Elawyers Elawyers
Ohio| Change

FI-EVERGREEN WOODS, LLC, D/B/A EVERGREEN WOODS vs AGENCY FOR HEALTH CARE ADMINISTRATION, 13-002270 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-002270 Visitors: 6
Petitioner: FI-EVERGREEN WOODS, LLC, D/B/A EVERGREEN WOODS
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: JAMES H. PETERSON, III
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jun. 18, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 12, 2013.

Latest Update: Aug. 13, 2015
13002270_282_08132015_14435078_e

STATE OF FLORIDA 2015 AUG -Lt A II: I 0

AGENCY FOR HEALTH CARE ADMINISTRATION


FI-EVERGREEN WOODS, LLC d/b/a EVERGREEN WOODS,



vs.

Petitioner,


ENGAGEMENT NO. NH09-134C PROVIDER NO. 263893

RENDITION NO.: AHCA- \S -o '133 -S-MDA

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Respondent.

                                                                              I


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 3rd day of - fl UJ-U_S_f


, 2015, in


Tallahassee, Florida.

ELIZ

Agency for Health Care Administration


Filed August 13, 2015 2:43 PM Division of Adminis1trative Hearings



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 BYLAW, 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:

Ephraim Livingston Assistant General Counsel

Agency for Health Care Administration Office of the General Counsel (Electronic Mail)

Peter A. Lewis, Esquire

3023 N. Shannon Lakes Drive, Suite 101 Tallahassee, Florida 32309

. palewis@petelewislaw.com (Electronic Mail)

Zainab Day, Audit Administrator, Medicaid Program Finance Finance and Accounting

Health Quality Assurance (via email)


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, Laserfiche or electronic mail on this the f                

/J      ,2015.


Richard Shoop, Esquire Agency Clerk

State of Florida

Agency for Health Care Administration 2727 Mahan Drive, MS #3

Tallahassee, Florida 32308-5403

(850) 412-3689/FAX (850) 921-0158



STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION


FI-EVERGREEN WOODS, LLC d/b/a EVERGREEN WOODS,


Petitioner,


vs. ENGAGEMENT NO. NH09-134C

PROVIDER NO. 263893


STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION


Respondent.

                                                              I


SETTLEMENT AGREEMENT


Respondent, STATE OF FLORIDA, AGENCY FOR HEALTH CARE


ADMINISTRATION ("AHCA" or "the Agency"), and Petitioner, FI-EVERGREEN WOODS, LLC d/b/a EVERGREEN WOODS, ("PROVIDER"), by and through the undersigned, hereby stipulate and agree as follows:


  1. This Agreement is entered into between the parties to resolve disputed issues arising from examination engagements NH09-l 34C.

  2. The PROVIDER is a Medicaid provider in the State of Florida operating a nursing home facility that was examined by the Agency.

  3. AHCA conducted an examination of the PROVIDER's cost report as follows: for examination engagement number NH09-134C, AHCA examined the PROVIDER's cost report covering the examination period ending on March 31, 2007.

  4. In its subsequent Examination Report, AHCA notified the PROVIDER that Medicaid reimbursement principles required adjustment of the costs stated in the cost report. The


    Agency further notified the PROVIDER of the adjustments AHCA was making to the cost report. The Examination Report is attached hereto and incorporated herein as Exhibit A.

  5. In response to AHCA's Examination Report, the PROVIDER filed a timely petition for administrative hearing, and identified specific adjustments that it appealed. The PROVIDER requested that the Agency hold the petition in abeyance in order to afford the parties an opportunity to resolve the disputed adjustments.

  6. Subsequent to the petition for administrative hearing, AHCA and the PROVIDER exchanged documents and discussed the disputed adjustments. As a result of the aforementioned exchanges, the parties agree to accept all of the Agency's adjustments that were subject to these

    proceedings as set forth in the Examination Report, except for the following adjustments which the parties agree shall be changed or removed as set forth in the attached Exhibit B, which is hereby incorporated into this Settlement Agreement by reference.

  7. In order to resolve this matter without further administrative proceedings, and to avoid incurring further costs, PROVIDER and AHCA expressly agree the adjustment resolutions, which are listed and incorporated by reference as Exhibit B above, completely resolve and settle this case and this agreement constitutes the PROVIDER'S withdrawal of their petition for administrative hearing, with prejudice.

  8. After issuance of the Final Order, PROVIDER and AHCA further agree that the Agency shall recalculate the per diem rates for the above-stated examination period and issue a notice of the recalculation. Where the PROVIDER was overpaid, the PROVIDER will reimburse the Agency the full amount of the overpayment within thirty (30) days of such notice. Where the PROVIDER was underpaid, AHCA will pay the PROVIDER the full amount of the underpayment within forty-five (45) days of such notice.



    Payment shall be made to:

    AGENCY FOR HEALTH CARE ADMINISTRATION

    Medicaid Accounts Receivable - MS #14 2727 Mahan Drive, Building 2, Suite 200

    Tallahassee, Florida 32308


    Notice to the PROVIDER shall be made to:


    Peter A. Lewis

    Law Offices of Peter A, Lewis, P.L. 3023 N. Shannon Lakes Drive, Suite 101 Tallahassee, Florida 32309


  9. Payment shall clearly indicate it is pursuant to a settlement agreement and shall reference the audit/engagement number.

