Pree ry ere STATE OF FLORIDA JUL =? gy DIVISION OF ADMINISTRATIVE HEARINGS ors VEE DESOTO DRUG STORE, Petitioner, vs. CASE NO. 00-4201 ©. PROVIDER NO. 100702500 STATE OF FLORIDA, AUDIT NO. 00-0498-000-3 ~ AGENCY FOR HEALTH CARE RENDITION NO.: AHCA-O1 tu4- s- MDO ADMINISTRATION, Respondent. / " PINAL ORDER THE PARTIES resolved all dis ited issues and Settlement “Agreement _ 2001 , . ‘which’ Laufa Branker, Acting 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: L. William Porter II, Esquire Agency for Health Care Administration " (Interoffice Mail) - William M. Furlow, Esquire Katz, Kutter, Haigler, Alderman, ' Bryant & Yon © .-Tallahassee, Florida 32302- 1877. ~ Barbara. Staros . Administrative Law Judge "Charlie Ginn,’ . The DeSoto Building “1230 Apalachee Parkway - ° Kathryn Hol! Post Office Box 1877 Division of Administrative Hearings Tallahassee, Florida. 32399- 3960 chief, Medicaid ‘Program Integrity CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnishéd to the above named addressees by U.S. Mail on this the day of Powér, Esquire Agency Clerk State of Florida Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5865 4 4 avoiding the ‘costs. and burdens of litigation, ‘and neither party concedes the other's — “DESOTO DRUG STORE > ~~ DOAH No. 00-4204 Provider No. 100702500 © C.1. No. 00-0498-000-3 SETTLEMENT AGREEMENT STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION - (‘AHCA” or “the Agency”), and Desoto Drug Store (‘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 7 - position. 2. PROVI DER i isa Medicaid provider i in the State of Florida. ge : In its final agency aut feport dated ly 28, 2000, AHCA notified : PROVIDER. t at ri (MPI) indicated that, in its opinion, “some claims i in whole 0 or in n part w were not covered by Medicaid. The Agency sought overpayment in the amount of $29 685. 43. In respo e to the audit etter dated daly 28, 2000, “PROVIDER fi led petition for a “form: administrative hearing which was 1s assigned DOAH Case No. “00-4201 4. In order to resolve this matter without further adr ni istrative proceedings, , PROVIDER and the AHCA expressly agree as follows: settlement f the overpayment issues arising from the MPI review. (2) Within thirty days of receipt of the final order, PROVIDER agrees to make the first installment to repay eight thousand dollars ($8,000) in recoupment and two thousand five hundred dollars ($2,500) in penalties for a total payment of ten thousand five hundred dollars ($10,500.00) to be made in twelve (12) equal monthly payments in . full and complete settlement of all claims i in the proceedings betore : - the Division of Administrative Hearings (DOAH Case No. 00-4201). eae (3) . PROVIDER and AHCA agree that full payment as set forth above Z will resolve and settle this case ‘completely ‘and release both parties from all liabilities arising from the findings in the audit referenced as C.1. 00-0498-000-3. . 7 (4) PROVIDER ‘agrees that it will not rebill the Medicaid Program in_ any manner for claims that were not covered by Medicaid, wi aret the subject of the aucitit in this iscase, ; Payments shall be made to: AGENCY FOR HEALTHCARE ADMINISTRATION : Medicaid Accounts Receivable Post Office Box 13749) Tallahassee, Florida 3234 7-3749 6. PROVIDER agréés 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 reirialhing amouti ¢ due under the terms of this _ agreement from any monies due and owing to PROVIDER for any Medicaid claims. 7. 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 reguations. weg weseee nein con dbase at Othe ge Te ele 8. This settlement does not constitute an admission of wrongdoing or error by either party with respect to this case or any other matter. However, the parties believe that this matter should be settled because the parties have agreed to the terms contained within this agreement. 9. Each Party shall bear its own attorneys fees and costs, i any. -10. The signatories to this ‘Agreement “acting in in a representative capacity represent that they are > duly authorized to enter into this A Agreement on ‘behalf of the respective parties. 11. This ae shall be be construed i in accordance with the provisions of ‘the laws of Floride Ve County, Florida. coe 42. In the event that a party t breaches this Agreement, and enforcement of this Agreement or recovery of damages for breach hereof i is obtained by law or by legal _ proceedings through @ an ‘attomey at law, all costs of collection or enforcement, including reasonable attorneys! fees, ‘sh r F ai br ig party to the non-breaching th lb i ie ik mn pursuant tos sections 120. 569 or 120, 57, Florida Statutes, the making of fi indings of fa ~~ and conc lusions of aw ry the Agency, and al further and other proceedings to which it 13. This Agreement constitutes the entire agreement between PROVIDER and the 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 modifi cation or waiver of any provision shall be valid unless a written amendment to the Agreement i is completed and properly executed by the parties. : | 14, This i is an Agreement of settlement and compromise, made j in recognition that the parties may have ‘different or incorrect understandings, information and eo contentions, as to facts and Taw, and with each Party compromising and setting any ona potential correctness or incorrectness of its understandings, information and contentions ee as to facts and law, so 6 that no misunderstanding or ¢ misinformation shall be: a 2 ground Hor - rescission 1 hereof. 15. PROVIDER, expressly v waives ‘in ‘this matter its right to any hearing may be entitled by law or rules of the Agency regarding this deh de and any and all 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. “es : 18. This = Agreement shall i inure to the benefi t of and be binding on each partys s — successors, assigns, heirs, administrators, representatives and trustees. 19. ~All times stated herein are of the essence of this Agreement, 20. This Agreement shall be in v full force and effect upon execution by the respective parties in counterpart. 0 DESOTO DRUG _» BY: Dom Lousde nl a (Print name) .. ADMINISTRATION ce .. 2727 Mahan Drive, Mail Stop #3 — ; Tallahassee, FL 32308-5403 © ~ Inspector General j ____ Dated: ZG , 2001 \ Julie Gallagher | -» General Counsel Dated: Y 24-0 , 2001 4 [SS cS > rrrcetrsy SR: ce: ENC AGN SS kgs RS DOR ICY ERR FE See Bs ‘i $4 x4 Si ‘ oN e: ee ey ron 1 sa Raliea aq es a ye5 ian sf ey =) rs PAE HG OK SARS el PEIN Les ERI ARGO

Docket for Case No: 00-004201