Petitioner: NAVARRO DISCOUNT PHARMACY NO. 10
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: MICHAEL M. PARRISH
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: May 19, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 25, 2003.
Latest Update: Dec. 23, 2024
FILED
STATE OF FLORIDA NOV 1? 03
AGENCY FOR HEALTH CARE ADMINISTRATION lea
CPP. T ONT SLERK
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NAVARRO DISCOUNT wt
PHARMACY NO. 10, INC., G0 B on
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Petitioner, mm De / BoE F vt
anf -close Ze* 2 O
vs. CASE NO. 03-1849MPI Bre “os
AHCA Provider No, 021553806, 3
CINo.02-0600-000 so
AGENCY FOR HEALTH CARE Hadihon No. ABCA OS TG
ADMINISTRATION,
Respondent.
/
FINAL ORDER
THE PARTIES resolved all disputed issues and executed a Settlement
foregoing, this file is CLOSED.
Agreement, which is incorporated by reference. The parties are directed to
comply with the terms of the attached settlement agreement. Based on the
DONE and ORDERED on this the
6
2003, in Tallahassee, Florida.
day of Natur
Med&wWs, MD, Secretary
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:
Lester J. Perling, Esquire
Broad & Cassel, P.A.
100 North Tampa Street
Suite #3500
Tampa, FL 33602
P.O. Box 3310 (33601-3310)
Michael M. Parrish
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399
George Daven Shirejian, Esq.
Agency for Health Care Administration
(Interoffice Mail)
“RufasNobte, Inspector 41)
Agency fi are Administration
eroffice Mail)
Art Williams, Medicaid Program Integrity
Agency for Health Care Administration
(Interoffice Mail)
Willie Bivens, Finance and Accounting
Agency for Health Care Administration
(Interoffice Mail)
dudy TRIN Onsordto~e Blunweal
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 this the j@
day of hiner, 2003.
fo
san L SHA Dhwallr y
Gee Lealand McCharen,, Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, Building #3
Tallahassee, Florida 32308-5403
(850) 922-5873
STATE OF FLORIDA ly & 2D
NAVARRO DISCOUNT PHARMACY No.10, Inc. “Y, ae 2
Petitioner, os. &
vs. CASE NO. 03-1849MPI
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
/
SETTLEMENT AGREEMENT
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,
(“AHCA” or “the Agency”), and NAVARRO DISCOUNT PHARMACY No. 10, 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, with provider number
0215538-00.
3. In its final agency audit report dated April 7, 2003 AHCA notified PROVIDER
that a 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 $6,348.80. In response to the final agency audit report, on
April 28, 2003 PROVIDER filed a petition for a formal administrative hearing primarily for the
reason that some claims in whole or in part were not covered by Medicaid because they were
submitted erroneously with the incorrect physician's license number.
Navarro Discount Pharmacy No.10, Inc.
DOAH Case No. 03-1849MPI
Settlement Agreement
Page 2 of 5
4. The matter was referred to the Division of Administrative Hearings (DOAH) and
assigned DOAH Case No. 03-1849 M.P.I. Subsequently, AHCA agreed to accept the
overpayment amount without the statistical extrapolation, which is $130.83.
5. In order to resolve this matter without further administrative proceedings,
PROVIDER and AHCA expressly agree as follows:
(a) AHCA agrees to accept the payment set forth herein in settlement of the
overpayment issues arising from the MPI review.
(b) Within thirty (30) days of receipt of the Agency for Health Care Administration
Final Order incorporating by reference this Settlement Agreement, PROVIDER
agrees to make a single payment in the total sum of THREE THOUSAND SIX
HUNDRED FIFTY-FIVE DOLLARS AND EIGHTY-THREE CENTS
($3,655.83), which constitutes:
() Medicaid claims overpayment of $130.83;
(2) — Costs of $3,525.00.
(c) The payment of $3,655.83 shall be made payable and remitted to:
Agency for Health Care Administration
Attn. Medicaid Accounts Receivable
P. O. Box 13749
Tallahassee, FL 32317-3749
in full and complete settlement of all claims in the audit referenced as C.1. No.
02-0600-000/3/H/GED. Payment shall clearly indicate that it is pursuant to a
settlement agreement and shall reference Audit C.I. No. C.1. No. 02-0600-
000/3/H/GED.
(d) | 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.1. No. 02-0600-000/3/H/GED.