  10. 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 the PROVIDER for any Medicaid claims.

  11. The parties are entitled to enforce this Agreement under the laws of the State of Florida, the Rules of the Medicaid Program, and all other applicable law.

  12. This settlement does not constitute an admission of wrongdoing or error by the parties with respect to this case or any other matter.

  13. Each party shall bear their respective attorneys' fees and costs, if any.


  14. The signatories to this Agreement, acting in their representative capacities, are duly authorized to enter into this Agreement on behalf of the party represented.

  15. The parties further agree a facsimile or photocopy reproduction of this Agreement shall be sufficient for the parties to enforce the Agreement. The PROVIDER agrees, however, to forward a copy of this Agreement to AHCA with original signatures, and understands that a Final Order may not be issued until said original Agreement is received by AHCA.


  16. 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.

  17. This Agreement constitutes the entire agreement between PROVIDER 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 PROVIDER and AHCA other than as set forth herein. No modifications or waiver of any provision shall be valid unless a written amendment to the Agreement is completed and properly executed by the parties.

  18. 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.

  19. Except with respect to any recalculation(s) described in Exhibit B, PROVIDER expressly waives in this matter their 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 these proceedings and any and all issues raised herein, other than enforcement of this Agreement. The PROVIDER further agrees the Agency shall issue a Final Order, which adopts this Agreement.

  20. 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.



  21. To the extent 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.

  22. This Agreement shall inure to the benefit of and be binding on each party's successors, assigns, heirs, administrators, representatives and trustees.


THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK


FI-EVERGREEN WOODS, LLC d/b/a EVERGREEN WOODS



Printed Title of Providers' R resentative

Dated: Tuite 23

,2015



Legal Counsel for Provider

Dated:,/

/ , 2015



THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK


Settlement Agreement Engagement No: NH09-134C Page 6 of7



FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308-5403


Justin

Deputy Secretary, Medicaid


Dated: ----8--/, ,2015

Dated: 7/47ft ..S ,2015

tu rt F. Williams General Counsel

-----1 -


Dated:      l

/_z._l-(

, 2015



Ep7mri':"iTtfngston Assistant General Counsel

Dated: '7 , 2015


Settlement Agreement Engagement No: NH09-134C Page 7 of7


RICK SCOTT

GOVERNOR

A Divfflria,i of the Ag for Health:.Ca1'9 Adm:/11i,;!ration

Better Health Care for all Floridians ELIZABETH DUDEK

INTERIM SECRETARY



EVERGREEN WOODS

FI-,,EVERGREEN WOODS, .LLC 7045 EVERGREEN WOODS TRAIL SPRING HILL, FL 346.08


Provider No.: 26389j

January 30, 2011 Certified Mail Receipt No. 7008 1830 0000 6859 2968

Examination Period/Engagement No.: March 31, 2007/NH09-134C Dear Administrator:

We have completed the examination of your facility 1 s Medicaid cost report for the period specified above.. A copy of the examination report is attached for your information.


Examination adjustments result from the application of Medicaid reimbursement principles to costs as reported on the Medicaid cost report for the period specified. You have the right to request

a formal or informal hearing pursuant to Section 120.57, Florida Statutes. If a petition for a formal hearing is made, the petition must be made in compliancewij:h Section 28-106.201, Florida Administrative Cc:ide.. Please note that Section 28-106.201(2) specifies that the p tition shall.contain a concise discussion

of specific items in dispute. Additionally, you are hereby informed that if a request for a·hearing is made, the request or petition must be receive<i within twenty-one (21) days of your receipt of this.letter, and that failure to timely request a hearing shall be deemed a waiver of your right to a hearing.

Please address all petitions for a hearing and/or questions to

2727 'Mahan Drive, Mail Stop 211 Tallahassee, FL. 32308.

Since:r:ely,

ctk t:]) !}'-LAY}.

Lisa D. Milton

Administrator of Audit Services Medicaid Program Analysis (850) 412-4102

I It

EXHIBIT

Attachment(s):



2727 Mahan Drive, MS# 21

Tallah;;i,.see, Florida 32308

Visit AHCA onlina at AHCA.MyFlorida.com


EVERGREEN WOODS MEDICAID EXAMINATION REPORT

FOR THE YEAR ENDED MARCH 31, 2007

EVERGREEN WOODS

MEDICAID EXAMINATION REPORT

FOR THE YEAR ENDED MARCH 31. 2007


TABLE OF CONTENTS


Page


Independent Accountants' Report........................................................................................:. 1 • 2


Schedules:

Schedule of Costs. 3 - 4

Schedule of Charges. 5

Schedule of Statistics and Equity Capital................,. 6

Schedule of Allowable Medicaid Costs. 7

Schedule of Fair Rental Value System Data....,. 8

Schedule of Direct Patient Care 9 - 11

Notes to Schedules............................................................,. 12

Attachment A:

Adjustments 13 - 18


-

(J:TCTIJ"TI'[! P\"[;J I(

:"'1.Cf_Ul ' 1."i.. 1..,;;... ( tJN'-iUl IA'-!/:-,,

Independent Accountants' Report


Secretary

Agency for Health Care Administration:


We have examined the schedules and statistical data, as listed in the Table of Contents, which were derived from the Cost Report for Florida Medicaid Program Nursing Home Service Providers (the "Cost Report") of Evergreen Woods, (the "Provider"), for the year ended March

31. 2007. These schedules and statistical data are the responsibility of the Provider's management. Our responsibility is to express an opinion on the schedules and statistical data based on our examination.


