STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ENCY Chern STATE OF FLORIDA, 108 FEB 12 BD 2:3] AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, . JUDGE CLAUDE B. ARRINGTON CASE NO. 07-5045MPI/ C.I. No. 03-1518-000 vs. CASE NO. 07-5046MPI/ C.I. No. 02-0769-000 XPRESS RX PHARMACY, INC., Respondent. FINAL ORDER THIS CAUSE is before me for issuance of a Final Order. Ina letter (a/k/a “Final Agency Audit Report” or “FAAR”) dated October] 6, 2004, C. I. No. 03-1518-000, XPress RX Pharmacy, Inc. (Responfent) was informed that the State of Florida, Agency for Health Care Administration (Agency) was seeking to recoup Medicaid overpayments in the amount of $263,379.81. Ina letter dated October 8, 2004, C.I. No. 02-0769-000, Respondent was informed that the Agency was seeking to recoup Medicaid overpayments in the amount of $103,041.88. Both letters contained full disclosure regarding Petitioner’s administrative hearing and due process rights. Petitioner requested formal-administrative hearings to dispute the facts contained in both letters. Case Nol 07-S5045MPI and 07-5046MPI C.I. Nol 03-1518-000-3/H/RDS C.I. Nol 02-0769-000-3/H/RDS Petitions for Formal Administrative Hearings were filed on October] 26, 2004 for the October 6, 2004 FAAR, C.I. No. 03-1518- 000, and the October 8, 2004 FAAR, C.I. No. 02-0769-000. On| November 10, 2004, the Petitions were forwarded to the Division of Administrative Hearings (“DOAH”) by the Agency and assignefi to an Administrative Law Judge (“ALJ”). The Petition for Formal Administrative Hearing as to the October 6, 2004 FAAR, C.I. Nol, 03-1518-000 was assigned Case No. 07-5045MPI. The Petition for Formal Administrative Hearing as to the October 8, 2004 FARR, C.I. No. 02-0769-000 was assigned DOAH Case No. 07- 5O46MPI). On| November 20, 2007, the Respondent filed a Notice of Withdrawal of Petition for Formal Hearing as to DOAH Case No. 07- 5045MPI|, C.I. No. 03-1518-000, and DOAH Case No. 07-S5046MPI, C.I. No. 02-(0769-000. Onl November 20, 2007, the ALJ issued an Order Closing File based on the Respondent’s Notice of Withdrawal of Petition for Formal Hearing in both DOAH Case No. 07-5045MPI and 07-5046MPI. IT) IS THEREFORE ORDERED AND ADJUDGED THAT: Balsed upon the foregoing, the Petitions for Formal Administrative Hearing as to the October 6, 2004 FAAR, C.I. No. 03-1518/-000, DOAH Case No. 07-5045MPI, and the October 8, 2004 FAAR, G. I. No. 02-0769-000, DOAH Case No. 07-5046MPI, are dismissed. Unless payment has already been made, payment in full Case No| 07-5045MPI and 07-5046MPI C.I. No| 03-1518-000-3/H/RDS C.I. No| 02-0769-000-3/H/RDS of $263|379.81 for the October 6, 2004 FAAR, C.I. No. 03-1518- 000, DOAH Case No. 07-5045MPI; plus $103,041.88 for the October 8, 2004|/ FAAR, C.I. No. 02-0769-000, DOAH Case No. 07-5046MPI for a total|repayment of $366,421.69; plus statutory interest as set forth in §409.913(25)(c), F.S. are now due from the Respondent as a result of the agency action. Such payment shall be made in full within 30 days of the filing of this Final Order. The payment|shall be made by check payable to Agency for Health Care Administration, and shall be mailed to the Agency for Health Care Administration, Office of Finance and Accounting, 2727 Mahan Drive, Mail Stop 14, Tallahassee, Florida 32308. DOWE and ORDERED this /f day of be. 1 200 f in Tallahassee, Florida. po Cc. Lene M.D., SECRETARY foe ok for Health Care Administration 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 ONG 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. Case No] 07-5045MPI and 07-5046MPI C.I. No| 03-1518-000-3/H/RDS C.I. No] 02-0769-000-3/H/RDS CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. mail or , ao interoffice mail to the persons named below on this Lé day of fe aes , 2005 RICHARD J. SHOOP, AGENCY CLERK Agency for Health Care Administration 2727 Mahan Drive, MS 3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: Claude B. Arrington Administrative Law Judge Division of Administrative Hearings The DeSpto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Anthony] C. Vitale, P.A. Attorney for the Respondent The Health Law Offices of Anthony C. Vitale, P.A. 2333 Brickell Avenue, Suite A-1 Miami, Florida 33129 Debora —. Fridie, Esquire Assistant General Counsel Agency ffor Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, Florida 32308 D. Kenneth Yon, Medicaid Program Integrity, MS #6 Ramona Stewart, Medicaid Program Integrity, MS #6 Katrinal Derico-Harris, Finance & Accounting, MS #14

Docket for Case No: 07-005046MPI