* : ERS f STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION WISE’S PARKWOOD PHARMACY, INC., Petitioner, oo Loa SEU vs. DOAH CASE NO. 01-3149 Audit No. 00-1715-000-3 Rendition No. AHCA-01- -S- S E AGENCY FOR HEALTH CARE , ADMINISTRATION, Respondent. : ! ; FINAL ORDER ; THE PARTIES resolved all disputed issues and executed a settlement agreement, which is attached and incorporated by reference. The parties are directed to comply with the terms of the attached settlement agreement. Based on the foregoing, this file is CLOSED. DONE AND ORDERED on this the 7K ‘day of Fe, rey, 2002, in OO A i ak Tallahassee, Florida. E E t Rhonda }¥. Medows, MD, Secretary tf Agency for Health Care Administration an Bt ce a 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: Phil R. Gage Wise’s Parkwood Pharmacy, Inc. 3601 SW 2" Avenue Gainesville, FL 33607 Kelly A. Bennett Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 Ella Jane P. Davis Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Charlie Ginn, Chief Medicaid Program Integrity Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #6 Tallahassee, Florida 32308 Finance & Accounting ‘regen eS peter ee: oe — worms mmmemer op ore i Oe A OO ee ee Spr oer or oper cer ~ I HEREBY CERTIFY that a true and correct copy of the foregoing has been CERTIFICATE OF SERVICE furnished to the above named addresses by U.S. Mail on this the_¢S__ day of th ay , 2002. Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 (850) 922-5865 SR ane SRT RR CER TR Re RE SNR EERE SETHE PRE PRO Rr STEREO ET or 4 STATE OF FLORIDA 02 ¢ J DIVISION OF ADMINISTRATIVE HEARINGS FEB ig Ay WISE’S PARKWOOD PHARMACY, INC., l Petitioner, : _ DOAH CASE NO: 01-3149 v. JUDGE: Ella Jane P. Davis provider no.: 102198200 AGENCY FOR HEALTH CARE — audit no.: C.I. 00-1715-000-3 _ ADMINISTRATION, Respondent. / SETTLEMENT AGREEMENT STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA” or “the Agency”), and WISE’S PARK WOOD PHARMACY, INC., (“PROVIDER”), by and through the undersigned, hereby stipulate and agree as follows: 1. This Agreement is entered into between the parties for the purpose of avoiding the costs and burdens of litigation. 2. PROVIDER is a Medicaid provider in the State of Florida. 3. In its Final Agency Audit Report issued on May 22, 2001, (the "Audit Letter") AHCA notified PROVIDER that review of Medicaid claims performed by Medicaid Program Integrity (MPI) indicated that, in its opinion, some claims in whole or in part were not covered by Medicaid. The Agency sought overpayment in the amount of $ 174,016.49. In response to the Andit Letter, PROVIDER filed a petition for a formal administrative hearing that was assigned DOAH Case No 01-3149. Subsequent to issuance of the Audit Letter, PROVIDER twice submitted additional documentation. AHCA reviewed and agreed that the overpayment cee eee pee PRR ERSTE was ultimately adjusted to $4,366.34. Provider agrees to pay the full adjusted overpayment amount and to reimburse AHCA for a portion of its investigation costs. 4. In order to resolve this matter without further administrative proceedings, PROVIDER and AHCA expressly agree as follows: (1) ~AHCA agrees to accept the payment set forth herein in settlement of the overpayment issues arising from the MPI review. - (2) PROVIDER agrees to pay to AHCA, on or before January 7, 2002, the sum of four thousand, three hundred sixty-six dollars and thirty-four cents ($4,366.34) to be made in one lump sum payment, as full and complete settlement of all claims in the proceedings before the Division of Administrative Hearings (DOAH Case No. 01-3149). PROVIDER also agrees to pay to AHCA, on or before January 7, 2002, the sum of three thousand, one hundred twenty dollars ($3,120) to be made in one lump sum payment, to reimburse AHCA for a portion of its investigation costs. TE TEI LE PE TA ES EO RE TTR RE CER CRT REF * RS” eR ES The total payment PROVIDER agrees to make on or before January 7, 2002, is seven thousand, four hundred eighty-six dollars and thirty-four ; : E cents ($7,486.34). (3) PROVIDER agrees that the payment is due on or before the date specified in this agreement. PROVIDER is responsible for ensuring timely delivery of the payment. Furthermore, failure to timely make the payment will render the full amount due and payable immediately, with interest, and interest will continue to accrue until the entire balance is paid. AHCA “) reserves the right to seek enforcement of this agreement by any legal means. 