Petitioner: COMBINED HEALTH SERVICES, D/B/A UNIVERSAL ARTS PHARMACY
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: ERROL H. POWELL
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Mar. 08, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 25, 2005.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA : _
AGENCY FOR HEALTH CARE ADMINISTRATION’ 21°"! 07 © 4
COMBINED HEALTH SERVICES
d/b/a UNIVERSAL ARTS PHARMACY, eS
Petitioner, vane a
ar Q
CASE NO. 05-0875MPI ‘= an
PROVIDER NO. 021852900 *°
AUDIT C.I. NO. 01-1468-000
Rendition No. AHCA-05-_ -S-MDP.
vs.
STATE OF FLORIDA,
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
/
FINAL ORDER
THE PARTIES resolved all disputed issues and executed a Settlement
Agreement. 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 on this the JO day of TYPE: , 2005,
in Tallahassee, Florida.
je’ #lan 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 furnished to:
Karen Dexter, Esquire
Agency for Health Care
Administration
(Interoffice Mail)
William M. Furlow, Esquire
Akerman Senterfitt
106 E. College Avenue, Suite 1200
Tallahassee, Florida 32301
(U.S. Mail)
Errol] Powell
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Tim Byrnes, Chief, Medicaid Program Integrity
Kathy Heroldyffedicaia Program Integrity
John Hoover, Finance and Accounting
CERTIFICATE OF SERVICE
1 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 “S day
Te , 2005.
of ee
Richard Shoop, Esquire
Agency Clerk
State of Florida
Agency for Health Care Administration
2727 Mahan Drive, Building #3
Tallahassee, Florida 32308-5403
(850) 922-5873
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
COMBINED HEALTH SERVICES
d/bla UNIVERSAL ARTS PHARMACY,
Petitioner,
vs. CASE NO. 05-0875MP1
STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,
Respondent.
/
SETTLEMENT AGREEMENT
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION
(“AHCA” or “the Agency”), and Combined Health Services d/b/a Universal Arts Pharmacy
(“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.
2. PROVIDER is a Medicaid provider in the State of Florida, provider number
021852900 and was a provider during the audit period.
3. In its Final Agency Audit Report (final agency action) dated December 3, 2004,
AHCA notified PROVIDER that review of Medicaid claims performed by Medicaid Program
Integrity (MPI), Office of the AHCA Inspector General, indicated that certain claims, in whole
or in part, has been inappropriately paid by Medicaid. The Agency sought recoupment of this
e to the audit letter dated December 3,
overpayment, in the amount of $15,744.38. In respons:
2004, PROVIDER filed a petition for a formal administrative hearing, which was assigned
DOAH Case No. 05-0875MPI.
’ Universal Arts Pharmacy
C.1. 01-1463-000
Settlement Agreement
4.
In order to resolve this matter without further administrative proceedings,
PROVIDER and the AHCA expressly agree as follows:
@)
(2)
(3)
(4)
AHCA agrees to accept the payment set forth herein in settlement of the
overpayment issues arising from the MPI review.
Within thirty days of entry of the final order, PROVIDER agrees to pay
the Agency the sum of fifteen thousand seven hundred forty-four dollars
and thirty-eight cents ($15,744.38) plus 10% interest per year to be made
in three (3) equal consecutive monthly payments in full and complete
settlement of all claims in the proceedings before the Division of
Administrative Hearings (DOAH Case No. 05-0875). AHCA retains the
right to perform a 6-month follow-up review.
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.]. 01-1468-
000.
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 shall be made to:
AGENCY FOR HEALTHCARE ADMINISTRATION
Medicaid Accounts Receivable
Post Office Box 13749
Tallahassee, Florida 32317-3749
Universal Arts Pharmacy
C.!. 01-1468-000
Settlement Agreement
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. ABCA 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.
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
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.
) Universal Arts Pharmacy
C.J. 01-1468-000
Settlement Agreement
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 jaw, 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 shall 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.
” Universal Arts Pharmacy
C.1. 01-1468-000
Settlement Agreement
19. This Agreement shall be in full force and effect upon execution by the respective
parties in counterpart.
COMBINED HEALTH SERVICES d/b/a UNIVERSAL ARTS PHARMACY
Ag? 7A ,
/ nae
he Mere Dated: LIAY , 3 , 2005
py. AbFetde C movlne
(Print name)
ITS:
AGENCY FOR HEALTH CARE
ADMINISTRATION
2727 Mahan Drive, Mail Stop #3
Tallahassee, FL 32308-5403
Z >- Bod Dated: 6S a ____, 2005
James D. Boyd
Inspector General
; 7. — _
eM libs Aine Dated: 8 Le 2@ , 2005
William Roberts
Acting General Counsel
Dated: W/L7 Lh , 2005
Assistant General Counsel
Docket for Case No: 05-000875MPI
Issue Date |
Proceedings |
Jun. 22, 2005 |
Final Order filed.
|
Apr. 25, 2005 |
Order Closing File. CASE CLOSED.
|
Apr. 21, 2005 |
Withdrawal of Petition for Formal Hearing filed.
|
Mar. 28, 2005 |
Order of Pre-hearing Instructions.
|
Mar. 28, 2005 |
Notice of Hearing (hearing set for June 6 and 7, 2005; 9:00 a.m.; Tallahassee, FL).
|
Mar. 16, 2005 |
Joint Response to Initial Order filed.
|
Mar. 09, 2005 |
Initial Order.
|
Mar. 08, 2005 |
Pharmacy Audit - Final Report filed.
|
Mar. 08, 2005 |
Final Agency Audit Report filed.
|
Mar. 08, 2005 |
Petition for Hearing Involving Disputed Issues of Fact filed.
|
Mar. 08, 2005 |
Notice (of Agency referral) filed.
|