner, ANWAR VARDAG, M.D., joined by Respondent, AGENCY FOR HEALTH CARE ADMINISTRATION, through their respective counsel hereby file this Notice of Withdrawal with Prejudice of Petition for Administrative Hearing, and state: 1. Petitioner in this cause was a party to a rule challenge filed separately with the Division of Administrative Hearings, challenging the validity of the critical care rule contained in the Agency handbook that was in effect during the audit period in this case (January 1, 1997 to April 30, 2000) and that was applied to determine the overpayment alleged in the FAAL issued by the Agency from which Petitioner has appealed. 2. The Agency has revised the critical care rule and the rule challenge petition has been voluntarily dismissed with prejudice. 3. Under the revised critical care rule, there would have been no overpayment alleged against the Petitioner. 4, By virtue of this Joint Notice of Withdrawal with Prejudice of Petition for Formal Administrative Hearing, the Agency rescinds the FAAL issued to the Petitioner for this audit period and agrees that it will not re-issue a FAAL alleging any overpayment for the audit period in question. 5. Each of the parties will bear responsibility for the payment of its respective attorney’s fees and costs associated with the captioned cause. 6. Because the FAAL that formed the basis for Petitioner's appeal is rescinded by virtue of this pleading, there remains no issue in contention between the parties, and nothing for Petitioner to appeal. 7. Counsel for Petitioner has conferred with counsel for Respondent, who has authorized him to file the instant Joint Notice. 8. Accordingly, the Parties request that the Agency Clerk issue a Final Order consistent with this Joint Notice of Withdrawal with Prejudice of Petition for Formal Administrative Hearing. r Submitted this I/e day of Lagust 2005. STERNSTEIN, RAINER & CLARKE Ye Py 7. ell.” Dénna Riselli, Esquire Florida Bar No. 325821 Agency for Health Care 411 East College Avenue Administration _ Tallahassee, FL 32301 2727 Mahan Drive, Bldg. 3, MS3 (850) 577-6557, ext. 14 Tallahassee, FL 32308 (850) 577-6599 (fax) (850) 922-5873 (850) 413-9313 (fax) STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ANWAR M. VARDAG, M.D., Petitioner, Case No. 04-4624MPI Vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. ORDER CLOSING FILE This cause having come before the undersigned on the Status Report, filed by Petitioner on April 7, 2005, and the undersigned being fully advised, it is, therefore, ' ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed without prejudice to either party requesting that the case be reopened if a settlement is not finalized. DONE AND ORDERED this 8th day of April, 2005, in Tallahassee, Leon County, Florida. m- STUART M. LERNER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 8th day of April, 2005. COPIES FURNISHED: Donna Riselli, Esquire Agency for Health Care Administration Fort Knox Executive Center, Mail Station 3 2727 Mahan Drive, Suite 3431 Tallahassee, Florida 32308-5403 Gary J. Clarke, Esquire Sternstein, Rainer & Clarke, P.A. 411 East College Avenue Tallahassee, Florida 32301

Docket for Case No: 04-004624MPI