UO a U STATE OF FLORIDA DEPARTMENT OF HEALTH , . 00 JAN 20 PMi2: 14 ; DEY Somes ae DEPARTMENT OF HEALTH, A OMiNis Re) ve 7 HEARINGS ~ Petitioner, vs. CASE NO.: 97-1877 ERNESTO SERRANO, INC., OO0-PS/ Respondent. / I ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Pharmacy against ERNESTO SERRANO, INC., hereinafter referred to as “Respondent,” and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of pharmacy pursuant to Section 20.43, Florida Statutes (Supp. 1996); Chapter 455, Florida Statutes; and Chapter 465, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(f), Florida Statutes (Supp. 1996), the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate, including the issuance of emergency orders of suspension or restriction. _ 3. Respondent is, and has been at all times material hereto, a licensed pharmacy in the state of Florida, having been issued license number PH 0006492. WU oo UY 4. Respondent’s last known address is 10453-55 South West 40 Street (Bird Road), Miami, Florida 33165-3753. 5. During or around February 8, 1995 through February 7, 1996, the Medicaid Program Integrity Office conducted an audit of the Respondent Pharmacy. 6. The audit revealed that an overpayment of Thirteen Thousand One Hundred Fifty- Six dollars and Fifty-Threecents ($13,156.53), that in whole or in part was not covered by Medicaid, was made to Respondent Pharmacy for the time period in or around February 8, 1995 through February 7, 1996. 7. As a result of the aforementioned overpayment, Respondent Pharmacy was fined Two Thousand dollars ($2,000.00) by the Medicaid Program Integrity Office. 8. On or about December 30, 1996, Respondent Pharmacy was placed on suspension with the Medicaid Program for a period of two (2) years. 9. As of April 22, 1998, Respondent Pharmacy has failed to reimburse the Program any of the monies owed. COUNT I 10. Petitioner realleges and incorporates by reference the allegations contained in the foregoing paragraphs as if fully stated herein. 11. Based on the foregoing, Respondent's license to practice as a pharmacy in the State of Florida is subject to discipline pursuant to Section 455.624(1)(k), Florida Statutes, in violation of Section 409.913(8)(p), Florida Statutes, which states that the Department may impose administrative sanctions against a Medicaid provider if the provider fails to demonstrate that it had available during an audit sufficient quantities of goods to support billings to the Medicaid program. 12. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through nine (9) as if fully stated herein. 13. Based on the foregoing, Respondent's license to practice as a pharmacy in the State of Florida is subject to discipline pursuant to Section 455.624(1)(a), Florida Statutes, by making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee's profession. WHEREFORE, Petitioner respectfully requests the Board of Pharmacy enter an Order imposing one or more of the following penalties: revocation or suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this U}H{Aay of (Och boo , 1998, Douglas M. Cook Director FILED DEPARTMENT OF HEALTH il, Vale y: Nancy M. Snurkow: CLERK Chief Attorney DATE__1)~-13-G¥ On Behalf of the Agency for Health Care Administration

Docket for Case No: 00-000311