Petitioner: EDWIN CORDERO, M.D.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: J. D. PARRISH
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jun. 05, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 21, 2002.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA oes pe
AGENCY FOR HEALTH CARE ADMINISTRATION
- ‘
EDWIN CORDERO, M.D., . ‘
Petitioner, rae — f
J ; hee a
V. DOAH CASE NO. 02-2268MPT
AHCA Provider No. 0654221-00/
STATE OF FLORIDA, 2559129-00
AGENCY FOR HEALTH CARE C.I. No. 98-0190-000/WG2/VAS
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.
/ f -
DONE AND ORDERED on this the _” day of Ver 45 2002, in
Tallahassee, Florida.
io oo
befon pte.
Ln onda M. Medows, MD, Secretary
U 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:
James M. Barclay, Esquire
Ruden, McClosky, Smith, Schuster & Russell, P.A.
215 South Monroe Street, Suite 815
Tallahassee, Florida 32302
Susan Felker-Little, Esquire
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308-5403
J.D. Parrish
Administrative Law Judge
The Desoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Sharon Dewey, Registered Nursing Consultant
Agency for Health Care Administration
2727 Mahan Drive, MS#6
Tallahassee, Florida 32308
Willie Bivens
Finance & Accounting
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #14
Tallahassee, Florida 320308
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
urnished to the above named addresses by U.S. Mail on this the ( L day of
L , 2002.
Chale 1 os
{S(lealand McCharen, Agency Cle
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
EDWIN CORDERO, M.D.,
Petitioner,
v. DOAH CASE NO. 02-2268MPI
AHCA Provider No. 0654221-00/
STATE OF FLORIDA, 2559129-00
AGENCY FOR HEALTH CARE C.I. No. 98-0190-000/WG2/VAS
ADMINISTRATION,
Respondent.
/
SETTLEMENT AGREEMENT
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,
(“AHCA” or “the Agency”), and EDWIN CORDERO, M.D., (“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 the State of Florida, with provider number
0654221-00/2559129-00,
3. In its final agency audit report dated April 11, 2002, AHCA notified PROVIDER
that a review of Medicaid claims, performed by Medicaid Program Integrity (MPD), indicated
that, in its opinion, some claims in whole or in part were not covered by Medicaid. The Agency
sought overpayment in the amount of $69,941.69. In response to the final agency audit report,
on April 29, 2002, PROVIDER filed a petition for a formal administrative hearing.
Edwin Cordero, M.D.
DOAH Case No. 02-2268MPI
Settlement Agreement
Page 2 of 6
4. The matter was referred to the Division of Administrative Hearings (DOAH) and
assigned DOAH Case No. 02-2268MPI. Subsequently, PROVIDER submitted additional
documentation related to the disputed claims; AHCA performed a review of the additional
documentation and adjusted the overpayment to $65,017.31.
5, In order to resolve this matter without further administrative proceedings,
PROVIDER and AHCA 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) Within thirty (30) days of receipt of the Agency for Health Care
Administration Final Order incorporating by reference this Settlement
Agreement, PROVIDER agrees to make a single payment in the total sum
of SIXTY THOUSAND ONE HUNDRED NINETY DOLLARS AND
NO CENTS ($60,190.00), which constitutes:
(1) Medicaid claims overpayment of $58,420.00 and
(2) investigative costs of $1,770.00,
(c) The payment of $60,190.00 shall be made payable and remitted to:
Agency for Health Care Administration
Attn. Medicaid Accounts Receivable
P. O. Box 13749
Tallahassee, FL 32317-3749
in full and complete settlement of all claims in the audit referenced as C.I.
No. 98-0190-000/WG2/VAS. Payment shall clearly indicate that it is
Edwin Cordero, M.D.
DOAH Case No. 02-2268MPI
Settlement Agreement
Page 3 of 6
pursuant to a settlement agreement and shall reference Audit C_1. No.
98-0190-000/WG2/VAS.
(d) PROVIDER and AHCA agree that 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. 98-1072-
000/WG2/VAS.
