xem haw STATE OF FLORIDA — =p FILE AGENCY FOR HEALTH CARE)ADNUINISTRA TION NOV -3. gp i Bist : AOMEARI RATT ROBERT S. ARON, D.D.S., NGS Petitioner, vs. DOAH CASE NO. 00-1503 CA PROVIDER 072561700 CLoard AUDIT NO. 00-0090-000 RENDITION NO.: AHCA-00- 240 -S-MDO AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / FINAL ORDER THE PARTIES resolved all disputed issues and executed a settlement agreement on September 27, 2000, which is incorporated by reference. The parties are directed to comply with the terms of the settlement. Based on the foregoing, this file is CLOSED. DONE AND ORDERED on this the Poa day of pve ev ,2000, in Tallahassee, Florida. Wm , King-Shaw, Jr., Secretary Agenty for Health Care Administration i, Ci . ‘ye DEPARTMENT ov een 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: James M. Barclay, Esquire Ruden, McClosky, Smith, Schuster & Russell, P.A. 215 South Monroe Street, Suite 815 Tallahassee, Florida 32301 Heidi Hughes, Esquire Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 Claude B. Arrington Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway ‘Tallahassee, Florida 32399-3060 John Owens, Chief Medicaid Program Integrity Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #6 Tallahassee, Florida 32308 Finance & Accounting CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the above named addresses by U.S. Mail on this theo tH. day of , 2000. R.S. Power, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 (850) 922-5865 riheb STATE OF FLORIDA 3 DIVISION OF ADMINSTRATIVE #2 ARINGSH 3 3 mis ut DIVISis OF ADMINISTRALIVE ROBERT S. ARON, D.D.S., HEARINGS PETITIONER, DOAH CASE No.: 00-1503 PROVIDER No. 072561700 C.I. No. 00-0090-000 vs. AGENCY FOR HEALTH CARE ADMINSTRATION, RESPONDENT. SETTLEMENT AGREEMENT STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION ("AHCA" or "the Agency"), and Robert S. Aron, D.D.S. ("PROVIDER"), by and through the undersigned, hereby stipulate and agree as follows: 1. This Agreement is entered into between the parties to resolve issues of Petitioner's compliance with Chapter 409, Florida Statutes, and the Medicaid Provider Handbook. 2. PROVIDER is a Medicaid provider in the State of Florida. 3. By letter dated February 23, 2000, AHCA notified the PROVIDER that a Final Agency Audit of Medicaid billings indicated an overpayment from the Medicaid Program in the amount of $72, 959.00 for the period January 1, 1997 through December 31, 1999 (CI. No. 00-0090- 000). In response, the PROVIDER requested a formal administrative hearing. Page 1 of 5 4. In order to resolve this matter without further administrative proceedings, the PROVIDER and AHCA expressly agree as follows: a.) AHCA agrees to accept the payment set forth herein in full and complete settlement of the overpayment issues uncovered by the above-referenced audit and agrees not to impose any fines or penalties arising from Medicaid billings for the period of January 1, 1997 through December 31, 1999 (C.L No. 00-0090-000). b.) AHCA agrees not to terminate the PROVIDER as a Medicaid provider for the overpayments uncovered by this audit so long as PROVIDER complies with this Agreement, and continues to comply with all Florida Statutes, Medicaid Rules and all other applicable rules, regulations and policies. c.) Within thirty days of receipt of a fully executed copy of this Agreement, PROVIDER agrees to make one payment of sixty-five thousand dollars ($65,000.00) in full and complete settlement of all claims in the proceedings before the Division of Administrative Hearings (DOAH Case No. 00-1503). 5. Payment shall be made to: AGENCY FOR HEALTH CARE ADMINISTRATION . Medicaid Accounts Receivable Post Office Box 13749 Tallahassee, Florida 31317-3749 6. Upon full payment to the Agency of the amount provided in paragraph four (4), the Agency hereby agrees to release the PROVIDER from any and all liability arising from the findings in the audit of Medicaid billings for the period of January 1, 1997 through December 31, 1999 Page 2 of 5 (C.I. No. 00-0090-000) as set forth in the Final Agency Audit Report dated February 23, 2000, incorporated herein by reference. 7. 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 PROVIDER for any Medicaid claims. 8. 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. 9. Each party to the Agreement shall bear its own attorneys fees and costs, if any. 10. The signatories to this agreement represent and warrant that they are duly authorized to enter into this Agreement on behalf of and to bind the respective parties. 11. 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. 12. In the event that a party breaches this Agreement, and enforcement of this Agreement or recovery of damages for breach hereof is obtained by law or by legal proceedings through an attorney at law, all costs of collection or enforcement, including reasonable attorney's fees shall be paid by the breaching party to the nonbreaching party. | 13. 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 the AHCA other than as set forth herein. No modification or waiver of my provision shall be valid unless a written amendment to the Page 3 of 5 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. 15. | PROVIDER expressly waives in this matter its right to any hearing pursuant to Sections 120.569 or 120.57, Florida Statutes, the making or 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 by the audit of Medicaid billing for the period of January 1, 1997 through December 31, 1999 (C.I. No. 00-0090-000). PROVIDER further agrees that it shall not challenge or contest any Final Order entered in this matter 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 the essence of this Agreement. Page 4 of 5 JUN-2'f-2000 = 1Widb . HUERNLY FUR Ack In eminc mw we 20. This Agreement shall be in full force and effect upon execution by the respective parties in counterpart. (oot ££ cw a Robert S. Aron, D.D.S. 1601 West 49% Street Hialeah, Florida 33012 FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION 2728 Mahan Drive, Ft. Knox Bldg. #3 Tallahassee, FL 32308-5403 ML Rufus Noble Inspector General n lulie General Co Heidi Hughes Assistant General Counsel Dated: 7/20 2000 Dated: 9/z 2000 Dated: Page 5 of 5 2000 2000 TOTAL P.@?

Docket for Case No: 00-001503