Petitioner: SAMANTHA R. WILSON AT BAYVIEW
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: ELLA JANE P. DAVIS
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Sep. 28, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 4, 2001.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA Poa
AGENCY FOR HEATH CARE ADMINISTRATION-» ,¢ ¢-
Tol BAS
2
SAMANTHA R. WILSON AT BAYVIEW,
Petitioner, XO Adeava}
vs. CASE NO. 01-3809 - :
NHOO-161R S
AGENCY FOR HEALTH CARE =m :
ADMINISTRATION, & :
Respondent. a
/
FINAL ORDER
236 Wi
THE PARTIES resolved all disputed issues and executed :
a “settlement agreement”, which is incorporated by .
reference. The parties are directed to comply with the
k.
i
is
terms of the “settlement agreement”. Based on the
foregoing, this proceeding is CLOSED.
DONE and ORDERED on this the /¢F day of
'
2 :
Lalerucatyy , 200%, in Tallahassee, Florida. E
Rhonda M. Medows, M.D, tary
Agency for Health Care Administration
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SRE OL TSE ATR ROP IRE A
tk i i
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:
Peter A. Lewis, Esq.
Goldsmith, Grout & Lewis, P.A.
307 West Park Avenue, Suite 200
Tallahassee, Florida 32308
Kim A. Kellum, Esquire
Attorney for Agency
AGENCY FOR HEALTH CARE
ADMINISTRATION
2727 Mahan Drive
Fort Knox Building 3, Mail Stop 3
Tallahassee, Florida 32308
Ella Jane P. Davis
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Willie Bivens, Finance and Accounting
Mary A. Steward, Medicaid Program Analysis
OI oR TERRES ORR RECA R “ =e eR
CORRE ET Pre err
oer
i
Se CR TR
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been furnished to the above named addressees
by U.S. Mail on this the /¢ day of — IL ALP ,
2008.
erry
Despre nen Hane
Agency¥Clerk
State of Florida
Agency for Health Care
Administration
2727 Mahan Drive,
_ Building #3, Mail Stop 3
Tallahassee, Florida 32308-5403
ep ro corr
STATE OF FLORIDA
- . DIVISON OF ADMINISTRATIVE HEARINGS
SAMANTHA R. WILSON AT BAYVIEW,
Petitioner, ‘
vs. > CASE NO: 01-3809 .
'
AGENCY FOR HEALTH CARE ,
ADMINISTRATION,
Respondent.
/
SETTLEMENT AGREEMENT
Petitioner, Samantha R. Wilson at Bayview, and Respondent, Agency for Health
Care Administration (“Agency”), by and through the undersigned counsel and
representatives hereby stipulate and agree as follows:
1. The Agency agrees to revise the Petitioner’s Medicaid audit report for fiscal
year ended September 30, 1998, in accordance with the attached letter from
Maggie Kendrick to Larry Lake, dated November 28, 2001;
2. The Agency agrees to adopt this agreement in a Final Order;
3. Upon the execution of this Agreement by all Parties, the Petitioner shall file
with the Agency a dismissal with prejudice of its Petition in this case;
4. Each party agrees to bear their own costs and fees associated with this matter.
;
F
F
. Notwithstanding the provisions of paragraph 4, nothing contained herein shall
affect the reporting or allowability of the aforementioned costs or fees for
subsequent reporting years.
. The Parties stipulate and agree that this Settlement Agreement is a legal and
binding document and is fully enforceable in any Court of competent
jurisdiction.
. The signatories hereto represent and warrant that they are vested with the
authority to execute this Settlement Agreement on behalf of their respective
principals, and as duly designated representatives, to fully bind such
principals.
. The Parties recognize and acknowledge that this agreement does not affect the
rights and/or obligations of any party other than the parties to this agreement.
. This agreement is binding on the parties’ successors and assigns.
CORT RR RET TERESI OS
oo
Seiten ted
. 4 te ay
Dated this the day of 200K
SAMANTHA R. WILSON AT AGENCY FOR HEALTH CARE
BAYVIEW ADMINISTRATION
TER A. LEWIS KIM A. KELLUM, Esquire
GOLDSMITH, GROUT & LEWIS, P.A. Assistant General Counsel
P.O. Box 1017 Agency for Health Care
307 West Park Avenue, Suite 200 Administration
Tallahassee, Florida 32302-1017 2727 Mahan Drive, Building 3
Tallahassee, Florida 32308
STE A. GRIGAS, Esquire
Chief Medicaid Counsel }
Agency for Health Care /
Administration
2727 Mahan Drive, Building 3
Tallahassee, Florida 32308
ye”
E
E
oo WILLIAM ROBERTS, Esquire j
General Counsel ‘
Agency for Health Care
Administration oo.
