STATE OF FLORIDA a AGENCY FOR HEALTH CARE ADMINISTRATION ia ety oo CONSULT CARE, INC., Petitioner, DOAH CASE NO.: 00-3528F LF ; DOAH CASE NO.: 99-2467RX v. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. FINAL ORDER THE PARTIES resolved all disputed issues regarding the Petitioner’s Motion for Attorney’s Fees and Costs and executed a Settlement Agreement, which is attached hereto and incorporated herein by reference. 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 lé qn day of Putys$io02, in Tallahassee, Florida. Rhonda M. Medows, MD. 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 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: SUSAN C. FELKER-LITTLE, Esquire Assistant General Counsel Agency for Health Care Administration (“AHCA”) (Interoffice Mail Stop #3) JAMES BRUCE CULPEPPER, Esquire Akerman, Senterfitt & Eidson, P.A. 301 South Bronough Street, Suite 200 Tallahassee, Florida 32301 LAWRENCE P. STEVENSON, Administrative Law Judge The Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-30060 Bob Sharpe, Deputy Secretary, Medicaid Michelle Brantley, Bureau Chief Health Systems Development I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to yu the above named addressees by U.S. Mail on this ne" hay of Prey st , 2002. ob ! Lealand McCharen, Esquire Agency Clerk State of Florida Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5873 4 #, *a ° CoN CONSULT CARE, INC. DOAH No. 00-3528F Y Sy Provider No. 3706184 00 DOAH No. 99-% AI RX o “A ye cn SETTLEMENT AGREEMENT Ve 4 7 2 piogin Eo STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINS RATION (AHCA” or “the Agency”), and Consult Care, Inc. (“PROVIDER”), by and through the undersigned, hereby stipulate and agree as follows: 1. This Agreement is entered into between the parties for the purpose of avoiding the costs and burdens of litigation, and neither party concedes the other’s position. 2. PROVIDER is a Medicaid provider in the State of Florida. 3. In the case of Consult Care, Inc. v. Agency for Health Care Administration, Division of Administrative Hearings (DOAH) Case No. 99-2497RX, the Administrative Law Judge entered a Final Order dated June 27, 2000, declaring Rule 59G-4.010, Florida Administrative Code, an invalid exercise of delegated legislative authority. AHCA appealed the Final Order to the First District Court of Appeal. PROVIDER filed a Petition for Costs and Attorneys’ Fees on August 25, 2000, in DOAH Case No. 99-2497RX, which was reassigned as DOAH Case No. 00-3528F and held in abeyance pending the conclusion of AHCA’s appeal. On August 9, 2001, in the case of State of Florida, Agency for Health Care Administration v. Consult Care, Inc., Fla. 1" DCA Case No. 1D00-2922, the First District Court of Appeal issued a per curiam affirmance of the Final Order, and on August 27, 2001, issued its Mandate. On August 29, 2001, an order was entered in DOAH Case No. 00-3528F that vacated the previous order placing the case in abeyance and reinstated for hearing the petition for costs and attorney’s 4. In order to resolve this matter without further administrative proceedings, PROVIDER and AHCA expressly agree as follows: (a) AHCA agrees to remit the sum of twelve thousand dollars ($12,000.00) as a lump sum payment on or before November 10, 2001, to Akerman, Senterfitt & Eidson, P.A. in full and complete settlement of all claims in the proceedings before DOAH regarding PROVIDER’s costs and attorney’s fees associated with its rule challenge (DOAH Case Nos. 00- 3528F and 99-2497RX). (b) PROVIDER agrees to dismiss its petition for costs and attorney’s fees previously filed in DOAH Case Nos. 00-3528F and 99-2497RX or concur in the filing of a motion to relinquish jurisdiction to AHCA in DOAH Case Nos. 00-3528F and 99-2497RX due to settlement of all issues related to PROVIDER’s petition for costs and attorney’s fees. (c) PROVIDER and AHCA agree that full payment as set forth above will resolve and settle this case completely and release both parties from all liabilities arising from the rule challenge and subsequent costs and attorney’s fees action filed by PROVIDER. 5. Payment shall be made to: Akerman, Senterfitt & Eidson, P.A.. 301 S. Bronough Street, Suite 200 Tallahassee, Florida 32301 6. PROVIDER reserves the right to enforce this Agreement under the laws the State of Florida and all other applicable rules and regulations. : 7. This settlement does not constitute an admission of wrongdoing or error by either party with respect to these proceedings or any other matter. 8. ~ The signatories to this Agreement, acting in a representative capacity, represent that they are duly authorized to enter into this Agreement on behalf of the respective parties. 9. 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. ae as 10. This Agreement constitutes the entire agreement between PROVIDER and the AHCA, including anyone acting for, associated with or employed by them, concerning alli 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 any provision shall be valid unless a written amendment to the Agreement is completed and properly executed by the parties. 11. 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. 12. PROVIDER expressly waives in this matter its 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 proceeding and any and all issues raised herein. PROVIDER further agrees that it shall not challenge or contest any Final Order entered in this matter which is consistent with the terms of this settlement agreement 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. 13. ~ 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 ori ginating or preparing it. 14. 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. 15. This Agreement shall inure to the benefit of and be binding on each party’s successors, assigns, heirs, administrators, representatives and trustees. 16. All times stated herein are of the essence of this Agreement. 17. This Agreement shall be in full force and effect upon execution by the respective parties in counterpart nunc pro tunc November 7, 2001. [oe) LT CARE, INC. wor TY) Laos Dated: ce] i , 2002 TOE OoOS MuUcDEe- nunc pro tunc November 7, 2001. FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 323055405 Z Gb [oh 0. Wdpe Dated: , 2002 - Bob Sharpe nunc pro tunc November 7, 2001. Deputy Secretary, Medicaid Dated: 7/2 , 2002 William H. Roberts nunc pro tunc November 7, 2001. Acting General Counsel , F?. LIP Dated: JUNE 2 4 n00 Wan C. Felker-Little nunc pro tunc November 7, 2001. Assistant General Counsel

Docket for Case No: 00-003528F