Petitioner: COMPREHENSIVE PHARMACY SERVICES, LTD.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: JOHN G. VAN LANINGHAM
Agency: Agency for Health Care Administration
Locations: Fort Lauderdale, Florida
Filed: Jun. 01, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 13, 2001.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA * ! = «0:
AGENCY FOR HEALTH CARE Sosy -l, 02
COMPREHENSIVE PHARMACY
SERVICES, LTD.,
Petitioner,
CrseNO. OF BITA
v. CLI. NO. 00-1890-000-3
STATE OF FLORIDA, AGENCY : TV
FOR HEALTH CARE ADMINISTRATION,
Respondent. .
/
FINAL ORDER
WHEREFORE, subsequent to the Final Agency Audit Report dated April 12, 2001, the
parties agreed that the Agency for Health Care Administration (AHCA) would review further
documentation submitted by Comprehensive Pharmacy Services, Ltd. Upon review of the
documentation, on October 16, 2001, an Amended Final Agency Audit Report was issued which |
concluded that AHCA would not pursue an overpayment or sanctions in this matter. Based on
the foregoing, this file is CLOSED. .
DONE and ORDERED at Tallahassee, Leon County, Florida wif lad day of
» prsodn~ 2001.
act Medows, MD, Secretary
i Agency for Health Care Administration
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fora
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED
TO 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 OF 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:
Comprehensive Pharmacy Services, LTD
3540 South University Drive, Suite B
Davie, Florida 33328
Kelly A. Bennett
Assistant General Counsel
Agency for Health Care Administration
(Interoffice Mail)
Charles Ginn, Chief, Medicaid Program Integrity
Willie Bivens, Finance & Accounting
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the
above named persons this AL day of ! val ees . , 2008
| — oS x
He Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, Building 3
~~ Tallahassee, FL'32308
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STATE OF HC
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AGENCY FOR HEALTH CARE ADMINISTRATION CA
JEB BUSH, GOVERNOR
CERTIFIED MAIL - RETURN RECEIPT NO. 7000 1670 0009 9415 3576
Provider No. 1061747 00
License No. PH0015470
Comprehensive Pharmacy Services, LTD p, ESV lj
Attn: Pharmacy Manager
3540 South University Drive, Suite B
Davie, Florida 33328 ) OCT 1.6 2001
RE: AMENDED FINAL AGENCY AUDIT REPORT . AGENCY FOR HEALTH CARE
C.I. No. 00-1890-000-3/H/JDI ADMINISTRATION-LEGAI
Dear Provider:
aety
The Agency for Health Care Administration {the Agency), Medicaid
‘Program Integrity office has completed a review of your paid Medicaid
claims with dates of service from January 1, 1999, through June 30,
2000. A final agency audit report, dated April 12, 2001, was sent to
you indicating you were overpaid $127,551.91 for these claims. In
response to our letter, you sent documentation to validate your
claims. We have performed a subsequent review, in light of the
additional documentation you provided, and have concluded that you
were overpaid $189.32 for claims that in whole or in part are not
covered by Medicaid. A copy of the Pharmacy Audit Final Report
(amended) is attached for.your review. The Agency is not pursuing the
overpayment or applying sanctions. By copy of this letter, the
Medicaid Accounts Receivable office is advised of this action.
Since areas of non-compliance have been identified, we are taking this
opportunity to remind you of Medicaid policies and procedures to
assist you in correcting the areas.of non-compliance.
The Medicaid Provider Agreement states that the provider agrees to
participate in the Florida Medicaid program under the terms and
conditions specified in the provider agreement. This includes, but is
not limited to, complying with federal and state laws, regulations,
rules, Medicaid handbooks and policies.
Section 409. 913(7), Florida “Statutes (Fs ‘Ss. yy ‘states in part that a
provider is responsible for the preparation and submission of a claim
that is true and accurate and is for goods and services that are
provided in accordance with applicable provisions of all Medicaid
rules, regulations, handbooks, policies, federal, state, and local
laws.
Visit AHCA online at
www.fdhe.state.fl.us
2727 Mahan Drive ¢ Mail Stop #6
Tallahassee, FL 32308
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Comprehensive Pharmacy Services, LTD
Page 2
Section 409.913(8), F.s., requires a Medicaid provider to retain
medical, professional, financial, and business records pertaining to
goods and services furnished to Medicaid recipients for a period of
five years after the date of furnishing the goods and services.
Section 409.913(14), (15), and (16), F.S., provides that the Agency
may séek any remedy provided by law, including administrative
sanctions, if the provider is not in compliance with provisions of
Medicaid rules, regulations, handbooks, policies, federal, state, and
local laws. Administrative sanctions may include a fine, and/or
suspension or termination from the Medicaid program.
Chapter 465, F.S., and Rule 64B-16, Florida Administrative Code
(F.A.C.), address, among other things, pharmacy practice regulations,
records requirements, and the responsibility of the pharmacist to
ensure the validity of prescriptions received. Other regulations
include, but are not limited to: Chapter 499, F.S., the Florida Drug
and Cosmetic Act, and Chapter 893, F.S., the Florida Comprehensive
Drug Abuse Prevention and Control Act.
It is recommended that you review the regulations that govern your
practice, to include the applicable Medicaid provisions found in
Chapter 409, F.S., Rule 59G, F.A.C., and the Florida Medicaid Provider
Coverage, Limitations, and Reimbursement Handbook for Prescribed Drug
Services. The handbook was previously sent to you by the fiscal
agent.
As previously indicated, the Agency is not pursuing the overpayment;
however, appropriate actions hecessary to correct the problems noted
in the audit report must be taken. Should a subsequent audit reveal
similar problems or other areas of non-compliance, you will be subject
to repayment of any overpayment, sanctions, and/or other actions
deemed appropriate. If you have any questions, please telephone
Ms. JoAnn D. Jackson at (850) 922-4374.
Sincerely,
@ %G-
D. Kenneth Yon,
AHCA Administrator
Medicaid Program Integrity
Attachment
cc: Area Medicaid Office
Willie Bivens, Medicaid Accounts Receivable
: Salih
Peter A. Lew
Pa
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were
Docket for Case No: 01-002154
Issue Date |
Proceedings |
Jan. 07, 2002 |
Final Order filed.
|
Jul. 13, 2001 |
Order Closing File issued. CASE CLOSED.
|
Jul. 13, 2001 |
Notice of Dismissal (filed by Petitioner via facsimile).
|
Jun. 15, 2001 |
Respondent`s First Request for Admissions filed.
|
Jun. 15, 2001 |
Respondent`s First Request for Production of Documents filed.
|
Jun. 15, 2001 |
Notice of Service of Respondent`s First Interrogatories to Petitioner; Respondent`s First Request for Admissions; and Respondent`s First Request to Produce filed.
|
Jun. 12, 2001 |
Order of Pre-hearing Instructions issued.
|
Jun. 12, 2001 |
Notice of Hearing issued (hearing set for August 28, 2001; 9:00 a.m.; Fort Lauderdale, FL).
|
Jun. 11, 2001 |
Joint Response to Initial Order (filed via facsimile).
|
Jun. 04, 2001 |
Initial Order issued.
|
Jun. 01, 2001 |
Petition for Formal Administrative Hearing filed.
|
Jun. 01, 2001 |
Final Agency Audit Report filed.
|
Jun. 01, 2001 |
Notice (of Agency referral) filed.
|