5. PROVIDER and AHCA agree that full payment as set forth above will resolve and settle this case completely and release both parties from all liabilities arising from the findings in the audit referenced as: C.I. 00-1715-000-3. 6. PROVIDER agrees that it will not rebill the Medicaid Program in any manner for claims that were not covered by Medicaid, which are the subject of the audit in this case. 7. Payment shall be made payable to: AGENCY FOR HEALTHCARE ADMINISTRATION Medicaid Accounts Receivable Post Office Box 13749 Tallahassee, Florida 32317-3749 And payment shall clearly indicate that it is per a settlement agreement, shall reference the DOAH Case Number, and shall reference the C.1. Number. Payment should be directed to Kelly A. Bennett, Assistant General Counsel. 8. The parties agree upon receipt of payment from PROVIDER, AHCA will file a motion with the Division of Administrative Hearings that cancels the formal hearing in this matter. 9. Each party shall bear its own attorneys’ fees and costs, if any. 10. The signatories to this Agreement, acting in a representative capacity, represent that they are duly authorized to enter into this Agreement on behalf of the respective parties. Furthermore, PROVIDER agrees that his signature alone binds him to make payments as set forth in this agreement. The parties further agree that a facsimile or photocopy reproduction of this agreement with PROVIDER’S signature shall be sufficient for the Agency to enforce the agreement and to cancel the hearing in this matter. ees ore ogg de opie seme! OP RMEET CO PIRI cree rpg eRe A ee a ee ee vee ae ahd eee ee a a 11. This Agreement shall be construed in accordance with the provisions of the laws of Florida. Venue for any action arising from this Agreement shall be in Leon County, Florida. 12. In the event that PROVIDER breaches this Agreement, and enforcement of this Agreement or recovery of damages for breach hereof is obtained by law or by legal proceedings through an attorney at law, all costs of collection or enforcement, including reasonable attomeys? fees and costs, shall be paid by PROVIDER to AHCA. 13. This Agreement constitutes the entire agreement between PROVIDER and the AHCA, . including anyone acting for, associated with or employed by them, concerning all matters and supersedes any prior discussions, agreements or understandings; there are no promises, representations or agreements between PROVIDER and the AHCA other than as set forth herein. No modification or waiver of any provision shall be valid unless a written amendment to the Agreement is completed and properly executed by the parties. 14. PROVIDER expressly waives in this matter its right to any hearing pursuant to sections 120.569 or 120.57, Florida Statutes, the making of findings of fact and conclusions of law by the Agency. PROVIDER further agrees that it shall not challenge or contest any Final Order entered in this matter which is consistent with the terms of this settlement agreement in any forum now or in the future available to it, including the right to any administrative proceeding, circuit or federal court action or any appeal. 15. | This Agreement is and shall be deemed jointly drafted and written by all parties to it and shall not be construed or interpreted against the party originating or preparing it. 16. To the extent that any provision of this Agreement is prohibited by law for any reason, such provision shall be effective to the extent not so prohibited, and such prohibition shall not affect any other provision of this Agreement. CORR RRRRETE ET ee TEA eR a FEROS TRE RRR CRRA OER . Serre rrnmmneeemnememnsennanenn: . orm FROM : WISE'S PARKWOOD PHARMACY PHONE NO. : 3523731532 Dec. 20 2081 18:33AM P6 . FHCA-GENERAL COUNSEL = Fax:¢50-413-0317 Bec 12 "Ot | 14:26 F, 06/06 | WISE’S PARKWOOD PHARMACY, INC., a oe Dated: /2 [zs] id 7). 2001 E i Phil Gage ; : Petitioner/Provider | i i | ; i AGENCY FOR HEALTH CARE | ADMINISTRATION . | 2727 Mahan Drive, Mail Stop #3 i Tallahassec, FL 32308-5403 F { WM | ; | __ Dated: A 7 2002 . ulus Woble . ! - Inspector Gencral co | F : | pO i » - i ‘ . e A WE _ Deted:___ 2 5 2000 k William Roberts i Acting Genpr4l Counsel i / 1 Assistaft General Counsel anne ; FTE RR REPT rr TT rE Tr RE SRR RENE Be PRT epee

Docket for Case No: 01-003149