Except as discussed in the following paragraph, our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining on a test basis, evidence supporting the accompanying schedules and statistical data and performing such other procedLJres as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion.


The Provider is reimbursed under the Fair Rental Value System ("FRVS"). Accordingly, property cost information for depreciation, interest and rent included on the Schedule of Costs, equity capital information on the Schedule of Statistics and Equity Capital. capital replacement and equity in capital assets information on the Schedule of Fair Rental Value System Data and related per diem information on the Schedule of Allowable Medicaid Costs have not been subjected to examination procedures.


Attachment A to this report includes adjustments which, in our opinion, should be recorded in order for the data, as reported, in the accompanying schedules for the year ended March 31, 2007. to be presented in conformity with federal and state Medicaid reimbursement principles as described in Note 1. To quantify the effect of the required adjustments, we have applied the adjustments as described in Attachment A to the amounts and statistical data, as reported, in the accompanying schedules.


In our opinion, except for the effects of such adjustments as might have been determined to be necessary had amounts and data described in the third paragraph above been examined. and for the effects of not recording adjustments as discussed in the preceding paragraph, the accompanying schedules and statistical data listed in the Table of Contents present, in all material respects, the amounts and statistical da derived from the Cost Report of Evergreen

Woods, for the year ended March 31, 2007. in conformity with federal and state Medicaid reimbursement principles as described in Note 1.

This report is ifltended solely for the information and use of the State of Florida's Agency for Health Care Administration and management of Evergreen Woods. and is not intended to be and should not be used by anyone other than these specified parties.



Orlando, Florida June 4, 2010

SCHEDULE OF COSTS

FOR THE YEAR ENDED MARCH 31, 2007



Cost Center Totals


Costs to be allocated:

A'!i

Reported

lncrnase

       (Decreasei

As

        Adjusted

Pl.ant operation

$ 372.759

$ (1,062)

$ 371,697

Housekeeping

129,851


129,851


502,610

(1,062}

501,548

Administration

Owner's administrative compensation

1,120,016

(189,366)

930,650


1Ji22!626

190,428}

1,432,198

Patient care costs:




Direct care

2,874,521

(86,900)

2,787,621

Indirect care

812,763

109,813

922,576

Dietary

537,963

(17,449)

520,514

Activities

61,781

(12,467)

49,314

Social services

144,630


144,630

Medical records

Central supply

27.205

(40)

27,165


4,458,863

(7,043)

4,451,820

Laundry atid linen costs

94,751


94,751

Allowable ancillary cost centers:




Physical therapy

386,610


386,610

Speech and audiological therapy

138,804


138,804

Occupational therapy

359,483


359,483

Complex medical equipment

26,632


26,632

Medical supplies

InhaJation/respiratory therapy

1v therapy

14,770


117,877

14,770


117.877

Parenteral nutrition




Other





926.299

117,877

1,044.176


F'roperty costs:





Rent/Lease on property

Interest on property Depreciation expense

(not examined) (not exarnlnad)

(not examined)

1,282.649


16,025


1,282,649


16,025

Insurance on property


179,912


179,912

Taxes on property

Home office property


109,065


109,065

other property costs







1,587,651


1,587:651

Nonallowable ancillary costs;





Radiology


21.429

10,625

32,054

Lab


57,303

15,940

73.243

Pharmacy

Other


60.414

(10,655)

49,759



           139.146  

              15,910  

              155,056


The accompanying notes are an

tntegral pan or this scnettuie.

3 NH09·134C

263893

SCHEDULE OF COSTS

FOR THE YEAR ENDED MARCH 31, .2007



Co5t Center Totahs

As

Reported

lncreaJ;G

{Decrease!

As

Adjusted

Other nonreimbursable costs:




Gift shop




Clinic




Beauty and barber

Adult day care


4,272

4,272

Child day care




other






4,272

4,272


Total operating costs


8,829,336


(59,412)


8,769,924

Medicaid bad debts

20,612


20,612


Total costs


$


8,849,948    $        (59,412}   $ 8,790,536


The accompanying notes are an Integral part of this schedule.

4 NH09-134C

263893


1G/L0 39\;;:'d SW\;;:'IllIM QI\;;:'8IG3W

SCHEDULE OF CHAllGES

FOR THE YEAR ENDED MARCH 31, 2007



Usual and customary daily rate

As

Reeorted


$ 323.64

Increase

        (Decrease)


$ 4.64

As

         Adjusted


$ 328.28


Patient Charges:





Medicaid:

Ancillary cost centers:




Physical therapy

$ 8,347

$

$ 8,347

Speech and audiological therapy




Occupational therapy

8,462


8,462

Complex medical equipment

20,760


20,760

Medical supplies

4,034

(206)

3,628

Inhalation/respiratory therapy




IV therapy


2,986

2,986

Parenteral nutrition




Other




Room and board

4,889,891


4,889,891


Totals


4!931.494


2,780


4,934,274


Medicare:




Ancillary cost centers:




