STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION t VINOD K. BHATNAGER, M_D., Petitioner, vs. 1 CASE NO. 05-177PH. AUDIT NO. 03-1211-000 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, ; Respondent. / FINAL ORDER This cause came before me for issuance of a Final Order. In a Final Agency Audit Report dated January 27, 2005. (audit number C.I. 03-1211-000). Petitioner, Vinod K. Bhatnager was informed the Agency was seeking to,recover Medicaid overpayments of $2,753.70. ‘The letter was sent certified mail, return receipt requested to Vinod K. Bhatnager, M.D. (hereinafter “PROVIDER”), who signed for it. The letter contained full disclosure and notice regarding the PROVIDER’S administrative hearing and due process rights. The PROVIDER filed a petition on May 18, 2005 for formal hearing. The PROVIDER through counsel withdrew the petition and requested an informal hearing. Provider subsequently withdrew its request for informal hearing and the informal Hearing ‘Officer entered and order closing file and relinquishing jurisdiction on November 1, 2005. Jurisdiction was relinquished by the Division of Administrative Hearings to the Agency for Health Care Administration. ' 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 through counsel withdrew the petition and requested an informal hearing. Provider subsequently withdrew its — request for informal hearing and the informal Hearing Officer entered an order closing file and relinquishing jurisdiction on November 1, 2005. Jurisdiction was relinquished by the Division of Administrative Hearings to the Agency for Health Care Administration. Therefore, petitioner has chosen not to dispute the facts set forth in the Final Agency Audit Report dated January 27, 2005. Therefoke, those facts are hereby deemed admitted, additionally the total overpayment amount of $2,753.70 is deemed admitted, and these form the factual basis for the existence of an overpayment owed by the PROVIDER, in the amount of $2,753.70. 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 January 27, 2005. CONCLUSIONS OF LAW The Agency incorporates and adopts the statements and conclusions of law as set forth in the letter dated January.27, 2005. 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 January 27, 2005. Based on the foregoing, it is ORDERED AND ADJUDGED that Petitioner refund, forthwith, the sum of $2,753.70, together with statutory interest as set forth in Section 409.913, Florida Statutes, from the date of January 27, 2005. ‘ “Wy DONE AND ORDERED this at® jay of TAMMY 2008 in Tallahassee, Florida. ' . m 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: Maria Wagoner, Office Manager 1101 South Atamiami Trail Suite 209-209 Venice, FL 34285 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) Finance & Accounting Medicaid Accounts Receivables Agency for Health Care Administration (Interoffice) William F. Quattlebaum Administrative Law Judge DOAH (Interoffice) Carolyn Milligan, Analyst MPI (interoffice) gy 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 7 say of a _> 2006. Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 ' (850) 922-5873

Docket for Case No: 05-001522MPI