2727 Mahan Drive, Building 3
Tallahassee, Florida 32308
“BOB SHARPE
Deputy Secre he | Medicaid —
Program ~—
Agency for Health Care
Administration
2727 Mahan Drive, Building 3
Tallahassee, Florida 32308
NOU-23-2881 12:28 AGENCY FOR HEALTH CARE AD 858 413 9313 P.@2
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
386 BUSH, GOVERNOR RUBEN J. KING-SHAW, JIR., SECRETARY
November 28, 2001
CERTIFIED MAIL RETURN RECEIPT
No. 7000 1530 0000 5396 9158
Mr. Larry Lake 4
Samantha R. Wilson at Bayview"
161 Marine Street
St. Augustine, FL 32804
Re: ‘Florida Medicaid Audit Appeal for Cost Report
NHO0-161R #202606 Year Ended September 30, 1998
Samantha R. Wilson at Bayview
Dear Mr. Lake:
Upon further review of the audit adjustments and discussions with Ms. Dawn Segler, the
following changes will be made in exchange for dismissal with prejudice of the related audit
appeals.
Adjustment #7. This adjustment has been removed.
Adjustment #9. This adjustment has been removed.
Adjustment #30. This adjustment has been increased from (85,667) to ($195,694).
Adjustment #41. This adjustment has been removed. :
Adjustment #42, This adjustment has been removed.
Adjustment #43. This adjustment has been removed.
Vistt AHCA Online at
2727 Mahan Drive « Mail Stop 21
www fdhe.siate flus
Tallahassee, FL 32308
SOUR RRR TTI ORR eRe eer ere
ee
» HOU-29-2881 12:26 AGENCY FOR HEALTH CARE AD 838 413 9313 P.@3
=
Delta Health Care Center of Tampa
July 23, 2001
Page 2 .
Adjustment #46. This adjustment has been removed.
In addition, we shave removed ‘the Capital Additions and Improvements Adjustment #1, which
was ($7, 026. 971) of acquisition costs.
The terms of this letter are for settlement purposes ‘only. The assertions made herein 2 are not to,
= be considered admissions on the part of the agency. This letter should not be considered a
. settlement document unless incorporated into a settlement document.
; The above audit reports will be revised and reissued to reflect appropriate changes necessitated
~ by this agreement.
er IRR tm per
if these changes are in n accord with : your understanding, please forward this letter to AHCA’s -
legal counsel for drafting of a settlement stipulation. Your assistance in bringing this matter to a
close is appreciated. 4
If you have any questions, please call me at (850) 488-4476.
Sincerely,
Maggie Kendrick
Audit Review & Evaluation Analyst
ORT TEE RTT RRO Pie weer or
Seadcciiasaaaumeae
/MK
cc: Lisa Milton, Administrator of Audit Services, AHCA
Kim Kellum, Senior Attomey, AHCA
ORE I RET RRR REE ng ore HE reer eer TEE eee Fe
Fs
TOTAL P.@3
Docket for Case No: 01-003809
Issue Date |
Proceedings |
Feb. 20, 2002 |
Final Order filed.
|
Dec. 04, 2001 |
Order Closing File issued. CASE CLOSED.
|
Nov. 30, 2001 |
Motion to Close File (filed by Peitioner via facsimile).
|
Oct. 12, 2001 |
Order of Pre-hearing Instructions issued.
|
Oct. 12, 2001 |
Notice of Hearing issued (hearing set for December 7, 2001; 9:30 a.m.; Tallahassee, FL).
|
Oct. 10, 2001 |
Joint Response to Initial Order (filed by Petitioner via facsimile).
|
Oct. 02, 2001 |
Initial Order issued.
|
Sep. 28, 2001 |
Notice of Completion of Audit Report filed.
|
Sep. 28, 2001 |
Petition for Formal Administrative Hearing filed.
|
Sep. 28, 2001 |
Notice (of Agency referral) filed.
|