Physical therapy

1,903,522


1,903,522

Speech and audiological therapy

594,211


594,211

Occupational therapy

1,637,331


1,637,331

Complex medical equipment

15,740


15,740

Medical supplies

40.877

(16,899)

23,978

Inhalation/respiratory therapy




IV therapy


132,724

132,724

Parenteral nutrition




Other




Room and board

2,757,197


2,757,197

Totals

6.948,878

115,825

7.064,703


Private and other:




Ancillary cos! centers:




Physical therapy

219,358


219,358

Speech and audiological therapy

58,408


58,408

Occupational therapy

157,034


157,034

Complex medical equipment

7,478


7,478

Medical supplies

3,584

(137)

3,447

Inhalation/respiratory therapy




IV therapy


29,317

29,317

Parenteral nutrition




Other




Room and bo<i!rd

1,592,448


1,592,448

Totals

2,038,310

29,180

2,067,490

Total Charges $ 13,918,682        $       147,785         $ 14,066,467              


The accompanying notes are a.n 5 NH09-134C

integral part of this scliedule. Z63893

SCHEDULE OF STATISTICS AND EllUITY CAPITAL

FOR THE YEAR ENDED MAR.CH 31, 2007



A!'.

Reported


lncmase


                           

(Decrease)


Statistics:



Patient days:


Medicaid

21,711

21,711

Medicare

12,360

12,360

Private and other                   6,298 6,298

Number of beds 120 120


Total patient days


Percent Medicaid


Facility square footage;


Return on equity before apportionment


Type of ownership: Non-profit Corporation


  $          8,582  

  $     (6,845)


  $           1,737  

Do1te c0st report accepted: November 26, 2007




The aecompanying notes are an Integral part of this schedule.

6


NHO!H34C

263893

Allowable ancillary c;ost centers:


40,369 40,369

53.78% 0,00% 53.78%

Physical therapy

2,267


2,267

Speech and audiological therapy

104


104

Occupational therapy

Complex medical equipment

1,044


1,044

Medical supplies

Inhalation/respiratory therapy

165

129

294-

IV therapy




Parenteral nutrition




other

Patient care


22,174


(138)


22,036

Laundry and linen

Radiology

1,137


1.137

Lab

Pharmacy




Other




Gift shop




Clinic

Beauty and barber


99


9


108

Adult day care




Child day care

Other - nonreimbursable


                          


                          


                           


Total facility square footage

            26,990



26,990

Equity Capital:


(not examined)





Ending equity capital


$ 572,015

$


$ 572,015

Average equity capital


$ 542,033

$ (434,946)


$ 107,087


Annual rate of return



1.563%


0.039%



1.622%

SCHEDULE OF ALLOWABLE MEDICAID COSTS

FOR THE YEAR ENDED MARCH 31, 2007


Total Costs:


Allocatione & Cost After Co5tAs Apportionment Allocations &

Reimbursement Class Ad1usted {Note 21 Aeeortionment


Operating


$ 1,547,551

$ (841,877}

$ 705,654

Direct care


2.787.621

(1,288,400)

1,499,221

Indirect care


2,708,375

(1,793,631)

914,744

Property

(not examined)

1,587,651

(733,757)

853,894

Nonreimburs.able


159,328

4,657,665

4,816,993

Totals (page 4)


8,790,536


8,790,536

Return on Equity (page 6)

(not examined)

1,737

(950)

767

Non-Medicaid



950

950


Totals


$ 8,792,273


$


$ 8,792,273



Allowable Medicaid Costs:


Increase

As (Decrease) As

Rtc!imbursemont Class Reported         {Note 11    Adjusted


Operating


$ 799,629

$ (93,945)

$ 705,684

Direct care


1,545,956

(46,735)

1,499,221

Indirect care


869,083

45,661

914,744

Property

(not examined)

853,894


853,894

Return on Equity

(not examined)

3,955

(3,16Bl

787

Totals $    4,072,517    $ {98,187)      $     3,974,330


Allowable Medicaid Per Diem Costs:


As


Increase (Decrease)


As

Reimbursement Class

R111port8d

       (Note 1)

       Adjusted

Operating

$ 36.83

$ (4.33)

$ 32.50

Direct care

71.21

(.2.16)

69.05

Indirect care

40.03

2.10

42.13

Property (not applicable if reimbursed under FRVS)

39.33


39,33

Return on Equity

0.18

(0.14}

0.04

Initial Medicaid per diern (Note 3)

$ 187.58

$ (4.53)

$ 183.05


The accompanying notes are an integral part of this schedule.

7 NH09-134C

263893

SCHEDULE OF FAIR RENTAL VALUE SYSTEM DATA

FOR THE YEAR ENDED MARCH 31, 2007


As

lncroase

As

Reported

(Oecre use!

