STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS MEMORIAL FAMILY PHARMACY, INC. d/b/a Division of Aerinisu... MEMORIAL PROFESSIONAL PHARMACY, vs. CASE ND. 02-1296 ‘ Date — JZ le 0 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. FINAL ORDER THIS CAUSE is before me for issuance of a Final Order. On April 12, 2001 the Agency issued its Final Agency Audit Letter, constituting final agency action in this case, demanding $28,281.55 in recoupment of Medicaid overpayments. In due course, the Petitioner, Memorial Family Pharmacy, Inc. d/b/a Memorial Professional Pharmacy (“Petitioner”) petitioned for a formal hearing. In the course of the litigation, the parties entered into a certain stipulation, which is attached hereto as appendix 1. In this stipulation, the facts, issues and circumstances to be decided upon in the case were stipulated and agreed to, pending the Petitioner delivering to the State of Florida, Agency for Health Care Administration (“Agency”) certain described materials on Medicaid claims for adjustment to the overpayment demanded in the final agency action. Petitioner specifically conceded the overpayment regarding all claims for which it was unable to submit additional documentation. On or about August 9, 2002, Petitioner delivered additional documentation to the Agency. That information was reviewed and the adjustments combined with the terms of the appended stipulation. The overpayment was adjusted to $22,085.28. Therefore, the terms and conditions of the stipulation have been met, and Petitioner, having agreed to the overpayment, there exist now no material facts in dispute. The agreed stipulation and the adjustment place this matter in a posture whereby it may be concluded by entry, by the Agency, of a Final Order. Based on the foregoing, the request for a hearing is dismissed. It is ORDERED and ADJUDGED that Petitioner refund forthwith, the sum of $22,085.28, together with statutory interest as is set forth in §409.913(24)(b), Florida Statutes. DONE and ORDERED on Mavlerah wr 7 2002, in Tallahassee, Florida. ele i Rhonda/M. Medows, MD, Secretary / Agency for Health Care Administration 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: L. William Porter II Assistant General Counsel Agency for Health Care Administration (Interoffice Mail) William M. Furlow, Esquire Katz, Kutter, Haigler, Alderman, Bryant & Yon, P.A. 106 E. College Avenue, Suite 1200 Tallahassee, Florida 32302-1877 (U.S. Mail) Fred L. Buckine Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Judy Hefren, Deputy Inspector General JoAnn Jackson, Medicaid Program Integrity Willie Bivens, Finance & Accounting 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 on cuthicie Ch , 202. hav len 0ic.u fo ealand McCharen, Esquire Agency Clerk State of Florida Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5873 STATE OF FLORIDA . DIVISION OF ADMINISTRATIVE HEARINGS MEMORIAL FAMILY PHARAMCY, INC. DBA MEMORIAL PROFESSIONAL PHARMACY, Petitioner, v. DOAH CASE NO. 02.1296MPI (formerly DOAH Case No. 1.1974) Judge: Fred L. Buckine Audit No. CI 00.1564.000.3 Provider No. 103727700 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / eee PETITIONER’S STIPULATION AND UNOPPOSED MOTION FOR CONTINUE Petitioner, Memorial Family Pharmacy, Inc. dba Memorial Professional Pharmacy (“Petitioner”) hereby requests a continuance in this matter, and states as follows: 1. Respondent Agency for Health Care Administration (“‘AHCA”), advises that it does not oppose a continuance in this matter before the Division of Administrative Hearings (“DOAH”) so long as Petitioner agrees to other certain items set forth in this * agreement. .Petitioner so agrees. 2. As such Petitioner requests that DOAH cancel the hearing in this matter (scheduled for June 27 and 28, 2002) and reset it for a date and time that is agreeable to the parties. 3. All time frames set forth in this stipulation are fixed as set forth unless extended by mutual agreement of the parties. Are. | ae, Pursuant to this agreement, Petitioner stipulates: a. Petitioner was an authorized Medicaid Provider for the period of time encompassed by the audit period set forth in AHCA’s Final Agency Audit Report, dated April 12, 2001, subject to the audit at issue in these proceedings. b. AHCA is authorized to conduct, or have its authorized agent conduct, audits such as the audit at issue in this proceeding. ¢. Subsequent to the Final Agency Audit Report, dated April 12, 2001, Petitioner has twice submitted additional documentation to AHCA, that has been considered and for which an adjustment in the overpayment was made. d. Petitioner was notified of the adjusted overpayment amount via correspondence between counsels for the parties, dated September 14, 2001. e. Petitioner does not contest the accuracy of the number of paid claims during the audit period. f. Petitioner does not contest the accuracy of the dollar value of paid claims during audit period. * g. Petitioner does not contest the accuracy of the number of claims in sample. h. Petitioner does not contest the accuracy of the dollar value of claims in sample. aE” accuracy of the dollar value of the ioner does not contest the i. Petit - claims found by AHCA to be discrepant. j. Petitioner does not contest the accuracy of the dollar value of the claims found by AHCA to be discrepant ovide documentation for ortunity to PF additional OPP further 5. Petitioner seeks an imeters of thi g. Petitioner will submit any is agreement. 30 days of thi ing tO the b. Petitioner will also submit sworn statem authenticity of th obtained oF created. contemporaneous! with — the auth prescription/refills Petitioner agrees that, for each 2001 letter, it con! Cc. Sepremvet 14, consisting of at I unable a medical s that, absent 4 7. As Petitioner agrees to the items in this stipulation and motion, and AHCA therefore does not oppose a continuance, Petitioner requests the Administrative Law Judge grant this Motion, and reschedule the hearing in this manner. 8. For purposes of rescheduling this matter, the parties request August 28 and 29, 2002. WHEREFORE, Petitioner respectfully requests this motion be granted. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by United States Mail to Kelly A. Bennett, Assistant General Counsel, 2727 Mahan Drive, Building #3, Tallahassee, Florida 32308 and by facsimile transmission to 921.0158 on this 20" day of June, 2002. Respectfully submitted, William M. Furlow Katz, Kutter, Alderman, Bryant & Yon, P.A. 106 East College Avenue Tallahassee, Florida 32301 850.425.1679 WMFIIjb H:\USERS\PROFESSIONALS\BILLF Williamson\stip.cont.062002.doc

Docket for Case No: 02-001296MPI