: FILED STATE OF FLORIDA : FEB 12 02 AGENCY FOR HEALTH CARE ADMINISTRATION SHCA LIFESTYLES AND HEALTHCARE, LTD., d/b/a OKEECHOBEE HEALTH CARE FACILITY, Petitioner, eS 2 C g C / vs. DOAH CASE NO. 01-3607 Audit No. NH 00-56R & NH 00-057R Rendition No. AHCA-02- 0031 -S-MDR AGENCY FOR HEALTH CARE ADMINISTRATION, ~~ Respondent. . / FINAL ORDER THE PARTIES resolved all disputed issues and executed a settlement agréément which is attached and incorporated 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__7 _ day of Atuca re”, 2001, in Tallahassee, Florida. Rhonda M. Medows, MD, Secfetary Agency for Health Care Administration TT TT a PRR FRET ee erm wee meee Sore eRe eee meee Dik i ao 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. soem ees Copies Furnished to: Michael J. Bittman Gray, Harris & Robinson, PA 301 E. Pine Street, Suite 1400 Post Office Box 3068 Orlando, FL 32802-3068 SPR tne cman oe Bere Kelly A. Bennett Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 mor Florence Snyder Rivas . Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Charlie Ginn, Chief Medicaid Program Integrity Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #6 Tallahassee, Florida 32308 Finance & Accounting A ON Rk SSE EECTEESEE! AERA i as ills Sls i i ih 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 72 day of Foetus). 2001. tt Agency€lerk 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 | LIFESTYLES AND HEALTHCARE, LTD., d/b/a OKEECHOBEE HEALTH CARE FACILITY, Petitioner, Vv. DOAH Case No. 01-3607 Judge Florence Snyder Rivas Audit nos. NH 00-056R and NH 00-057R Provider no. 202541 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. a SETTLEMENT AGREEMENT STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA” or “the Agency”), and OKEECHOBEE HEALTH CARE FACILITY (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. 2. PROVIDER is a Medicaid provider in n the State of Florida, operating a a nursi ing home that was audited by the Agency. 3. The Agency conducted audits of the PROVIDER’s cost reports for the pie ending January 31, 1997, and January 31, 1998. _ 4. In its Audit Reports issued on July 16, 2001, AHCA notified PROVIDER that a review of the cost reports revealed that, in its opinion, some claims in whole or in A a ee TE EIS ISISIPASRS NBS an its ih ii a a ii i i ici part were not reimbursable by Medicaid. The Agency further notified PROVIDER of the adjustments which AHCA was making to the cost reports. In _ response to the Audit Reports, PROVIDER filed a timely petition for an evidentiary hearing that was assigned DOAH Case No. 01-3607. In its petition for evidentiary hearing, PROVIDER identified specific adjustments that it appealed. Subsequent to issuance of the Audit Reports, AHCA and PROVIDER exchanged documents and discussed adjustments that were at issue. As a result of the aforementioned exchanges, the parties agree that the Agency’s adjustments which were the subject of these proceedings, as they relate to the cost reports for the periods ending January 31, 1997 (audit NH 00-057R), and January 31, 1998 (audit NH 00-056R), from the Okeechobee Health Care Facility shall be resolved as follows: YEAR ENDED 1/31/97 Administration: a. Adjustment #2 to G/P fee, SRA, Inc. This adjustment has been reduced from ($29,378) to ($2,163). b. Adjustment #3 to GIP fee, SRA, Inc.. This adjustment has been reduced from ($8,547) to ($3,419). c. Adjustment #4 to Interest expense — WCR loan. This adjustment has been reduced from ($22,606) to $0. Medicaid bad debts: d. Adjustment #7 to Medicaid bad debts. This adjustment has been reduced from ($13,947) to ($10,035). CR Tr Ee EE Acme Re tar ee EYES EAR AE’ AA. SEE NN i i i Ai hi Mal ki, Home office costs: e. Adjustment #1 to Travel and recruitment. This adjustment has been reduced from ($12,207) to ($2,207). f Adjustment #2 to Administrative salaries. This adjustment has been reduced from ($18,717) to 0. g. The typographical error on page 10 of the Audit Report to eliminate brackets on allowable addition of $501,831 will be corrected. YEAR ENDED 1/31/98 Administration: h. Adjustment #1 to G/P fee SRA, Inc.. This adjustment has been reduced from ($116,612) to ($31,102). i. Adjustment #2 to G/P fee SRA, Inc. This adjustment has been reduced from ($2,953) to ($1,181). j. Adjustment #5 to Legal fees. This adjustment has been reduced from ($5,883) to ($4,986). Home Office Costs: k. Adjustment #2 to Salaries and wages admin. This adjustment has been reduced from ($87,380) to 0. 1 Adjustment #4 to Recruit travel. This adjustment has been reduced from ($3,633) to 0. 