Petitioner: PALM BEACH COUNTY HOME
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: JOHN G. VAN LANINGHAM
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jan. 23, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 19, 2001.
Latest Update: Dec. 22, 2024
* .. . STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATIO
PALM BEACH COUNTY HOME,
Petitioner,
vs.
: ‘Audit No. NH99-060M
STATE OF FLORIDA, AGENCY RENDITION NO.: ‘AHCA-01-118-S-MDA
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
1. On Opn. M A7 200! a Settlement Agreement between the parties was
executed which dismissed the Petitioners case against the Agency. On March 19, 2001,
an Order Closing File was entered by the Division of Administrative Hearings, returning
jurisdiction to the Agency for final disposition.
no remaining disputed issues of fact or law.
CONCLUSIONS OF LAW ; ‘
~-. 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 .
Settlement. The petition is dismissed and the file is closed this a7 day of
a
= oo 2 Jr.
Secretary
_ Agency for Health Care Administration
2001.
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.
f
Copies Furnished to:
~ John Van Laningham — 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
Ted Crowell, Esquire 3
Health Care District of Palm ‘
Beach County.
324 Datura Street, #401
- West Palm Beach, FL 33401
So Nr egg ons
~ . CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
ee
furnished to the above named addressees by U.S. Mail on this the / TH say of aay
2001.
a gl ee
R.S. Power, Esquire
Agency Clerk:
State of Florida
OPER rrteriere 2
wer
~ STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
PALM BEACH COUNTY HOME,
Petitioner,
vs. DOAH CASE NO. 01-0313
STATE OF FLORIDA,
- AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
SETTLEMENT AGREEMENT
The Parties, by and through the undersigned, hereby stipulate in full and complete
settlement of the above styled case, as follows:
1. The Respondent, STATE OF FLORIDA, AGENCY FOR HEALTH CARE
ADMINISTRATION (“AHCA”) shall revise its audit (NH-99-060M) of Petitioner, PALM
BEACH COUNTY HOME (“Palm Beach”), Medicaid Cost Report for the period ending
September 30, 1997 in accordance with the attached letter adopted and incorporated herein by
reference, dated March 20, 2001, from Steven Diaczyk to Ted Crowell, Esquire.
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4
2. Based upon this Settlement, the Petitioner agrees to dismiss its Petition in this
case with Prejudice. ;
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3. “Upon formal execution, “AHCA will adopt and i incorporate this Settlement into its
Final Order closing the Agency's s casefile i in this matter.
4. Each Party agrees to bear its own costs and fees associated with this action.
SR te crm
5. The signatories represent and warfant that they are vested with the authority to
execute this settlement agreement on behalf of their respective principles and to fully bind such
principals, their successors and assigns to its terms.
AGREED to on this &7_ day of Crk , 2001.
FOR THE RESPONDENT _ FOR THE PETITIONER
Steven Grigas
Senior Attomey
AHCA
2727 Mahan Drive, MLC #3 324 Datura Street, Suite 401
Tallahassee, FL 32308 West Palm Beach, FL 33701
MEL e.etisnis a
Yor Julie Gallagher
General Counsel, AHCA
2727 Mahan Drive, MLC #3
Tallahassee, FL 32308 .
Bob Sharpe
Director of Medicaid, AHCA
2727 Mahan Drive, MLC #3 x
Tallahassee, FL 32308 —
a
Sse pees eget meee er
oor eld
Nukem oette pe ; o #O92 Pa2/a2_
STATE OF FLORIDA |
FICA
pee AGENCY FOR HEALTH CARE ADMINISTRATION
JEB BLUSH, GOVERNOR . . RUBEN J. KING-SHAW, JR., SECRETARY.
“March 20, 2001
Meet Covl - RECEIVED |
Health Care District of Palm Beach County
- 324 Datura Street, Suite 401. ob eee KEGAL
"West Palm Beach, FL 33701 : M AR 21 ‘001
Re: Appeal of the audit of Palm Beach County Home .... _ — “heen oY tse Hea eT ane _-
Dear Mr. Crowell: Care Annan
Based on our conversation this afternoon, we agree to make the following changes to the audit
report of Palm Beach County Home for YE 9/30/97.
We will remove adjustments 9 and 23.
We will change the adjustment to physical therapy square footage from 452 to (890).
We will change the adjustment to occupational therapy square footage from 0 to 910.
We will change the adjustment to medical supplies square footage from 0 to 4,197.
We will change the adjustment to patient care square footage from (49,459) to (17,053).
We will change the adjustment to laundry square footage from 4,106 to 2,636. .
We will change the adjustment to radiology square footage from (363) to (313).
~ If this is satisfactory, ‘we'll draw up a settlement stipulation to incorporate these changes and
close out the appeal. Ifyou have any questions, feel freé to call me at (727) 52-1 185, '
Sincerely,
: Steven Diaczyk
-’ Audit Evaluation and Review Analyst
Visit AHCA Online at
2727 Mehan Drive « Mail Stop 21
308 wwy.fdhe.state flus
Taltahasseo, FL 32
1
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Docket for Case No: 01-000313
Issue Date |
Proceedings |
May 02, 2001 |
Final Order filed.
|
Mar. 19, 2001 |
Order Closing File issued. CASE CLOSED.
|
Mar. 19, 2001 |
Joint Motion for Remand (filed via facsimile).
|
Mar. 15, 2001 |
Order Denying Joint Motion for Continuance issued.
|
Mar. 12, 2001 |
Joint Motion for Continuance (filed via facsimile).
|
Feb. 06, 2001 |
Order of Pre-hearing Instructions issued.
|
Feb. 06, 2001 |
Notice of Hearing issued (hearing set for April 2, 2001; 9:00 a.m.; Tallahassee, FL).
|
Feb. 01, 2001 |
Joint Response to Initial Order (filed via facsimile).
|
Jan. 24, 2001 |
Initial Order issued.
|
Jan. 23, 2001 |
Request for Hearing filed.
|
Jan. 23, 2001 |
Notice of Final Medicaid Audit Report Results filed.
|
Jan. 23, 2001 |
Notice (of Agency referral) filed.
|