STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEC 3! 03 AHCA AMBUCARE INFUSION, INC., oEPARTMENT CLER Petitioner, ’ ’ CD vs. CASE NO. 00-3560 2ML PROVIDER NO. 106223900, Yy STATE OF FLORIDA, AUDIT C.I. NO. 00-0384-000-3'y AGENCY FOR HEALTH CARE Hie, ADMINISTRATION, Wop, Age Respondent. Se, / FINAL ORDER THIS CAUSE is before me for issuance of a Final Order. FINDINGS OF FACT 1. In a letter dated May 8, 2000, Ambucare Infusion, Inc. (Petitioner) was informed that the State of Florida, Agency for Health Care Administration (Agency) was seeking to recoup Medicaid overpayments in the amount of $4,717,525.00. The letter was sent Certified Mail, return receipt requested, to Petitioner, who signed for iton May 11, 2000. 2. On May 30, 2000, Petitioner requested and was granted a formal hearing and was assigned DOAH case number 00-3560. Subsequent to a final hearing, the Medicaid Fraud Control Unit of the Attorney General’s Office investigated Petitioner and arrested and charged the owner of Ambucare Infusion, Inc. with various criminal violations, including Medicaid fraud. During this investigation, AHCA proceedings were abated. 3. On November 24, 2003, Petitioner filed a motion withdrawing the petition for formal hearing and requesting that the matter be referred back to the Agency for resolution. CONCLUSIONS OF LAW 4. | The Agency incorporates and adopts the factual allegations, statements and conclusions of law as set forth in the Final Agency Audit letter dated May 8, 2000. 5. The facts so adopted, and thereby admitted, support the conclusion that the amount of the stated overpayment is due and owing, under the law generally set forth in the Final Audit Letter. ORDER BASED on the forgoing, it is ORDERED and ADJUDGED that Respondent refund, forthwith, the sum of $4,717,525.00, together with interest as set forth in §409.913(24)(b), Florida Statutes, accrued since May 8, 2000, at the statutory rate. Respondent shall make payment in full within 30 days of the rendition of this final order. DONE and ORDERED this ay Nay of De Leni. > 2007, in Tallahassee, 2 li Pratt ! fr Rhonda M. lows, MD, Secretary Agency for Héalth Care Administration Florida. 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: teroffice mail) L. William Porter II, Esquire Agency Clerk Agency for Health Care Administration (interoffice mail) Stuart Lerner Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 (U.S. Mail) Anthony C. Vitale, Esquire 799 Brickell Plaza, Suite 700 Miami, Florida 33131 (U.S. mail) Kelly Bennett, Medicaid Program Integrity (interoffice mail) aq cas JoAnn J ackson, Medicaid Program Integrity John Hoover, Finance & Accounting (interoffice mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served on the above-named persons by U.S. Mail or interoffice mail as indicated on this the3| day of 1 yCLyry yeu! Aye Lealand McCharen, A’genc State of Florida Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5865 Q22. 5B1D

Docket for Case No: 00-003560MPI