. STATE OF FLORIDA ‘ AGENCY FOR HEALTH-CARE ADMINISTRATIQRy .” SQUTHERN OAKS HEALTHCARE, BER INC., ADI H Petitioner, Va vs. CASE NO.: 00-3495 hia AUDIT NO.: NH96-136M STATE OF FLORIDA, AGENCY RENDITION NO.: AHCA-O1- 1(Q-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. . FINDINGS OF FACT ‘i : i} i 1. On 27, 2" Settlement Agreement between the parties was executed which dismissed the Petitioners case against the Agency. On January 5, 2001, an re Order Closing F 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. CONCLUSIONS OFLAW * __. 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 Stipulation, Settlement and Dismissal. The petition is dismissed and the file is closed this 2 tay row 2001. boo Ruben J. King-Shaw, Jr. Secretary Agency for Health Care Administration 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, 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: Daniel M. Kilbride Mary Stewart, CPA Administrative Law Judge Manager, Audit Services DOAH AHCA, Bldg. #3 1230 Apalachee Parkway - 2727 Mahan Drive Tallahassee, FL 32399-3060 Tallahassee, FL 32308 ~ Steven Grigas, Esquire AHCA, Bldg. #3 2727 Mahan Drive Tallahassee, FL 32308 o Martin A. Fitzpatrick, Esquire Sternstein, Rainer, Clark, P.A. 314 North Calhoun Street Tallahassee, FL 32301 pate ‘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 day of Eebrtiary, “" 2001. ‘Agency Clerk State of Florida ee Terenas STIPULATION AND SETTLEMENT AGREEMENT This Stipulation and Settlement Agreement ("Agreement") is entered into by and between the AGENCY FOR HEALTH CARE ADMINISTRATION (hereinafter referred to as "AHCA" or “Agency”), and SOUTHERN OAKS HEALTHCARE, INC. (hereinafter referred to as the "Southern Oaks"), on the date indicated by the parties signatures. RECITALS: A. On August 13, 1996, AHCA issued its notice of agency decision making audit adjustments to disallow costs included in Southern Oaks’ Medicaid Cost Report for the period ending August 31, 1994. Southern Oaks contested such Agency Action in the case styled Southern Qaks Healthcare, Inc. v. Agency for Health Care Administration, Case No. 00-3495 before the Division of Administrative Hearings. B. The parties are desirous of reaching an amicable resolution to avoid continuing costs of litigation between them and because of the disputed issues of fact and law. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other valuable consideration, the sufficiency of which is acknowledged by all parties, it is hereby stipulated and agreed by and between the parties as follows: 1. AHCA is the State Agency for the State of Florida which is solely responsible for the administration of Florida's Medicaid Program. Southern Oaks is a duly licensed skilled nursing facility in the State of Florida and is a participant in the Medicaid Program. 2. The parties to the above-styled proceedings waive any hearing in connection with this case, subject to approval of this Agreement by the Agency. ‘ . 3. The parties will take no appeal from this Agreement, and any subsequent Final Order issued by the Agency for Health Care Administration, which approves and incorporates this Agreement. Page 1 of 3 | 4, Southern Oaks agrees to: (a) Filea request to relinquish jurisdiction of the above-styled case (cases) upon the approval of this Agreement by the Agency for Health Care Administration. 5. Agency for Health Care Administration agrees to: (a) Withdraw its previous audit adjustments 4, 5, 9, 19, 20 and 21 to disallow costs included in Southern Oaks’ Medicaid Cost Report for the period ending August 31, 1994; and (b) The rates for Southern Oaks shall be based upon the Medicaid Audit Report as revised above. 6. It is understood and agreed that this Agreement is a compromise of settled and disputed claims. Neither party’s actions are to be construed as an admission of liability and liability is expressly denied. 7. Each party to this proceeding shall bear its own attorney fees and costs. 8, This Agreement becomes effective as of the date it is approved by the Agency for Health Care Administration. Such approval is a condition precedent to the effective date of this Agreement and the issuance of a Final Order. 9. Southern Oaks stipulates and agrees that this Stipulation and Settlement Agreement is'a legal and binding document and is fully enforceable against all parties in any court of competent jurisdiction. The signatories hereto represent and warrant they are vested with the authority to execute this Stipulation and Settlement Agreement on behalf of their respective principals, and as duly designated representatives, to fully bind such principals. , 10. “Notwithstanding any prior written or oral agreements or oral contemporaneous ~ agreements, this Agreement reflects the entire Agreement between Southern Oaks and Agenty. ~“. Page 2 of 3 SOUTHERN OAKS HEALTHCARE, INC. - By: Medicaid Program f Agency for Health Care Administration : Fort Know Building #3 Dated this 27 Yay of Mol. 2001. --2727 Mahan Drive Tallahassee, FL 32308 Dated this 27 ay of Opie 2001. os CpyskIS fei Gallagher, Esquire, Fla. Bar #333298 General Counsel Agency for Health Care Administration Fort Knox Executive Center, Building #3 2727 Mahan Drive, Suite 3415-A Tallahassee, FL 32308 Counsel for Agency for Health Care Administration Dated this [aPhay of April , 2001. Page 3 of 3

Docket for Case No: 00-003495