(e) | PROVIDER is responsible for ensuring timely delivery of the payment set forth
herein. Furthermore, failure to timely make the payment will render the balance
due and payable immediately, with statutory interest, and interest will continue to
Navarto Discount Pharmacy No.10, Inc.
DOAH Case No. 03-1849MPI
Settlement Agreement
Page 3 of 5
accrue until the entire balance is paid. AHCA reserves the right to seek
enforcement of this agreement by any legal means.
(63) 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.
{g} | PROVIDER will cooperate in a comprehensive follow-up review within 6 months
of the date of the Final Order in the cause to ensure that PROVIDER is billing
Medicaid correctly.
(h) PROVIDER agrees that the Medicaid provider agreement requires it to comply
with state and federal laws, rules and statements of Medicaid policy. PROVIDER
further agrees that Medicaid policy requires the correct prescriber license
number and the correct patient identification be submitted on the claim to
Medicaid. PROVIDER is obligated to submit claims in accordance to these
provisions to include submitting the correct prescriber license number and patient
identification. Failure to do so is a violation of Florida law and Medicaid policy
as referenced in the Prescribed Drug Services Coverage, Limitations and
Reimbursement Handbook, and will constitute an Overpayment.
6. AHCA reserves the right to enforce this Agreement under the laws of the
State of Florida, the Rules of the Medicaid Program, and all other applicable rules and
regulations.
7. This settlement does not constitute an admission of intentional or unintentional
wrongdoing, violation of any order, law, Statute, regulation, duty or contract, or error by either
party with respect to this case or any other matter. Compliance with this Agreement shall not be
construed as an admission by PROVIDER of any liability whatsoever.
8. The parties agree to bear their own attorney’s fees and costs, if any, except as
hereinabove stated.
9. 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.
Navarro Discount Pharmacy No.10, Inc.
DOAH Case No. 03-1849MPI
Settlement Agreement
Page 4 of 5
10. 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.
11. This Agreement constitutes the entire agreement between PROVIDER and
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 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.
12. This is an Agreement of settlement and compromise, made in recognition that the
parties may have different or incorrect understandings, information and contentions, as to facts
and law, and with each party compromising and settling any potential correctness or
incorrectness of its understandings, information and contentions as to facts and law, so that no
misunderstanding or misinformation shall be a ground for rescission hereof.
13. | PROVIDER expressly waives in this matter its tight 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, and all further and other proceedings to which it may be entitled by law or
tules of the Agency regarding this proceeding and any and all issues raised herein. PROVIDER
further agrees that it shall not challenge or contest any Final Order entered in this matter that is
consistent with the terms of this settlement 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.
14. 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.
‘Navarto Discount Pharmacy No.10, Inc.
DOAH Case No. 03-1849MPI
Settlement Agreement
Page 5 of 5
15. 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.
16. This Agreement shall inure to the benefit of and be binding on each party’s
successors, assigns, heirs, administrators, representatives and trustees.
17, __ All times stated herein are of the essence of this Agreement.
18. This Agreement shall be in full force and effect upon execution by the respective
parties in counterpart.
PROVIDER:
Dated: 7 /22— , 2003.
ed repyésentative for
Navarro Discetint Pharmacy Ng. 10, Inc.
je T AMvVAALO , 1
THE AGENCY:
Dated: Natmbar le. , 2003.
ely MA @ Dated: “As S003,
VALDA CLARK CHRISTIAN
General Counsel
Docket for Case No: 03-001849MPI
Issue Date |
Proceedings |
Nov. 14, 2003 |
Final Order filed.
|
Aug. 25, 2003 |
Order Closing File. CASE CLOSED.
|
Aug. 22, 2003 |
Motion to Remand Case to the Agency for Health Care Administration (filed by Respondent via facsimile).
|
Jul. 15, 2003 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for August 26 and 27, 2003; 9:00 a.m.; Tallahassee, FL).
|
Jul. 11, 2003 |
Agreed Motion for Continuance (filed by L. Perling via facsimile).
|
Jun. 04, 2003 |
Notice of Hearing issued (hearing set for July 24 and 25, 2003; 9:00 a.m.; Tallahassee, FL).
|
May 27, 2003 |
Joint Response to Initial Order (filed by Respondent via facsimile).
|
May 20, 2003 |
Initial Order issued.
|
May 19, 2003 |
Pharmacy Audit - Final Report filed.
|
May 19, 2003 |
Final Agency Audit Report filed.
|
May 19, 2003 |
Petition for Formal Administrative Hearing filed.
|
May 19, 2003 |
Notice (of Agency referral) filed.
|