STATE OF FLORIDA AGENCY FOR HEATH CARE ADMINISTRATION FEB le 02 EDWARD H. SESSIONS, MD, Petitioner, OMe ~ 0 | vs. DOAH CASE NO: 01-2504 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / FINAL ORDER o> On February 19, 2001 Petitioner Edward H. Session MD, requested and was granted a formal administrative hearing regarding a Medicaid audit (C.I. 94-0982-042-2/PML) By way of a Final Agency Audit Report, AHCA alleged that Petitioner had been overpaid by Medicaid in the amount of $23,533.71. Petitioner previously remitted $571.94 to AHCA. Therefore, $22,961.77 is at issue in this proceeding. On January 7, 2002, an Administrative Law Judge issued an Order which deemed Petitioner to have withdrawn his request for formal hearing, deeming certain facts admitted, and finding there to be no disputed issues of material fact. Ce ee Se mere er RR TE Te Nk SR A Rk By way of this Final Order, the Administrative Law Judge’s January 7, 2002 order is adopted. Petitioner Edward H. Sessions, MD, is hereby required to immediately a repay $22,961.77. Payments shall be made to: AGENCY FOR HEALTH CARE ADMINISTRATION Medicaid Accounts Receivable Post Office Box 13749 Tallahassee, FL 32317-3749 Failure to do so may result in further legal action by the Agency, at which times attorney’s fees and other investigation and legal expenses may be sought. SCRE T CTT TR RRR TS CTR Re gem DONE and ORDERED on this the 4 Kw day of Ebner , 2002, in Tallahassee, Florida. PEs 4 Medows, M.D., Secretary spo Agency for Health Care Administration | 7 | ‘ & F F ; i k E ; F i i 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: Judith B. Friedland, Esquire 340 Crown Oak Centre Drive Longwood, FL 32750 Kelly A Bennett, Esquire Attorney for Agency AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive Fort Knox Building 3, Mail Stop 3 Tallahassee, Florida 32308 Willie Bivens, Finance and Accounting Art Williams, Medicaid Program Integrity Daniel M. Kilbride ALJ - DOAH RE I EER ER F TERE CER TREE CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the above named addressees by U.S. Mail or by Interoffice Mail on this the /# day of Za , 2002. Agen? Clerk State of Florida Agency for Health Care Administration 2727 Mahan Drive, Building #3, Mail Stop 3 Tallahassee, Florida 32308-5403 2 AR TANI 7 ' b E RR ORE RR EE PE TO ER TO STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS EDWARD H. SESSIONS, M.D., Petitioner, vs. Case No. 01-2504MPI AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. ee ORDER CLOSING FILE Pursuant to Respondent's Motion to Deem Facts Admitted, the above-styled matter was brought before Administrative Law Judge Daniel M. Kilbride, Division of Administrative Hearings, on December 17, 2001, in Tallahassee, Florida. In response to said Motion, an Order granting a portion of the motion was issued and, in addition, an Order to Show Cause directed to Petitioner, through counsel, was issued; it directed Petitioner respond to Respondent's Interrogatories and First Request for Production within seven (7) days from the date of the order or show cause why sanctions should not be imposed, including dismissal. A response to the Order to Show Cause has not been received from Petitioner as of the date of this Order, nor has good cause been shown for Petitioner's failure to respond to any of Respondent's discovery requests. Accordingly, Petitioner's First Request for Admissions is deemed admitted and, as a result thereof, it is found that there are no disputed issues of material fact which remain to be resolved; the request for a formal hearing is deemed withdrawn and jurisdiction of this cause is relinquished to Respondent for final agency action; and the file of the Division of Administrative Hearings in this case is closed. In view of the foregoing, it is ORDERED: 1. Petitioner is deemed to have withdrawn his request for a formal hearing and jurisdiction of this cause is relinquished SCC ETE EI ER Serre ger I OR i to the Agency for Health Care Administration for final agency action. 2. The formal hearing scheduled for January 11, 2002, is cancelled and the file of the Division of Administrative Hearings in this case is closed. DONE AND ORDERED this 7th day of January, 2002, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 7th day of January, 2002. COPIES FURNISHED: Kelly A. Bennett, Esquire Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Fort Knox Building III Tallahassee, Florida 32308 Judith B. Friedland, Esquire 340 Crown Oak Centre Drive Longwood, Florida 32750 1 rmerereme: Cat ae CREE RENE ORE RRR RR TIRE FT mR TIRED ONE IRRRITEE e TE

Docket for Case No: 01-002504MPI