STATE OF FLORIDA ORE 2 90 AGENCY FOR HEALTH CARE ADMINISTRATION AE e CEDARS MEDICAL CENTER, HE RAS Te TS CRM Petitioner, f {| clove f ~ Y/Y Le ey v. DOAH CASE NO. 02-0953 ° 7 AUDIT NO.: CI 01-HR93-196 STATE OF FLORIDA, AGENCY FOR 2, HEALTH CARE ADMINISTRATION, Respondent. / FINAL ORDER THE PARTIES resolved all disputed issues and executed a settlement agreement 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 | oF day of |) DeQe.4 are , 2002, in Tallahassee, Florida. (te M. Medows, MD, Setretary 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: Jeffrey T. Royer, Esq. AcLMaWealéehve kaw Gyuclge Buckingham, Doolittle & Burroughs, LLP — 2500 North Military Trail, Ste. 480 DOA H Boca Raton, FL 33431 Eric Miller, Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 (Interoffice) Rufus Noble, Inspector General Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice) Finance & Accounting (Interoffice) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served to the above named addresses by U.S. Mail this Lp day of _| ex ey Ke, 2002. Chace# I Aauiass “3 ‘CLealand McCharen, Esquire Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 (850) 922-5873 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION CEDARS MEDICAL CENTER, Petitioner, v. DOAH CASE NO. 02-0955 AUDIT NO.: CI 01-HR93-196 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / SETTLEMENT AGREEMENT The State of Florida, Agency for Health Care Administration (“AHCA”), and Cedars Medical Center (“PROVIDER”), 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, and neither party concedes the other’s position. 2. PROVIDER is a Medicaid provider in the State of Florida. 3. In its final agency audit report dated January 29, 2002, AHCA notified PROVIDER that a review of Medicaid claims performed by Medicaid Program Integrity (MPI) indicated some claims submitted by PROVIDER were not covered by Medicaid, either in whole or in part. The Agency sought to recoup overpayment in the amount of $122,463.79. In response PROVIDER petitioned for a formal administrative hearing, which matter currently is pending as DOAH Case No. 02-0955. 4. In order to resolve this matter without further administrative proceedings, AHCA and PROVIDER expressly agree as follows: a. AHCA agrees to accept the payment set forth herein in settlement of the overpayment issues arising from the MPI review. b. Upon execution by ail parties of this Settlement Agreement, PROVIDER agrees AHCA will file with DOAH a Motion to Relinquish Jurisdiction and to Close File and may represent PROVIDER’s concurrence in the motion. c. Upon remand of this matter from DOAH, AHCA will enter a Final Order incorporating the terms of this Settlement Agreement. d. Within thirty (30) days of receipt of the Final Order, PROVIDER agrees to make a single payment to AHCA of Thirty Two Thousand and No/100 Dollars ($32,000.00) (“Settlement Amount”) in full and complete settlement of all claims in these proceedings. e. PROVIDER and AHCA agree full payment as set forth above will resolve and settle this case completely and release both parties from all liabilities arising from the findings in the audit referenced as C.I. HR-93-196. f. PROVIDER agrees it will not rebill the Medicaid Program in any manner for claims not covered by Medicaid which are the subject of the audit in this case. g. If AHCA offsets, inadvertently or otherwise, all or a portion of the Settlement Amount from any future Medicaid reimbursement payable to Provider (except as authorized by paragraph 6, below), AHCA agrees Provider may credit the amount of any such offset against the Settlement Amount at the time Provider tenders such payment. 5. Payment shall be made to: AGENCY FOR HEALTHCARE ADMINISTRATION Medicaid Accounts Receivable Post Office Box 13749 Tallahassee, Florida 32317-3749 6. PROVIDER agrees the failure to pay any monies due and owing under the terms of this Settlement Agreement shall constitute PROVIDER’S authorization for AHCA, without further notice, to withhold the total remaining amount due under the terms of this Settlement Agreement from any monies due and owing to PROVIDER for any Medicaid claims. 7. AHCA reserves the right to enforce this Settlement Agreement under Florida law, the Rules of the Medicaid Program, and all other applicable rules and regulations. 8. This settlement does not constitute an admission of wrongdoing or error by either party with respect to this case or any other matter. 9. Each party shall bear its own attorneys’ fees and costs. 10. Each party to this Settlement Agreement stipulates its undersigned representative is duly authorized to enter into and execute this Settlement Agreement on its behalf. 11. This Settlement Agreement shall be construed in accordance with Florida law. Venue for any action arising from this Settlement Agreement shall be in Leon County, Florida. 12. This Settlement Agreement constitutes the entire agreement between PROVIDER and 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 AHCA other than as set forth herein. No modification or waiver of any provision shall be valid unless a written amendment to the Settlement Agreement is completed and properly executed by the parties. 13. This is an agreement of settlement and compromise, made in recognition that the parties may have different or incorrect understandings, information, and contentions as to facts and law, and with each party compromising and settling any understanding, information, and contention as to fact and law, so that no misunderstanding or misinformation shall be a ground for rescission of this Settlement Agreement. 14. PROVIDER expressly waives in this matter its right to any hearing under §$§ 120.569 or 120.57, Florida Statutes, the making of findings of fact and conclusions of law by AHCA, and all other proceedings, including appeals, to which it may be entitled by law regarding any and all issues raised in DOAH Case no. 02-0955, Audit No. C.I. 01-HR93-196. PROVIDER further agrees it shall not challenge or contest any Final Order which is consistent with the terms of this Settlement Agreement, waiving its rights to any administrative proceeding, state or federal court action, or any appeal. 15. This Settlement Agreement is and shall be deemed jointly drafted and written by all parties to it and shall not be construed or interpreted against either party. 16. To the extent any provision of this Settlement Agreement is prohibited by law for any reason such prohibition shall not affect any other provision of this Settlement Agreement. 17. This Settlement Agreement shall inure to the benefit of and be binding on each party’s successors, assigns, heirs, administrators, representatives, and trustees. 18. All times stated herein are of the essence of this Settlement Agreement. 19. This Settlement Agreement shall be in full force and effect upon execution by the respective parties in cou! Dated: /* ['/ , 2002 Capacity: FIORIDA AGENCY FOR HEALTH CARE ADMINISTRATION 2727Mahan Drive, Mail Stop #3 Tallahassee, FL 32308-5403 Prot Robert Sharpe, Deputy Secretary Liebe (eel Pe Valda Clark Christian, General Counsel Eric H. Miller, Assistant General Counsel Dated: Dated: Dated: , 2002 , 2002

Docket for Case No: 02-000955MPI