STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION PHARMA-EXPRESS, INC. Petitioner, par ; c\ Case No. 04-1554MPI ..C3* os vs. Provider No. 106259001 L* oy C.L No. 01-1445-020 an re FLORIDA AGENCY FOR ay 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 this /0"day of _SG?7GmpGre.__, 2004, in 4 on Levine, Secretary Agency for Health Care Administration Tallahassee, Leon County, Florida. A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH AGENCY CLERK AND A SECOND COPY, ALONG WITH FILING FEE AS PRESCRIBED BY LAW, IN THE DISTRICT COURT OF APPEAL 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 THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Carolina Ferreiro Diaz, President Pharma-Express, Inc. 300 NW 22 Avenue, Suite A Miami, Florida 33125 (U.S. Mail) Tom Barnhart, Esq. Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 Finance & Accounting Agency for Health Care Administration 2727 Mahan Drive Mail Stop Code #14 Tallahassee, Florida 32308 (Interoffice Mail) Robert E. Meale Administrative Law Judge The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Timothy Bymes, Bureau Chief of MPI 2002 Old St. Augustine Road Bldg. D Tallahassee, Florida 32301 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named person(s) by U.S. Mail, or the method designated, on this the sO day of Or é le , 2004. CSS) j cCharerf, Ag Cler! FO Leal _Le? Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5873 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION PHARMA-EXPRESS, INC. Petitioner, Case No. 04-1554MPI vs. Provider No. 106259001 C.I. No. 01-1445-020 FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. SETTLEMENT AGREEMENT STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA” or “the Agency”) and PHARMA-EXPRESS, INC (“PROVIDER”), by and through the undersigned, hereby stipulate and agree as follows: 1. The two parties enter into this agreement for the purpose of memorializing the resolution to this matter. During the audit period, PROVIDER was a Medicaid provider in the State of Florida and operated under provider number 106259001. In its Final Agency Audit Report C.I. No. 01-1445-020 (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 repayment of an overpayment in the amount of $7,104.22. In response, PROVIDER petitioned for a formal administrative hearing, which matter was referred to the Agency for Health Care Administration and given Case No. 04-1554MPI. PROVIDER agreed to pay a total repayment of $7,104.22. Page t of 7 Pharma-Express, Inc. vs. AHCA Case No. 04-1554MPI Provider No. 106259001 AuditNo. CI. 01-1445-020 Settlement Agreement 4, In order to resolve this matter without further administrative proceedings, PROVIDER and AHCA expressly agree as follows: (a) (b) (c) AHCA agrees to accept the payment set forth herein in settlement of the overpayment issues arising from the MPI review. Within thirty (30) days of entry of the Final Order, PROVIDER agrees to make the first installment towards repaying AHCA Seven Thousand One Hundred and Four and 22/100 Dollars in ($7,104.22) with statutory interest. PROVIDER agrees to continue to make payrnents every 30 days until the full amount of the overpayment is repaid. The payments shall be in the amount of Two Thousand and Ten Dollars ($2,010.00). PROVIDER may adjust the final payment so as to not exceed the amount remaining due. Adherence to this payment schedule shall settle the overpayment at issue in the proceedings before the Agency for Health Care Administration with regard to C.L. No. 01-1445-020. AHCA retains the right to perform a 6-month follow-up review. PROVIDER is responsible for ensuring timely delivery of the payments. Furthermore, failure to timely make the payments will! render the balance due and payable immediately, with interest at the prevailing statutory rate, 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. Page 2 of 7 Pharma-Express, Inc. vs. AHCA Case No. Provider No. Audit No. C.I. 04-1554MPI 106259001 01-1445-020 Settlement Agreement (d) PROVIDER and AHCA agree that full payment as set forth above will resolve and settle this case completely and release all parties from all liabilities arising from the findings in the audit referenced as C.I. 01-1445- 020. (e) 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. (f) PROVIDER agrees to fully cooperate with any follow up reviews conducted by the Agency. Payment shall be made 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 and shall reference the C.I. Number and the Provider Number. 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. Except as specifically set forth in paragraphs 3 and 4 above, the parties agree to bear their own attorney’s fees and costs, if any. 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 Page 3 of 7 Pharma-Express, Inc. vs. AHCA Case No. Provider No. Audit No. C.L 04-1554MPI 106259001 01-1445-020 Settlement Agreement 10. 11. respective parties. Furthermore, PROVIDER agrees that its signature alone binds PROVIDER to make the payment as set forth in this agreement. PROVIDER shall furnish the actual signed Settlement Agreement to AHCA; however a facsimile copy shall be sufficient to enable AHCA to cancel a hearing scheduled in this case. 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. 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. This is an Agreement of settlement and compromise, made in recognition that the patties 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. This settlement does not constitute an admission of wrongdoing or error by either party with respect to this case or any Page 4 of 7 Pharma-Express, Inc. vs. AHCA Case No. Provider No. Audit No. C.I. 04-1554MPI 106259001 01-1445-020 Settlement Agreement 12. 13. 14. other matter. However, the parties believe that this matter should be settled because the parties have agreed to the terms contained within this agreement. PROVIDER expressly waives in this matter its right to any hearing pursuant to §§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 the Agency should issue a Final Order which is consistent with the terms of this settlement, that adopts this agreement and closes this matter. Provider does hereby discharge the State of Florida, Agency for Health Care Administration, and its agents, representatives, and attorneys of and from all claims, demands, actions, causes of action, suits, damages, losses and expenses, of any and every nature whatsoever, arising out of or in any way related to this matter C.I. 01-1445-020 and AHCA’s actions herein, including, but not limited to, any claims that were or may be asserted in any federal or state court or administrative forum, including any claims arising out of this agreement, by or on behalf of Facility. 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. Page 5 of 7 Pharma-Express, Inc. vs. AHCA Case No. 04-1554MPI Provider No. 106259001 Audit No.C.I. 01-1445-020 Settlement Agreement 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. PETITIONER PHARMA-EXPRESS, INC. (——_= pace ___, 2004 AROEL FERREIRODIAZ As Presiden CEO AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308-5403 _ asad Dated: __ 7-7 , 2004 JAMES D. BOYD Inspector General Page 6 of 7 Pharma-Express, Inc. vs. AHCA Case No. 04-1554MPI Provider No. 106259001 Audit No.C.L — O1-1445-020 Settlement Agreement tilde. ll! Dated: Leah A , 2004 VALDA CLARK CHRISTIAN General Counsel i AN fa Dated: , 2004 SA . CYRUS Assistant General Counsel Page 7 of 7

Docket for Case No: 04-001554MPI