Tay a STATE OF FLORIDA ; : AGENCY FOR HEALTH CARE ADMINISTRATION J -2 Qt EARL J. CROSSWRIGHT, Petitioner, vs. - -- DOAH Case No. 00-4217 Audit C.1. No. 98-0772-000 . Rendition No. AHCA- 01-165 -S- MDO : AGENCY FOR HEALTH CARE ~ = ADMINISTRATION, 3 o “yi Respondent. > Bo ch reo Poo 232 . iT N. B29 = FINAL ORDER SA rut on _ THE PARTIES resolved all disputed i issues "8 and executed a Settlement Agreement which _ is attached and incorporated by reference ‘The partis a are directed to comply with the terms of the attached settlement agreement. Based 0! on n the foregoing, this file i is CLOSED. "DONE and ORDERED on this the se 2th “aye of —! Tne Tallahassee, Florida. er, 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: Wilson Jerry Foster, Esquire 1342 Timberland Road, Suite 102-A Tallahassee, Florida 32312 _.. Heidi Hughes, Esquire ~ Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 _ P. Michael Ruff - Administrative Law Judge Division of Administrative Hearings The DeSoto Building == —™S 1230 Apalachee Parkway ~ Tallahassee, Florida 32399-2060 ; John Owens, Chief °°" Medicaid Program Integrity .. Agency for Health Care Administration -: 2727 Mahan Drive, Mail Stop #6. . ~ Tallahass -aaI0R ee ~ Finance & Accountin; 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 the 3 fe day 9 2001. RS. Power, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 (850) 922-5865 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS EARL J. CROSSWRIGHT, Petitioner, vs. — ~~ Case No. 00-4217 Provider No. 371709700 C.I. No. 98-0772-000 AGENCY FOR HEALTH CARE > ADMINISTRATION, - Respondent. 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 J une 1 1996 through Ju une e 30, 1998. b) AHCA agrees not to ‘terminate the PROVIDER as a “Provider “for ie overpayments uncovered by the audit s so ‘ong ; as PROVIDER complies with this Agreement, and continues to comply with Florida Statutes, and all other rules, regulations and policies applicable to ‘the “Medicaid —— . program. . PROVIDER agrees 10 pay the A ency the total sum of ‘twenty thousand ; dollars (620, 000. 000 plus ten ‘percent ‘interest, in twenty-four monthly ' Medicaid Accounts Receivable ___* Post Office Box 13749 ve __ Tallahassee, Florida 313 17-3789 oe the Agency hereby agrees to release the Provider from any and all liability arising fro th findings in the audit of Medicaid billings for the period of June 1, 1996 through June 30, 1998 (C.L. No. 98-0772-000) as set forth in the Agency's preliminary audit letter dated June 27, 2000, incorporated herein by reference. 7. In the event that PROVIDER fails to make any payment due hereunder, the Agency may, at its option and upon fifteen days written notice to PROVIDER, deem PROVIDER in default. If PROVIDER fails to remit al ‘payments due within ten days after 7 receipt of the notice, PROVIDER shall bei in default and the full outstanding balance specified it paragraph 4 (c) shall be due and payable. "PROVIDER’S participation i in the Medicaid Program . shall be suspended until such time as the Agency 1 receives Payment of the balance in full. ~ Nothing i in this Agreement sl shall be construed to limit i in any way the ability of the AGENCY to terminate PROVIDER Pursuant to Section 409. 907(2), F.S (1999). Notwithstanding the : ‘foregoing, the AGENCY agrees not to terminate PROVIDER based on finding in in the instant audit so long a as s PROVIDER compli __ eure its default hereunder within ten (10) day of written notice, PROVIDER understands and — the Medicaid ng under the terms . Prva are through z an. attomey at law, al costs of collection I 11. The signatories to this agreement acknowledge that they are duly authorized to enter into this Agreement on behalf of the respective parties. 12. This Agreement shall be construed i in accordance with the provisions of the laws of Florida. Venue for any action arising from this Agreement shall be in Leon County, Florida. 13. In the event that a party breaches this Agreement, and enforcement of this Agreement or recovery of damages for breach hereof i is s obtained od by law or r by legal proceedings 1 enfor ement, inc ing reasonable attorney's fees shall be paid byt the breaching party to the Se nobreching party. 14, Medicaid billing for the period of June 1, 1996 through June 30, 1998 (C.L No. 98-0772-000). 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 r any appeal, “except to enforce the obligations of the : AGENCY under this s Agreement, 17. This Agreement i is and shall be ‘deemed jointly drafted and written nby all Parties to _ itand shall not be construed 0 or * interpreted against the party originating c or preparing it 18. ; To the extent that any Provision of this Agreement i is prohibited by law for any . Teason, sch Provision shall be effective to the extent not so > prohibited, and such prohibition shall not affect: any other provision of this Agreement. bees ‘19, ; ‘This ‘Agreement shall i inure ‘to ‘the benefit of a and be : binding on “each party's successors, assigns, heirs, administrators, representatives and trustees Dated: of /X, ‘200 } 2001 FLORIDA AGENCY FOR HEALTH CARE : : ADMINISTRATION ee 2728 Mahan Drive, Ft. Knox Bldg. #3 - Tallahassee, FL 32308-5403 ie Gallagher ~ General Counsel is Heidi Hughes

Docket for Case No: 00-004217