09-004203MPI Agency For Health Care Administration vs. Danilo Bernot, M.D., P.A. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, September 21, 2009.

STATE OF FLORIDA FILED

DIVISION OF ADMINISTRATIVE HEARINGS

AGEN YCCLERK

AGENCY FOR HEALTH CARE

ADMINISTRATION ZOIOMAR12A9 21

Petitioner

VS DOAH CASE NO 09 4203MPI

JUDGE JUNE C MCKINNEY

DANILO BERNOT M D P A C I NO 04 2129 000

Respondent

i

FINAL ORDER

THIS CAUSE is before me for issuance of a Final Order In

a letter dated March 31 2006 Danilo Bernot M D

Respondent was informed that the State of Florida Agency

for Health Care Administration AHCA or Agency was seeking

to recoup Medicaid overpayments in the amount of Forty Six

Thousand Three Hundred Fifty Four Dollars and Twenty One cents

46 354 21 The Respondent was further informed in the letter

that the Agency intended to impose a fine of Two Thousand

Dollars 2 000 00 for violations of Fla Admin Code R

59G 9 070 and to impose a sanction in the form of a Corrective

Action Plan which is attached herein as Exhibit A Pursuant

to 409 913 6 Florida Statutes the letter was sent Certified

Mail return receipt requested to Respondent at the address

last shown on the provider enrollment file Respondent signed

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AHCA v Danilo Bernot

Case No 09 4203MPI

Final Order

for the letter and the Agency received the certified mail card

on April 4 2006

A Petition for an Administrative Hearing was received by

the Agency on April 24 2006 and initially referred to an

Informal Hearing Officer Subsequently the Informal Hearing

Officer entered an Order dated July 29 2009 referring the case

to the Division of Administrative Hearings DOAH

On August 5 2009 the Petition was forwarded to DOAH by

the Agency and assigned to an Administrative Law Judge

Judge

Upon Joint Motion of both parties on September 21 2009

the Judge entered an Order Closing File and therein remanded the

case back to AHCA

The Respondent subsequently filed a Notice of Voluntary

Dismissal with DOAH effective January 11 2010 and furnished a

copy of the Notice of Dismissal to the Agency attorney by United

States mail

ORDER

BASED on the foregoing it is ORDERED AND ADJUDGED that

Respondent Danilo Bernot M D refund forthwith the sum of

Forty Six Thousand Three Hundred Fifty Four Dollars and Twenty

One cents 46 354 21 as a Medicaid overpayment plus a fine of

Two Thousand Dollars 2 000 00 for violations of Fla Admin

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AHCA v Danilo Bernot

Case No 09 4203MPI

Final Order

Code R 59G 9 070 for a grand total of Forty Eight Thousand

Three Hundred Fifty Four Dollars and Twenty One cents

48 354 21 together with statutory interest as set forth in

409 913 25 c Florida Statutes It is further ordered that

AHCA shall impose a sanction in the form of Corrective Action

Plan which is attached hereto and incorporated by reference

herein Respondent shall make payment in full within 30 days of

the rendition of this Final Order

DONE and ORDERED this day of Mol

2010 in Tallahassee Leon County Florida

Z

THOMAS W ARNOLD S CRETARY

AGENCY FOR HEALTH CARE ADMINISTRATION

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AHCA v Danilo Bernot

Case No 09 4203MPI

Final Order

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

June C McKinney

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee Florida 32399 3060

Danilo Bernot M D P A

c o Dagmar Llaudy Esquire

Attorney for the Respondent

1333 Coral Way Suite 202

Miami Florida 33145 2900

Debora E Fridie Esquire

General Counsel s Office MS 3

Johnnie Shepherd Assistant Bureau Chief

Medicaid Program Integrity MS 6

Horace Dozier Field Office Manager

Medicaid Program Integrity MS 6

Jesus Rossello AHCA Administrator

Miami Medicaid Program Integrity Field Office

Finance Accounting MS 14

Molly McKinstry Bureau Chief HQA Long Term Care Services

Division of Health Quality Assurance MS 51

Florida Department of Health

ME 0081415

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AHCA v Danilo Bernot

Case No 09 4203MPI

Final Order

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the

foregoing has been served upon the above named persons by U S

Mail or by email transmission as indicated on this day

of C 4 2010

RICHARD SHOOP AGENCY

State of Florida Agency for

Health Care Administration

2727 Mahan Drive Building 3

Tallahassee Florida 32308 5403

850 5873 922

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