AdjU$ktd

Capital Additions and Improvements;

04/01/2006

-

06/30/2006

$

$

$

07/01/2006

-

12/31/2006

3,132


3,132

Acquisition costs:


01/01/2007 . 03/31/2007                                                                                          

Totals $ 3,132 $ $ 3,132


Original loan amount $ $ $


Retirements $ $ $


Capital Replacements: (not examined)

Acquisition c:osls:

04/01/2006 • 03/31/2007 $ 13.084 $ $ 13,084


Original loan amount

$

$

$


Pass-through costs (Note 4):




Acquisition:

04/01/2006 - 03/31/2007




Depreciation


$ 511

$

$ 511

Interest





Prior to 04/01/2006





Depreciation


15,302


15,302

Interest






Totals



$ 15,813


$


$ 15,813


Equity in Capital Assets:


(not examined)





Ending equity in capital assets


$ 92,855


$


$ 92,855


Average equity in capital assets


$ 46.428


$


$ 46,428


Annual rate of return


1.583%


0.039%


1.622%


Return on equity in capital assets before apportionment


$ 735


$ 18


$ 753


Return on equity in capital assets apportioned to Medicaid


$


332


$


8


$


340


Mortgage Interest Rate:


No mortgage


The aecompanytng notes are an

Integral part of this sehndule.

8 NH09•l34C

263893

SOllEDULE OF DIRECT PATIENT CARE .

FOR THE YEAR ENDED MARCH 31, 2007



AG

Reported

lncmaso

Decrease}

As.

Adjusted

N Data

Productive Salaries $ 237,956 $ $ 237,956

Non-Productive Salanes

12,815


12,815

Total Salaries

$ 250,771

$

$ 250,771


FICA


$ 18,449


$


$ 18,449

Unemployment Insurance

1,525


1,525

Health Insurance

8,099


8,099

Workers Compensation

6,121

(7,675)

(1,554)

other Fringe Benefits

2,216

(1,613}

603

Total Benefits

$ 36,410

$ (9,288)

$ 27,122


Productive Hours


9,394


9,394

Non-Productive Hours

506

506

Total Hours

9,900

9,900

R


LPN Data

Productive Salaries

$ 755,814

$

$ 755,814

Non-Productive Salaries

40,704


40,704

Total Salaries

$ 796,518

$

$ 796.518


FICA


$ 58,599


$


$ 58,599

Unemployment Insurance

4,845


4,845

Health Insurance

25,726


25,726

Workers Compensation

19,441

(24,377)

{4,936)

other Fringe Benefits

7,038

(5,121}

1,917

Total Benefits

$ 115,649

$ (29,498}

$ 86,151


Productive Hours


37,363


37,363

Non-Prodwctive Hours

2,012

2,012

Total Hours

39,375

39,375


CNA Data

Productive Salaries

$ 1,232,802

$

$ 1,232,802

Non-Productive Salaries

66,392


661392

Total Salaries

$ 1.299,194

$

$ 1,299,194


FICA


$ 95,581 $



$ 95,581

Unemployment Insurance

7,903


7,903

Health Insurance

41,961


41,961

Workers Compensation

31,711

(39,76:Z)

(8,051)

other Fringe Benefits

11,479

{8,352)

3,127

Total Benefits

$      188,635         $

(48,114)

    $    140,521


Productive Hours


107,248


107,248

Non-Productive Hours

5,776

5 776

Total Hours

113,024

113,024


The accompanying notes are an

lnteg-ral part of this schedule.

9 NH0&-134C

263893

FOR THE YEAR ENDED MARCH 31, 2007



A!S

Reported


lncr ase>

{Decn,ase)

As

Adjusted

Agency Data





RN costs

$ 332

$


$ 332

LPN costs

74,305



74,305

CNA costs

112,707



112,707

Total Agency Costs

$ 187,344

$


$ 187,344


RN hours


9


9

LPN hours

2,049

2,049

CNA hours

4,836

4,836

Total Agency Hours

6,894

5,894


Pediatric Ofh at · RN




Productive salaries

$

$

$

Non-Productive Salaries




Total Salaries

$

$

$


Productive Hours

Non-Productive Hours

Total Hours


Pediatric Offsgt - LPN

reductive Salaries


$


$


$

Non-Productive Salaries




Total Salaries

$

$

$


Productive Hours

Non-Productive Hours

Total Hours


Pediatric Offset CNA

r

Productive Salaries $ $ $ Non-Productive Salaries

Total Salaries $ $


Productive Hours

Non-Productive Hours

Total Hours


Pediatric Offset - Agency

RN costs

LPN costs

$

$

$

CNA costs




rotal Agency Costs

$

$

$


RN hours LPN hours CNA hours

Total Agency Hours


The accompanying notes are an

integral part of this schedole.




10 NH09-1S4G

263893

FOR THE YEAR ENDED MARGH 31, 2007


As

Jncreasa

As

RQport&d      (Decrease)                Adjustq.d


$


$


$

$

$

$

AIDS Offset RN

Productive Salaries

Non-Productive Salaries

Total Salarlgs


Productive Hours Non-Productive Hours

Total Hours


AIDS Offset LPN

Productive Salaries . $ $ $

Non-Productive Salaries

Total Sal.!lries $ $ J

Productive Hours Non-Productive Hours

Total Hours


AIDS Offset CNA

Productive Salaries $ $ $

Non-Productive Salaries

Total Salaries $ $ $

Productive Hours

Non-Productive Hours

Total Hours


AIDS Offset Agency Data

RN costs $ $ $

LPN costs CNA costs

Total Agency Costs $ $ $

RN hours LPN hours CNA hours

Total Agency Hours


Data for AU Departments

Total Salaries

$ 3,449,790

$

$ 3,449,790


FICA


$ 253,193


$


$ 253,193

Unemployment Insurance

19,399


19,399

Health Insurance

105,994


105,994

Workers Compensation

73,885

(91,105)

(17,220)

Other Fringe Benefits

45,357

(151086J

30 271

Total Benefits

$ 497,828

$ (106,191}

$ 391,637


The accompanying notes are an

integral part of this scb11dule.

