poi | STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS PHARMACY OPERATIONS, INC. D/B/A THE MEDICINE SHOPPE® PHARMACY #1546, Petitioner, TL. i ; { vs. CASE NO. 03-2299MPI STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, RENDITION NO.: AHCA-03- W'1$-S-MDO Respondent. 7 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. Four thousand five hundred dollars of the amount is for investigative costs. One thousand four hundred ninety-five dollars and ninety-eight cents of the amount if for attorney’s fees. Based on the foregoing, this file is CLOSED. DONE AND ORDERED on this the_3{ day of Octrbrer, _, 2003, in Tallahassee, Florida. » 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 FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies Furnished to: Martin Dix, Esquire Katz, Kutter, Alderman & Bryant, P.A. Post Office Box 1877 Tallahassee, FL 32302-1877 Grant P. Dearborn, Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 ‘Tallahassee, Florida 32308-5403 (Interoffice) Timothy Byrnes, Chief Medicaid Program Integrity Agency for Health Care Administration . 2727 Mahan Drive, MS #5 Tallahassee, Florida 32308 (Interoffice) Willie Bivins Finance & Accounting Medicaid Accounts Receivables Agency for Health Care Administration 2727 Mahan Drive, MS #14 (Interoffice) J.B. Clark Administrative Law Judge DOAH (Interoffice) Kimberly Jones, Analyst MPI (Interoffice) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the above named addresses by U.S. Mail on this the Q30 day of L. 2003. é Lealand McCharen, Esqui Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 (850) 922-5873 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ; ACT 20 2003 PHARMACY OPERATIONS, INC. D/B/A THE MEDICINE SHOPPE® PHARMACY #1546, Petitioner, vs. CASE NO. 03-2299MPI STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / Se SETTLEMENT AGREEMENT STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA" or “the Agency”), and Pharmacy Operations, Inc. d/b/a The Medicine Shoppe ® No. 1546 (“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 ant\burdens of litigation, and neither party concedes the other's position. 2. PROVIDER is a Medicaid provider in the State of Florida. 3. In its final agency audit report dated May 20, 2003, 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 $45,104.17. In response to the audit letter dated May 20, 2003, PROVIDER filed a petition for a formal administrative hearing, which was assigned DOAH Case No. 03-2299MPI. Subsequently and after additional information was provided, AHCA reviewed the disputed claims and determined the outstanding amount of overpayment should be adjusted to $6,504.02. 4. In order to resolve this matter without further administrative proceedings, PROVIDER and the AHCA expressly agree as follows: (1) (2) (3) AHCA agrees to accept the payment set forth herein in settlement of the overpayment issues arising from the MPI review. Within thirty days of receipt of the final order, PROVIDER agrees to make a single payment of twelve thousand five hundred dollars and zero cents ($12,500.00) in full and complete settlement of all claims in this proceeding before the Division of Administrative Hearings (DOAH Case No. 03-2299MPI). Four thousand five hundred dollars ($4,500.00) of said funds are for M.P.I. investigative costs. One Thousand four hundred ninety five dollars and ninety-eight cents ($1,495.98) of said funds are for attorney's fees for the A.H.C.A. General Counsel's Office. 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 02-0626-000-3/H/KRJ. (4) 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. 5. Payment shail be made to: AGENCY FOR HEALTHCARE ADMINISTRATION Medicaid Accounts Receivable Post Office Box 13749 Tallahassee, Florida 32317-3749 6. PROVIDER agrees that failure to Pay any monies due and owing under the terms of this Agreement shall constitute PROVIDER'S authorization for the Agency, without further notice, to withhold the total remaining amount due under the terms of this agreement from any monies due and owing to PROVIDER for any Medicaid claims. 7. 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. 8. This settlement does not constitute an admission of wrongdoing or error by either party with respect to this case or any other matter. 9. Each party shall bear its own attorneys’ fees and costs, if any, except as set forth herein. 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. 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. 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 promisés, 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. 13. 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. 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, and all further and other proceedings to which it may be entitled by law or rules 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 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 shail 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. 17. This Agreement shall inure to the benefit of and be binding on each party's successors, assigns, heirs, administrators, representatives and trustees. 18. All times stated herein are of the essence of this Agreement. 19. This Agreement shall be in full force and effect upon execution by the respective parties in counterpart. 20. In the event that a party breaches this Agreement, and enforcement of this Agreement or recovery of damages for breach hereof is obtained by law or legal proceedings through an attorney at law, all costs of collection or enforcement, including reasonable attorneys’ fees and costs, shall be paid by the breaching party to the non- breaching party. PHARMACY OPERATIONS, INC. D/B/A THE MEDICINE SHOPPE ® PHARMACY #1546 icpae{ b Bukach Dated: Septnber /3¥ 2003 Printed Representative’s Name ty BY: WZ Ba aw, (Signature) A : Dated: Oy we /F , 2003 vt ; , Esquire Attorney for Petitioner FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308-5403 Dated: Meher 2) , 2003 Judjtty Hefr. Acting Inspector General LMG / Z Dated: Sef QO , 2003 Grant P. Dearborn Assistant General Counsel LL Lb LZ Dated: Cee , 2003 Vald& Clark Christian General Counsel

Docket for Case No: 03-002299MPI