FILED HEA AGEHCY CLERK MN Kev -5 A 4 03> ‘ STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, vs. CASE NO. 07-3701MPI RENDITION NO.: AHCA-07- OcoT4 BBMBO z= = PHARMA EXPRESS, A one Respondent. b / = NS FINAL ORDER THE PARTIES resolved all disputed issues and executed a Settlement Agreement. The , foregoing, this file is CLOSED. DONE and ORDERED on this the 3/ day of uivhen. , 2007, in Tallahassee, Florida. preset Cc. AGW eee M.D., SECRETARY fre nok for Health Care Administration parties are directed to comply with the terms of the attached settlement agreement. Based on the 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: Kelly Bennett, Esquire Agency for Health Care Administration (Laserfiche) Javier Talamo, Esquire Kravitz & Talamo, LLP 7600 W. 20 Avenue, Suite 213 Hialeah, Florida 33016 (U.S. Mail) Stuart Lerner Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Tim Byrnes, Chief, Medicaid Program Integrity Kathryn Holland, Medicaid Program Integrity Finance and Accounting CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the above named addressees by U.S. Mail or Laserfiche on this the Ss” day of /iote60 , 2007. 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 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, vs. CASE NO. 07-3701MPI PHARMA EXPRESS, Respondent. / SETTLEMENT AGREEMENT STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA” or “the Agency”}. and PHARMA EXPRESS, (“PROVIDER”), by and through the undersigned, hereby stipuleies and agrees as follows: 1. This Agree:ent is entered into for the purpose of memorializing the final resolution of the matters se: forth in this Agreement. 2. PROVIDER is a Medicaid provider (Medicaid Provider No. 022443000) in the State of Florida, 3. In its final «adit report (FAR) dated July 3, 2007, AHCA notified PROVIDER that review of Medicaid ci i:ms performed by Medicaid Program Integrity (MPI) indicated that, in its opinion, some clair:s in whole or in part were not covered by Medicaid. The Agency sought overpayment in the mount of $99,853.83. Additionally, AHCA imposed sanctions in the form of $6,000 in fines. ~ response to the FAR, PROVIDER filed a petition for a formal administrative hearing. P!.:-VIDER furnished additional documentation that had previously been unavailable to AHC.. Based upon the review of this documentation, AHCA determined that the overpayment was adjusted to $39,542.66; the fine remained at $6,000. AHCA additionally sought recovery of a portion of its investigative costs. 4, In order tc resolve this matter without further administrative proceedings, PROVIDER and the AHC. expressly agree as follows: (1) (2) 3) 4) (5) AHCA agrees to accept the payment set forth herein in settlement of the overpayment issues arising from the MPI review. PROVIDER agrees to repay a total of fifty thousand dollars ($50,000), plus *:::tuiory interest, in full and complete settlement of al! claims in this matte. This amount will be credited as $39,542.66 to remedy the adjusted over:xzyment; $6,000 to remedy the fine; and, the remainder ($4,457.34) will i: credited toward AHCA’s investigation expenses. PROVIDER will make equal monthly payments over six consecutive mon:i:s. Payments are due on or before the fifteenth (15") day of each mon:... If, at any time, a payment is not timely made, the entire balance becores due and owing immediately and AHA reserves the right to collec: the outstanding balance by any available means. PRC*VIDER and AHCA agree that full payment as set forth above will resci::: and settle this case completely and release both parties from all liabi:ities arising from the findings in the audit referenced as CL. So. 07-5585-000. PRC: IDER agrees that it will not rebill the Medicaid Program in any mar:.cr for claims that were not covered by Medicaid, which are the subjs:c: of the audit in this case. (6) | PROVIDER also agrees that it is required to adhere to state and federal Mea:aid laws, rules, provisions, handbooks, and policies. 5. Payment shz:: be made to: AGENCY FOR HEALTHCARE ADMINISTRATION Medicaid Accounts Receivable Post Office isax 13749 Tallahassee, florida 32317-3749 6. PROVIDER grees that failure to pay any monies due and owing under the terms of this Agreemei shail constitute PROVIDER’S authorization for the Agency, without further notice, to withhold : consistent with the terms cf to it, including the right to appeal. 15. This Agrees. it and shall not be construe: 16. To the exte::: reason, such provision shii. party compromising and settling any potential correctness or sidings, information and contentions as to facts and law, so that no «mation shall be a ground for rescission hereof. expressly waives in this matter its right to any hearing pursuant to Florida Statutes, the making of findings of fact and conclusions of further and other proceedings to which it may be entitled by law or ig this proceeding and any and all issues raised herein. PROVIDER : challenge or contest any Final Order entered in this matter which is ‘his settlement agreement in any forum now or in the future available say administrative proceeding, circuit or federal court action or any zat is and shall be deemed jointly drafted and written by all parties to or interpreted against the party originating or preparing it. that any provision of this Agreement is prohibited by law for any be effective to the extent not so prohibited, and such prohibition shall not affect any other prevision of this Agreement. 17. This Agrees. successors, assigns, heirs, ent shall inure to the benefit of and be binding on each party’s ‘rainistrators, representatives and trustees. 18. All times sted herein are of the essence of this Agreement. 19. This Agree:sient shall be in full force and effect upon execution by the respective parties in counterpart. 20. ‘In the ever: zither party breaches this Agreement, the costs and attorney fees incurred by the non-breachin party associated with enforcement or collection activity pertaining to this Agreement shall be said by the party breaching this Agreement to the non-breaching party. PHARMA EXPRESS ( Vascoline (ONE Dated: VO , 2007 Printed rese BY: ITs: Dees, DA \- (title) FLORIDA AGENCY FG. HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Mail S:«p #3 Tallahassee, FL 32308-5403 Dada Teer Dated: /O<33f «2007 Linda Keen Inspector General . ee a Dated: ff fae , 2007 Taig H. ith General Counsel Avr ddim Dated: _lojass 2007 Kim Kellum Dated: f ¢]__, 2007 Assistant General Counsei

Docket for Case No: 07-003701MPI

Issue Date	Proceedings
Nov. 06, 2007	Final Order filed.
Sep. 11, 2007	Order Closing File. CASE CLOSED.
Sep. 07, 2007	Joint Motion to Relinquish Jurisdiction filed.
Aug. 31, 2007	Order of Pre-hearing Instructions.
Aug. 31, 2007	Notice of Hearing (hearing set for September 27, 2007; 9:00 a.m.; Tallahassee, FL).
Aug. 20, 2007	Initial Order.
Aug. 17, 2007	Final Audit Report filed.
Aug. 17, 2007	Request for Administrative Hearing filed.
Aug. 17, 2007	Order of Dismissal without Prejudice Pursuant to Section 120.569(2)(c), Florida Statutes to Allow for Amendment and Resubmission of Petition filed.
Aug. 17, 2007	Petition for Formal Administrative Hearing filed.
Aug. 17, 2007	Notice (of Agency referral) filed.