(e) PROVIDER is responsible for ensuring timely delivery of the payment set
forth herein. Furthermore, failure to timely make the payment will render
the balance due and payable immediately, with statutory interest, and
interest will continue to accrue until the entire balance is paid. AHCA
reserves the right to seek enforcement of this agreement by any legal
means.
() PROVIDER agrees that it will not rebill the Medicaid Program in any
manner for claims that were not covered by Medicaid, which are the
subject of the audit in this case.
(g) PROVIDER will cooperate in a comprehensive follow-up review within 6
months of the date of the Final Order in the cause to ensure that
PROVIDER is billing Medicaid correctly.
6. 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
Edwin Cordero, M.D.
DOAH Case No. 02-2268MPI
Settlement Agreement
Page 4 of 6
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.
7. AHCA reserves the right to enforce this Agreement under the laws of the
State of Florida, 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. The parties agree to bear their own attorney’s fees and costs, if any, except as
hereinabove stated.
10. 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.
11. This Agreement shall be construed in accordance with the provisions of the laws
of Florida. Venue for any action arising from this Agreement shall be in Leon County, Florida.
12, This 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 Agreement is completed and properly executed by the parties.
Edwin Cordero, M.D.
DOAH Case No. 02-2268MPI
Settlement Agreement
Page 5 of 6
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 potential correctness or
incorrectness of its understandings, information and contentions as to facts and law, so that no
misunderstanding or misinformation shall be a ground for rescission hereof.
14. 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. PROVIDER
further agrees that it shall not challenge or contest any Final Order entered in this matter that is
consistent with the terms of this settlement in any forum now or in the future available to it,
including the right to any administrative proceeding, circuit or federal court action or any appeal.
15. 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.
16. 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.
17. This 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 Agreement.
Edwin Cordero, M.D.
DOAH Case No. 02-2268MPI
Settlement Agreement
Page 6 of 6
19. This Agreement shall be in full force and effect upon execution by the respective
parties in counterpart,
PROVIDER:
: Chil 0% Dated: wo Lip / , 2002.
EDWIN CORDERO, M.D.
AGENCY FOR HEALTH CARE
ADMINISTRATION
2727 Mahan Drive, Mail Stop #3
Tallahassee, FL 32308-5403
wet Dated: ad J. 7 , 2002.
RUFUS NOBLE
Inspector General
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a, Aids hae (hte Dated: 7" , 2002.
VALDA CLARK CHRISTIAN
General Counsel
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ye lL Dated: ~ ZL , 2002.
? :
SUSAN C. FELKER-LITTLE
Assistant General Counsel
TAL:38478:1 6
Docket for Case No: 02-002268MPI
Issue Date |
Proceedings |
Dec. 06, 2002 |
Final Order filed.
|
Oct. 21, 2002 |
Order Closing File issued. CASE CLOSED.
|
Oct. 17, 2002 |
Joint Motion to Cancel Final Hearing and Relinquish Jurisdiction (filed by Respondent via facsimile).
|
Jul. 24, 2002 |
Cancellation of Dr. Cordero`s Notice of Taking Designated Agency Representative`s Depositions Duces Tecum filed by Petitioner.
|
Jul. 16, 2002 |
Dr. Cordero`s Notice of Taking Designated Agency Representatives` Depositions Duces Tecum filed.
|
Jun. 28, 2002 |
Respondent`s Notice of Service of Respondent`s First Interrogatories to Petitioner and Respondent`s First Request for Production of Documents (filed via facsimile).
|
Jun. 28, 2002 |
Respondent`s First Request for Production of Documents (filed via facsimile).
|
Jun. 24, 2002 |
Notice of Hearing issued (hearing set for October 29 and 30, 2002; 9:00 a.m.; Tallahassee, FL).
|
Jun. 17, 2002 |
Joint Response to Initial Order (filed via facsimile).
|
Jun. 06, 2002 |
Initial Order issued.
|
Jun. 05, 2002 |
Final Agency Audit Report filed.
|
Jun. 05, 2002 |
Petition for Formal Administrative Hearing filed.
|
Jun. 05, 2002 |
Notice (of Agency referral) filed.
|