STATE OF FLORIDA bayee gi AGENCY FOR HEALTH GARE ADMINISTRATION _ MIAMI GARDENS CARE CENTRE INC., d/b/a MIAMI GARDENS CARE CENTRE, Petitioner, _ La? vs. CASE NO.: 99-5227 AUDIT NO.: NH97-008 , STATE OF FLORIDA, AGENCY RENDITION NO.: AHCA-O1- {2O-S-MpA FOR HEALTH CARE : ADMINISTRATION, Respondent. / FINAL ORDER This cause came before me for the purpose of issuing a final agency order, it appearing from the Settlement Agreement and Order Closing File, attached and incorporated herein, that there are no remaining disputed issues of fact. | FINDIN F FACT ; 1. On Yh 3 2001, a Settlement Agreement between the parties was executed “ake dismissed the Petitioners case agairist the Agency. On » 2001 an Order Closing File was entered by the Division of Administrative Hearings, returning jurisdiction to the Agency for final disposition. 2. There are no remaining disputed issues of fact or law. < INCLUSION: LAW The Agency has jurisdiction over the parties and subject matter pursuant to Section 120.57, Fla. Stat. (2000). The parties are directed to comply with the terms of the ed Settlement and Dismissal. _ The petition is dismissed and the file is closed this en of Way ; 2001. Ruben J. King-Shaw, Jr. ; Secretary ae Agency for Health Care Administration : A PARTY WHOIS 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, 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 OF PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. Copies Furnished to: Florence Snyder Rivas Administrative Law Judge DOAH 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Steven Grigas, Esquire AHCA, Bldg. #3 2727 Mahan Drive Tallahassee, FL 32308 Peter Lewis, Esquire Goldsmith, Grout & Lewis, PA 307 West Park Avenue Tallahassee, FL 32301 Mary Stewart, CPA Manager, Audit Services AHCA, Bldg. #3 2727 Mahan Drive Tallahassee, FL 32308 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 on this the Le day of R.S. Power, Agency Clerk State of Florida quire - » STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS MIAMI GARDENS CARE CENTRE, INC., d/b/a MIAMI GARDENS CARE CENTRE, Petitioner, vs. CASE NO: 99-5227 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. SETTLEMENT AGREEMENT | Petitioner, MIAMI GARDENS CARE CENTRE, INC., d/b/a MIAMI GARDENS CARE CENTRE, and Respondent, AGENCY FOR HEALTH CARE ADMINISTRATION, by and through the undersigned counsel and representatives hereby stipulate and agree as follows: 1, The Agency agrees to amend Petitioner’s Medicaid Audit Report for fiscal year ended July 31, 1995, as follows: A. Adjustment 8-$(64,276) A&G Admissions payroll. This adjustment shall be eliminated. The Agency will create a reclassification adjustment to reclassify $35,351 of these costs to the administrative . cost center. B. Adjustment 9-$(7,416) and $(9,843) Intergenerational Coordinator payroll. This adjustment shall be eliminated. C. Adjustment :23-$(14,733) Facility Square Footage. This adjustment shall be revised as follows: Physical therapy 105 Patient Care (223) L&L 60 B&B 25 Gift 33 . Upon execution and filing of this Settlement Agreement, and receipt of an order from an administrative law judge remanding the case, Respondent shall enter a Final Order incorporating this Agreement and revise the audit report accordingly. . Each party agrees to bear their own costs and fees associated with this matter. . Notwithstanding the provisions of paragraph 3, nothing contained herein shall affect the reporting or allowability of the aforementioned costs or fees for subsequent reporting years. . Upon execution of this Agreement and the entry of the final order as contemplated herein, the Petitioner agrees to dismiss this case with prejudice. . The parties stipulate and agree that this Settlement Agreement is a legal and “ binding document and is fully enforceable in any Court of competent jurisdiction. The signatories hereto represent and warrant that they are vested with the authority to execute this Settlement Agreement on behalf of their respective principals, and as duly désignated representatives, to fully bind such principals. + 7. This agreement is binding on the parties’ successors and assigns. 4 acd om Dated this the —) — day of a 2001. MIAMI GARDENS CARE CENTRE, INC. AGENCY FOR HEALTH CARE d/b/a MIAMI GARDENS CARE ADMINISTRATION CENTRE PETER A. L S VEN A. GRIG: GOLDSMITH, GROUT & LEWIS, P.A. Assistant General Counsel P.O. Box 1017 Agency for Health Care 307 West Park Avenue, Suite 200 Administration Tallahassee, Florida 32302 2727 Mahan Drive, Building 3 Tallahassee, Florida 32308 — me ASRS JULIE GALLAGHER General Counsel Agency for Health Care Administration 2727 Mahan Drive, Building 3 Tallahassee, Florida 32308 BOB SHARPE, Avsind=bs Bepaly Medicaid Program Seong wat 2727 Mahan Drive, Building 3 vee Tallahassee, Florida 32308

Docket for Case No: 99-005227