11 NH09-134C

263893

EVERGREEN WOODS NOTES TO SCHEDULES

FOR THE YEAR ENDED MARCH 31, 2007


Note 1 - Basis of Presentation


The Schedules listed in the Table of Contents, which were derived from the Cost Report for Florida Medicaid Program Nursing Home Service Provlders (the "Cost Report") for the applicable period have been prepared in conformity with federal and state Medicaid reimbursement principles, as specified in the State of Florida Medicaid Program and as defined by applicable cost and reimbursement principles, policies and regulations according to Medicare principles of reimbursement as interpreted by the Provider Reimbursement Manual (CMS Pub. 15-1), Florida Title XIX Long-Term Care Reimbursement Plan and the policies and procedures manuals for Nur5ing Home Services of the Agency for Health Care Administration of the State of Florida.


. The balances in the "As Reported" columns of the schedules are the assertions and responsibility of the management of nursing home. The balances in the "As Adjusted" columns are the result of applying the adjustments reflected in the "lncrease/(Decrease)" columns to the

balances in the "As Reported" columns.


Note 2 - Allocatlons and Apportionment


Schedules G, G-1 and H of the Cost Report allocate allowable administration, plant operation and housekeeping costs to allowable and nonallowable ancillary, patient care, laundry and linen and nonreimbursable cost centers based on predetermined statistical bases, such as square footage or total costs, as explained in the Cost Report. These schedules then apportion allowable costs after allocations to the Medicaid program based on other statistical bases, such as patient days or ancillary charges, as explained in the Cost Report. The net effect of such allocations and apportionment on each reimbursement class is presented in the Schedule of Allowable Medicaid Costs.


Note 3 - Initial Medicaid Per Diem


Medicaid per diem costs for property and return on equity have been calculated under the provisions of the Florida Title XIX Long-Term Care Reimbursement Plan, excluding fair rental value provisions. The effect, if any, of the fair rental value system, will be determined during the rate setting process, and where applicable, prospective rates will be calculated by applying inflation factors, incentives, low utilization penalties and reimbursement ceilings.


Note 4 - Capital Replacement Pass-through Costs


Capital replacement pass-through costs in the form of depreciation and interest are presented without regard to the number of years remaining, if any, to full fair rental value system phase-in. Accordingly, pass-through reimbursement will be calculated based on amounts equal to or less

than fifty percent of the costs presented herein as capital replacement pass-through costs. Once full fair rental value system phase-in has occurred, no capital replacement costs are

allowed to be passed-through.


12 NH09-134C

263893

ATI'AOHMENT A · ADJUSTMENTS

FOR THE YEAR ENDED MARCH 31, 2007



Classification


Adjustments to Costs {pages 3 - 4}


Plant OperatiQn


Account

Number Comment



Increase (Decrease)


1. Workers' compensation

710450

To adjust workers' compensation based on $

(246)



aggregated claims experience. (Section 2304,

CMS Pub. 15-1)


2. Maintenance - building

710720

To disallow costs incurred prior to cost report

(780)



period. (Section 2302.1, CMS Pub. 15-1)



3. Utilities


710810


To offset rebate revenue. (Sections 800 and


(36)



804, CMS Pub. 15-1)





(1,062)

Administr§tion:




4. Workers' compensation

730450

To adjust workers' compensation based on

aggregated claims experience. {Section 2304,

(1,539)



CMS Pub. 15-1)


5. Management fees - non-related

730520

To reclassify costs to the proper cost center.

(164,205)

party


{Section 2302.8, CMS Pub. 15-1)


6. Data processing - non-related

730530

To reclassify costs to the proper cost center.

27,185

party


(Section 2302.8, CMS Pub. 15-1)


7. Legal

730580

To disallow costs not included in the proper

(22,061)



cost report period. (Section 2302.1, CMS Pub.




15-1)


8. Interest expense. non-related

party

730907

To offset interest income against interest

expenses. (Section 202.2, CMS Pub. 15--1)

(28,746)





(189,366)

Patient Care:




9. Workers' compensation (direct)

810450

To adjust worKers' compensation based on

(71,814)



aggregated claims experience. (Section 2304.

CMS Pub. 15-1)


10. Other payroll taxes arid benefits

810490

To reclassify costs to the proper cost center.

(15,086)

(direct)


(Section 2302.8, CMS Pub. 15-1}






NH09·134C



13

263893

ATl'ACBMENT A - ADJUSTMENTS

FOR THE YEAR ENDED MARCH 31, 2007



                      Classlflcatlon                       


Adjustments to Costs {continued)

Account

      Number       


                              Comment                               

Increase (Decrease)

11. Other supplies expense

(indirect)

911790

To reclassify costs to the proper cost center. (Section 2302.S, CMS Pub. 15-1)

$ 8,838

12. Recruitment expense (indirect)

911903

To reclassify costs to the proper cost center.

6,248



(Section 2302.8, CMS Pub. 15"1)


13. Consultant services - nursing -

911370

To reclasslty costs to the proper cost center.

