so ED STATE OF FLORIDA . DIVISION OF ADMINISTRATIVE HEARINGS ae AG JUAN M. RUIZ-UNGER, 7s WAR 1 P 2 35 Petitioner, Vs. CASE NO. 04-2015MPI PHN -Cium AUDIT NO. 01-1237-000 3 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, SB a 1 E fo) er Respondent. v a) / ~ o FINAL ORDER This cause came before me for issuance of a Final Order. In a Final Agency Audit Report dated April 28, 2004 (audit number C_I. 01-1237-000). Petitioner, Juan M. Ruiz-Unger was informed that the Agency was seeking to recover Medicaid ove: rpayments of $87,436.24. The Jetter was sent certified mail, return receipt requested to Juan M. Ruiz-Unger, M.D. (hereinafter the “PROVIDER”), who signed for it. The letter contained full disclosure and notice regarding the P ROVIDER’S administrative hearing and due process rights. The PROVIDER filed a petition for formal hearing. The PROVIDER through counse relinquished Jurisdiction to the Agency for Health Care Administration on July 22, 2004. 1 withdrew the petition. The Division of Administrative Hearings FINDINGS OF FACTS The PROVIDER received the Final A, gency Audit Report, and that report disclosed to the provider his administrative an d due process rights. The PROVIDER filed a petition and later through co unsel withdrew the petition. On July 8, 2004, the PROVIDER participated in a peer review meeting wherein additional documents submitted by the PROVIDER were reviewed. Thereafter, the Agency recalculated the overpayment and adjusted the figure from $87,436.24 to the amount of $54,743.91. Petitioner has chosen not to dispute the facts set forth in the Final Agency Audit Report dated April 28, 2004, as adjusted, and has agreed to pay the Agency $1,000.00 in costs. Therefore, those facts are hereby deemed admitted. Additionally, the total overpayment amount of $54,743.91 is deemed admitted and forms the factual basis for the existence of an overpayment owed by the PROVIDER in the amount of $54,743.91. The facts set forth in the Final Agency Report, as adjusted, are hereby adopted. The amount now due and owing is $55,743.91, with interest, since the date of April 28, 2004. CONCLUSIONS OF LAW The Agency incorporates and adopts the statements and conclusions of law as set forth in the letter dated April 28, 2004. The admitted facts and facts support the conclusion that the overpayment is due and owing, under the law generally set forth in the final audit letter. Under Florida Statute 409, interest accrues on this overpayment from April 28, 2004. Based on the foregoing, it is ORDERED AND ADJUDGED that Petitioner refund, forthwith, the sum of $55,743.91, together with statutory interest as set forth in Section 409.913, Florida Statutes, from the date of April 28, 2004. 4 ; = DONE AND ORDERED this 7 day of FBLMGY , 200%, in Tallahassee, Florida. fers fan Levine, 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 Fumished to: Anthony C. Vitale, Esquire Chris Parella, Esquire Anthony C. Vitale, P.A. 799 Brickell Plaza, Suite 700 Miami, FL 33131 Sarah D. Cyrus, 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) Finance & Accounting Medicaid Accounts Receivables Agency for Health Care Administration (Interoffice) Patricia H. Malono Administrative Law Judge DOAH (Interoffice) Bonpie Herrera, Analyst teroffice)

Docket for Case No: 04-002015MPI