STATE OF FLORIDA C8 Jay 19 > api cf BERK DIVISION OF ADMINISTRATIVE HEARINGS 7099 19 ti! oo u3 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, PETITIONER, Vs. Case No.: 07-1488MPI Provider No.: 042935000 C.I. No.: 07-4575-000 ROBERT E. PICKARD, M.D., Judge: S. M. Lerner RENDITION NO.: AHCA-07- OT&Z -S-MDO RESPONDENT. a —“(i‘“‘(‘(‘C FINAL ORDER THE PARTIES resolved all disputed issues and executed a Settlement Agreement, which is attached hereto 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 on this /f day of dec : , 2007, in Tallahassee, Florida. jon MEE Cc. «bee Mee M.D., SECRETARY J Bo for Health Care Administration Final Order AHCA v. Robert E. Pickard, M.D. (07-4575-000) Page 1 of 3 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: Stuart A. Lones, Esquire Ferdie & Lones, Chartered, P.A. 717 Ponce de Leon Boulevard Suite 223 Coral Gables, Florida 33134 Phone: 305-445-3557 Fax: 305-441-6401 (Via U.S, Mail) Tracie L, Wilks, Esquire Assistant General Counsel 2727 Mahan Drive Building 3, Mail Station 3 Tallahassee, FL 32308 Phone: 850- 922-5873 Fax: 850- 921-0158 (Interoffice Mail) Fred Becknell, Program Administrator Medicaid Program Integrity 2727 Mahan Drive Building 2, Mail Station 6 Tallahassee, Florida 32308 Phone: 850-921-1802 Fax: 850- 922-3806 (Interoffice Mail) Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, FLorida 32399-3060 Phone: 850- 488-9675 Fax: 850- 921-6847 (Via U.S. Mail) Ken Yon, Bureau Chief Medicaid Program Integrity 2727 Mahan Drive Building 2, Mail Station 6 Tallahassee, Florida 32308 Phone: 850-921-1802 Fax: 850-922-3806 (Interoffice Mail) Agency for Health Care Administration Bureau of Finance and Accounting 2727 Mahan Drive Building 2, Mail Station 14 Phone: 850- 487-4298 Fax: 850- 922-3659 (Interoffice Mail) Final Order AHCA v. Robert E. Pickard, M.D, (07-4575-000) Page 2 of 3 CERTIFICATE OF SERVICE T HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to a the above named addressees by U.S. Mail on this the _/, 0 day of ae 2097. Richard Shoop, Esquire Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 Phone: 850- 922-5873 Fax: 850-921-0158 Final Order ANICA vy. Robert E. Pickard, M.D. (07-4575-000) Page 3 of 3 RECEIVED GENERAL COUNSEL OCT 29 27 Agency for Health Care Administration OO ps, oe STATE OF FLORIDA!!! / 9 DIVISION OF ADMINISTRATIVE HEARING: } STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, Case No.: 07-1488MPI Provider No.: 042935000 Vs. C.I. No.: 07-4575-000 Judge: Stuart M. Lerner ROBERT E. PICKARD, M.D., Respondent. / SETTLEMENT AGREEMENT The Petitioner, STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA” or “the Agency”), and Respondent, ROBERT E. PICKARD, M.D., by and through the undersigned, hereby stipulate and agree as follows: 1. The parties enter into this agreement for the purpose of memorializing the resolution to this matter. 2. ROBERT E. PICKARD, M.D. is a Medicaid provider in the State of Florida, provider number 042935000 and was a provider during the audit period. 3. In its Final Agency Audit Report dated February 9, 2007, AHCA notified that review of Medicaid claims performed by the Office of Medicaid Program Integrity (MPD, of the AHCA Inspector General, indicated that certain claims, in whole or in part, were inappropriately paid by Medicaid. The Agency sought repayment of this overpayment, in the amount of $32,196.40. In addition, the Agency applied sanctions in accordance with Sections 409.913 (15), (16), and (17) Florida Statutes, and Rule 59G-9.070, Florida Administrative Code. ROBERT E. Robert E. Pickard, M.D. Settlement Agreement CL. No.: 07-4575-000 Case No.: 07-01488MPI PICKARD, M.D. was assessed a $2,500.00 fine sanction in accordance with Rule 59G-9-070 (e) and a Corrective Action Plan in the form of an Acknowledgement Statement. In response to the audit report dated February 9, 2007, ROBERT E. PICKARD, M.D. sent a letter to the Agency requesting an Administrative Hearing. 4. Subsequent to the original audit that took place in this matter and after further documentation review, AHCA determined that the overpayment amount should be adjusted to thirty-one thousand, two hundred ninety-two dollars and seventy-eight cents ($31,292.78). Additionally, a sanction in the amount of two thousand five hundred dollars ($2,500.00) was assessed pursuant to Rule 59G-9.070, Florida Administrative Code; and costs in the amount of five hundred dollars ($500.00) was assessed pursuant to Section 409.913(23), Florida Statutes. The total amount due is thirty-four thousand, two hundred ninety-two dollars and seventy-eight cents ($34,292.78). In addition, ROBERT E. PICKARD, M.D. still owes a Corrective Action Plan in the form of an Acknowledgement Statement. 