164,205

non-related party (indirect)


(Section 2302.8, CMS Pub. 15-1)


14. Non-capitalized equipment

911610

To disallow costs incurred prior to cost report

(2,337)

purchases {indirect)


period. (Section 2302.1, CMS Pub. 15-1)



15. Non-capitalized equipment


911610


To disallow costs recorded twice. (Section


(2,054)

purchases (indirect)


2304, CMS Pub. 15-1)


16. Other nursing service expense

911990

To reclassify costs to the proper cost canter.

(26,565)

(indirect)


(Section 2302.8, CMS Pub. 15.1)


17. Other nursing service expense

911990

To reclassify costs to the proper cost center.

(27,185)

{indirect)


(Section 2302.8, CMS Pub. 15-1)


18. other nursing service expense

911990

To correct and reclassify IV supplies to proper

{11,327)

(Indirect)


cost center_ (Section 2302.B, CMS Pub. 15-1)



19. Workers' compensation (dietary)


912450


To adjust workers' compensation based on


(17,449)



aggregated claims experience. (Section 2304,




CMS Pub. 15·1)


20. Workers' compensation

914450

To adjust workers' compensation based on

(17)

(activities)


aggregated claims experience. (Section 2304,




CMS Pub. 15-1)


21. Other supplies and service

914790

To disallow Cable-TV costs associated with

(12,450)

expense (activities)


patient rooms. (Section 2106.1, CMS Pub. 15-




1)


22. Workers' compensation (medical

916450

To adjust workers' compensation based on

(40)

records)


aggregated claims experience. (Section 2304,




CMS Pub. 15-1)





(7,043)


NHD9-134C



                     Clas:ilfication                       


Account

      Number                 Comment                                  


Increase (Decrease)


Adjustments to Costs {concluded}


Allowable Ancillary:


23. Other supplies and services


928790 To adjust and reclassify costs to the proper


$ 117,877

expense (IV therapy)

cost center. (Sections 2302.8 and 2328, CMS



Pub. 15-1)


Nonallowabla Ancillary:



24. Contract services - non-related

940510 To reclassify costs to the proper cost center.

10,625

party

(Section2302.8, CMS Pub.15-1)


25. Contract services - non-related

941510 To reclassify costs to the proper cost center.

15,940

party

(Section 2302.8. CMS Pub. 15-1)


26. Legend drugs (covarad by

942720 To adjust and reclassify nonallowable costs to

(10,655)

Medicaid Prescription Drug

ex,ijmined amount. (Sections 2302.8 and


Program)

2328, CMS Pub. 15-1)




15,910

other Nonreimbursablja:



27. Beauty and barber expenses

990300 To reinstate beauty and barber expense for

4,272


cost allocation. (Section 2328, CMS Pub. 15-

. 1)



Net Adjustment to Costs

$ (59,412)


Adju:.tments affecting Ending Equity Capital (page 6)


No adjustments


Ad)ustments affectiQa Charges (page 5)


Medicaid:


  1. Medical supplies


  2. IV therapy

606100


611100

To reclassify charges to the proper cost center. $

(Section 2302.8, CMS Pub. 15-1)


To reclassify charges to the proper cost center.

(Section 2302.8, CMS Pub. 15-1)

(206)


2,986


2,780



NH09-134C


Account


Increase

                    Classification                           Number     

                               Comment                               

(Decreasel

Adjustments affecting Charges (concluded)



MMicara:



30. Medical supplies 606210

10 reclassify charges to the proper cost center.

$ (16,899)


(Section 2302.8, CMS Pub. 15-1)


31. IV therapy 611210

To reclassify charges to the proper cost center,

132,724


(Section 2302.8, CMS Pub. 15·1)




        115,825

  Private and other:                  



32. Medical supplies 606300

To reclassify charges to the proper cost center. (Section 2302.8, CMS Pub. 15-1)

$ (137)

33. IV therapy 611300

To reclassify cha es to the proper cost center.

29,317


(Section 2302.8, CMS Pub. 15-1)




29,180


Net Adjustment to Charge::i

$ 147,785

Adjustments affecting Statistics (page 6)




Facility Square Footage:


34. Medical supplies Patient care Beauty and barber

To adjust the statistical basis for cost alloc.ition based on audited data. (Sections 2102.3 and 2304, CMS Pub, 15-1)

129

{138)

9


Net Adjustment to Square Footage                    


Adiustments affacting Direct Patient Care Information (pages 9 -11}


RN - Fringe Benefits:


35. Workers' compensation

To adjust to amounts supported. (Florida Title XIX Long-Term Care Reimbursement Plan- Section V.B.)

$ (7,675)

36. Other fringe benefits

To adjust to amounts supported. (Florida Title

(1,613)


XIX Long-Term Care Reimbursement Plan­ SectiOn V.B.)




$ (9,288)


NH09·134C

16 263893

A'rl'ACHMENT A - ADJUSTMENTS

FOR THE YEAR ENDED MARGH 31, 2007



                     Cla$Sification                       


Account

      Number                                      Comment                                   


Increase

(Decrease)


Adjustments aff2cting Direct Patient Care Information (concluded}


LPN - Fringe Benefits:


37. Workers· compensation


To adjust to amounts supported. (Florida Title


$ (24,377)


XIX Long-Term Care Reimbursement Plan-



Section V.B.)