8. In order to resolve this matter without further administrative proceedings, PROVIDER and AHCA expressly agree that the resolution of adjustments, as set forth above, will resolve and settle this case completely. 9. PROVIDER and AHCA further agree that the Agency shall recalculate the per diem rate for these time periods, and issue notices of the recalculations. Where PROVIDER was overpaid, PROVIDER will remit payment to the Agency in the full amount of the overpayment within forty-five (45) days of such notice. Where — eee ii Ai MAO aM de eee Se 10. 11. 13. 14. PROVIDER was underpaid, AHCA will remit payment to the PROVIDER i in the full amount of the underpayment within forty-five (45) days of such notice. Payment shall be made to: AGENCY FOR HEALTHCARE ADMINISTRATION Medicaid Accounts Receivable Post Office Box 13749 Tallahassee, FL 32317-3749 PROVIDER Okeechobee Health Care Facility 1646 Hwy. 441 North Okeechobee, FL 34972 And payment shall clearly indicate that it is per a settlement agreement, shall reference the DOAH Case Number, and shall reference the audit numbers. _ PROVIDER agrees 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 remaining amount due under the terms _ of this agreement from any monies due and owing to PROVIDER for any Medicaid claims. PROVIDER and AHCA reserve the 1 ight to enforce this Agreement w1 under the laws of the State of Florida, the Rules of the Medicaid Program, and all other bbs et applicable rules. This settlement does not constitute a an 1 admission of wron, redoing or error Qo by eithe 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. Each party shall bear its own attorneys’ fees and costs, if any. ME eee ees omer eerie Mcdinn Ak eee RR RS A nae AR a ii a lh 15. 16. 17. 18. 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. The parties further agree that a facsimile or photocopy reproduction of this agreement shall be sufficient for the parties to enforce the agreement and to cancel the hearing in this matter. PROVIDER agrees, however, to forward a copy of this agreement to AHCA with original signatures, and understands that a Final Order may not be issued until said agreement is received by AHCA. This Agreement shall be construed in accordance with the provisions of the laws of Florida. 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 modification or waiver of any provision shall be valid unless a written amendment to the Agreement is completed and properly executed by the parties This is an Agreement of settlement and compromise, made in recognition ‘that the parties may have different or incorrect t understandings, information and contentions, as to facts and dla, and with each party compromising and settling any potential correctness or incomrectness sof its understandings, information and contentions as to facts and law, so that no misunderstanding or misinformation shall be a ground for rescission hereof. i ome Sto cae TORRE Pr Rene =r RATE ra ILS.’ RA. NE BS ei A th ain i i Mi i a. ve ” 19. 20. 21. 22. 23. 24. 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 this proceeding and any and all issues raised herein, other than enforcement of this Agreement. PROVIDER further agrees that the Agency shall issue a Final Order which is . consistent with the terms of this settlement, that adopts this Agreement and closes this matter. 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. 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. This Agreement shall inure to the benefit of and be binding on each party’s successors, assigns, heirs, administrators, representatives and trustees. All times stated herein are of the essence of this Agreement. This Agreement shall be in full force and effect upon execution by the respective parties in counterpart. SE ET TE RE FEE RTE ATER © RNIN SOR GET mre camera TSS TE TCC SRE, Sih i iil a it iii i i “ LIFESTYLES & HEALTHCARE, LTD., d/b/a OKEECHOBEE HEALTH CARE FACILITY Faye A, Haverlock, President of Seniors “R” Able, Inc., General Partner Petitioner/Provider Michael J. Bittman Florida Bar No. 0347132 Gray, Harris & Robinson, P.A. 301 E. Pine Street, Suite 1400 Post Office Box 3068 Orlando, FL 32802-3068 (407) 843-8880 Telephone (407) 244-5690 Facsimile AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308-5403 Bae Bob Sharpe Deputy Secretary, Medicaid c William H. Roberts General Counsel Kelly ¢ Bennett Assistant General Counsel Dated: December BO , 2001 Dated: December /4 _, 2001 Dated: 2-7 ,» 200_2- Dated: ZO 2002-— Dated: Z/ ,200 2 EES REET RE MRR RTT TRE OI we Somme oe wee orem

Docket for Case No: 01-003607MPI