5. In order to resolve this matter without further administrative proceedings, ROBERT E. PICKARD, M.D. and AHCA expressly agree as follows: (1) AHCA agrees to accept the payment set forth herein in settlement of the overpayment issues arising from the MPI review. (2) Within thirty (30) days of the date of execution of a Final Order adopting this Settlement Agreement, ROBERT E. PICKARD, M.D. agrees to make a payment of thirty-one thousand, two hundred ninety-two dollars and seventy-eight cents ($31,292.78); plus a sanction in the amount of two thousand five hundred dollars ($2,500.00); plus costs in the amount of five hundred dollars ($500.00). The total amount due is thirty-four Page 2 of 6 Robert E. Pickard, M.D. Settlement Agreement C.I. No.: 07-4575-000 Case No.: 07-01488MPI (3) (4) (5) thousand, two hundred ninety-two dollars and seventy-eight cents ($34,292.78). ROBERT E. PICKARD, M.D. will submit the Corrective Action Plan in the form of an Acknowledgement Statement to the Agency within thirty (30) days of execution of the Final Order adopting this Settlement Agreement. ROBERT E. PICKARD, M.D. and AHCA agree that such payments 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.I. Number 07-4575-000. ROBERT E. PICKARD, M.D. 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 casé. 6. Payment shall be made to: AGENCY FOR HEALTH CARE ADMINISTRATION Medicaid Accounts Receivable Post Office Box 13749 Tallahassee, Florida 32317-3749 7. Overpayments owed to the agency bear interest at the rate of 10 percent per year from the date of determination of the overpayment by the agency, and payment arrangements must be made at the conclusion of legal proceedings, pursuant to Section 409.913 (25)(c), Florida Statutes. 8. ROBERT E. PICKARD, M.D. agrees that failure to pay any monies due and owing under the terms of this Agreement shall constitute ROBERT E. PICKARD, M.D.’S Page 3 of 6 Robert E. Pickard, M.D. Settlement Agreement C.E. No.: 07-4575-000 Case No.: 07-01488MPI 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 ROBERT E. PICKARD, M.D. for any Medicaid claims. 9. 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. 10, This settlement does not constitute an admission of wrongdoing or error by either party with respect to this case or any other matter. 11, 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. 12. 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. 13. This Agreement constitutes the entire agreement between ROBERT E. PICKARD, M.D. and 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 ROBERT E. PICKARD, M.D. and 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. 14. 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 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. Page 4 of 6 Robert E. Pickard, M.D. Settlement Agreement CL. No.: 07-4575-000 Case No.: 07-01488MPI 15. ROBERT E. PICKARD, M.D. expressly waives in this matter its Tight 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. ROBERT E. PICKARD, M.D. 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. 16. 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. 17. 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. 18, This Agreement shall inure to the benefit of and be binding on each party’s successors, assigns, heirs, administrators, representatives and trustees. 19. _ All times stated herein are of the essence of this Agreement. 20. This Agreement shall be in full force and effect upon execution by the respective _ parties in counterpart. Page 5 of 6 Robert E. Pickard, M.D. Settlement Agreement . CAL. No.: 07-4575-000 Case No.: 07-01488MPI ROBERT E. PICKARD, M.D. PEGE LAD C& saab 205% py Ko Geet &_(icra@ i GA (Print name) AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Bldg. 3, Mail Stop #3 Tallahassee, FL 32308-5403 -Gpnda. Din ___ Dated: /2-SK OT __, 2007 Lindg.Keen Inspector General Dated: fe , 200f 4 Craig Smi GF Ceneral Counsel Knobby Y Dated: — (9e-] OD 2007 Kim Kellum" Chief Medicaid Counsel awit IJLAD Dated: Wovem u_L, 2007 Tracie Wilks Assistant General Counsel Page 6 of 6

Docket for Case No: 07-001488MPI