STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS VICENTE E. ROGER, M.D., Petitioner, vs. CASE NO.04-3459MPIs_ & Zz a AUDIT NO. C.l. 01-1761:0090 = “ti PROVIDER NO. 062284200. > 9 “= co e mt STATE OF FLORIDA, AGENCY FOR —_ HEALTH CARE ADMINISTRATION, U0 © Respondent. a / FINAL ORDER This cause came before me for issuance of a Final Order. In a Final Agency Audit Report dated July 30, 2004 (audit number C.. 01-1761-000) Petitioner, Vicente E. Roger, M.D. was informed the Agency was seeking to recover Medicaid overpayments of $31,031.73. The letter was sent certified mail, return receipt requested to Vicente E. Roger, M.D. (hereinafter “PROVIDER’). The letter contained full disclosure and notice regarding the PROVIDER'S administrative hearing and due process rights. The PROVIDER filed a petition for hearing. The PROVIDER, in a letter dated October 14, 2004, directed to Administrative Law Judge Stuart M. Lerner, withdrew its petition and expressed its intention to pay the alleged overpayment. Based upon the referenced letter and the expressed desire therein of the Provider to withdraw its hearing request and pay the amount of the overpayment to the Agency, the Division of Administrative Hearings entered an Order Closing File dated October 19, 2004. Jurisdiction was thereby effectively relinquished to the Agency. FINDINGS OF FACTS The PROVIDER received the Final Agency Audit Report and that report disclosed to the providers their administrative and due process rights. The PROVIDER filed a petition and later through a letter to the Administrative Law Judge assigned to the case, withdrew the petition and expressed its desire to pay the overpayment. Therefore, petitioner has chosen not to dispute the facts set forth in the Final Agency Audit Report dated July 30, 2004. Those facts are hereby deemed admitted. Additionally the total overpayment amount of $31,031.73 is deemed admitted, and these admissions form the factual basis for the existence of an overpayment owed by the PROVIDER, in the amount of $31,031.73. The facts set forth in the Final Agency Report are hereby adopted. That amount is now due and owing, with interest, since the date of July 30, 2004. CONCLUSIONS OF LAW The Agency incorporates and adopts the statements and conclusions of law as set forth in the Final Agency Report dated July 30, 2004. The admitted facts and law 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 July 30, 2004. Based on the foregoing, it is ORDERED AND ADJUDGED that Petitioner refund, forthwith, the sum of $31,031.73, together with statutory interest as set forth in Section 409.913, Florida Statutes, from the date of July 30, 2004. zi DONE AND ORDERED this Ge day of p&cé7y%Z__, 2004, in Tallahassee, FE we Levine, Sead Agency for Health Care Administration Florida. 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: Vicente E. Roger, M.D. Attn.: Laura Miranda, Office Manager 1069 Kane Concourse Bay Harbor, Florida 33154-2107 Donna Riselli, 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 (Interoffice) Stuart M. Lerner Administrative Law Judge DOAH (Interoffice) CERTIFICATE OF SERVICE CERTIFICATE OF SERVE | HEREBY CERTIFY that a true and correct copy of the foregoing has been aon to the above named addresses by U.S. Mail on this the / Oo” day of mY 4 VLA, 2004. __ FOL sAgency lerk ‘ Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 (850) 922-5873

Docket for Case No: 04-003459MPI