38. Othar fringe benefits

To adjust to amounts supported. (Florida Title

(5,121)


XIX Long-Tenn Care Reimbursement Plan"



Section V.8.)




$ (29,498)

CNA - Fringe Benefits:



39. Workers' compensation

ro adjust to amounts supported. (Florida Tftle XIX Long-Term Care Reimbursement Plan- Section V.B.)

$ (39,762)

40. Other fringe benefits

To adjust to amounts supported. (Florida Title

(8,352)


XIX Long-Term Care Refmbur.Jement Plan-



section V.B.)




$ (48,114}

All Departments - Fringe Benefits:



41. Workers' compensation

To adjust to amounts supported. (Florida Title XIX Long"Term Care Reimbursement Plan-

$ (91.105)


Section V.B.)


42. Other fringe benefits

To adjust to amounts supported. (Florida Title

(15,086)


XIX Long-Term Cara Reimbursement Plan-



Section V.6.)




$ (106,191)



NH09-134C

17 263893

ATTACHMENT A· ADJUSTMENTS

FOR THE YEAR ENDED MARCH 31, 2007


The following adjustments reported in the Schedule of Fair R@nlal Value System Data are in .iccordance with the fair rental value system provisions of the Florida Title XIX Long-Term Care Reimbursement Plan and, where appropriate, the applicable sections of Chapters 100, Depreciation, and 2300, Adequate Cost Data and Cost Finding, of the Provider Reimbursement Manual (CMS Pub. 15-1). The Provider has been furnished with schedules developed during the course of the audit which detail allowable components of the fair rental value system.


Fair Rental Value System Data


Increase

{0'1CfVHlil}

Classification


Capital Additions and Improvements:


  1. Acquisition costs $


  2. Retirements $


    Capital Replacements: (not examined)


  3. Acquisition costs $


  4. Pass-through costs $


    Equity in Capital Assets: (not examined)


  5. Ending equity $


  6. Average equity $

  7. Return on equity bBfore apportiontnent $ 18

6. Return on equity apportioned to Medicaid $ 8


18 NH09-I34C

263893


SW IllIM GI 8IG3W 9t,Tz;E9EP05


May 19, 2015

Zainab Day

Acting Administrator of Audit Services Agency for Health Care Administration 2727 Mahan Drive, MS #21

Tallahassee, FL 32308


RE: Evergreen Woods

Examination Period: F/Y/E March 31, 2007 Engagement No.: NH09-134C


EXHIBIT

j

8

Revisions to Attachment A: Adjustments


Adjustment No.

From

To




1 - Plant Op (w/c)

(246)

1,057




4-Adm (w/c)

(1,539)

6,605




9 - Patient care (w/c)

(71,814)

5,115




19 - Dietary (w/c)

(17,449)

3,591




20 -Activities (w/c)

(17)

74




22 - Medical records (w/c)

(40)

170




New - Indirect PC (w/c)

-0-

(16,612)




Direct Patient Care:



35- RN fringe benefits (w/c)

(7,675)

547

37 - LPN fringe benefits (w/c)

(24,377)

1,736

39 - CNA fringe benefits (w/c)

(39,762)

2,832

41 -All Dept (w/c)

(91,105)

-0-

r.,. }    Evergreen Woods Health 7045 Evetgteen Woods Ttail

            _an_d_R_e_h_a_h_m_·t_an_·_on_C_e_n_t_er                  

s_pn_'ng_H_i_n,_FL_3_4_608

A NOT FOR PROFIT FACILITY Phone: (352) 596-8371


May 22, 2015


Zainab Day Audit Services

Agency for Health Care Administration 2727 Mahan Drive MS #21

Tallahassee, FL 32308


RE: Evergreen Woods

Audit Period/Engagement No.: March 31, 2007/NH09-134C/263893 Dear Ms. Day:

Per agreement between Errol Williams and me, we would like to propose that the Medicaid Examination Report for the above provider be revised based on the Exhibit B attachment. The settlement stipulation can be prepared with those agreed upon changes.

Please let me know if you have any questions about the above. Thank You,

e,,\Lv

Julie C. Kleiser

Director of Reimbursement Kane Financial Services, LLC


A Member of a Not Far Profit Organization


Docket for Case No: 13-002270
Issue Date Proceedings
Aug. 13, 2015 Agency Final Order filed.
Nov. 12, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 08, 2013 Motion to Relinquish Jurisdiction filed.
Oct. 10, 2013 Order Re-scheduling Hearing (hearing set for November 14, 2013; 9:00 a.m.; Tallahassee, FL).
Oct. 01, 2013 Response to Order Granting Continuance filed.
Sep. 19, 2013 Order Granting Continuance (parties to advise status by October 3, 2013).
Sep. 17, 2013 Motion for Continuance filed.
Jun. 24, 2013 Order of Pre-hearing Instructions.
Jun. 24, 2013 Notice of Hearing (hearing set for October 1, 2013; 9:00 a.m.; Tallahassee, FL).
Jun. 20, 2013 Joint Response to Initial Order filed.
Jun. 18, 2013 Agency action letter filed.
Jun. 18, 2013 Petition for Formal Administrative Hearing filed.
Jun. 18, 2013 Notice (of Agency referral) filed.
Jun. 18, 2013 Initial Order.

Orders for Case No: 13-002270
Issue Date Document Summary
Aug. 04, 2015 Agency Final Order
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer