Petitioner: PLANTATION NURSING AND REHABILITATION CENTER
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: ROBERT E. MEALE
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Sep. 20, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 28, 2002.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
PLANTATION NURSING AND
REHABILITATION CENTER, “7 ; 4
Deyn-clend “HR. *
Petitioner, KOMN- CMG 8 fon
CASE NO: = 02-3633 :
y.
JUDGE: R. Meale
STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,
Respondent.
/
FINAL ORDER
THE PARTIES resolved ail 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 1G day of Novembee_, 2003,
in Tallahassee, Florida.
Rhonda M. Medows, , Secretary
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:
Peter A. Lewis, Esquire
Goldsmith, Grout & Lewis, P.A.
307 West Park Avenue, Suite 200
Tallahassee, Florida 32308
Anthony L. Conticello, Assistant General Counsel
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308-5403
(Interoffice)
Judith E. Hefren, Deputy Inspector General
Medicaid Program Integrity
Agency for Health Care Administration
2727 Mahan Drive, MS #5
Tallahassee, Florida 32308
(Interoffice)
Jean Lombardi
Finance & Accounting
Medicaid Accounts Receivables
Agency for Health Care Administration
2727 Mahan Drive, MS #14
(Interoffice)
Robert Maryanski
Medicaid Program Development
Agency for Health Care Administration
2727 Mahan Drive, MS #20
(Interoffice)
Robert E. Meale
Administrative Law Judge
DOAH
(Interoffice Mail)
Robert Butler
Bureau Chief
Medicaid Program Analysis
2727 Mahan Drive, Mail Stop #21
Tallahassee, Florida 32317
(interoffice Mail)
CERTIFICATE OF SERVICE
IT 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 \q day of
‘ M a HEN, 2003.
j j (4
Char tens hp peo's
io ( Lealand McCharen, Esquire
Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308-5403
(850) 922-5873
No. 7886 2. 2
0
STATE OF FLORIDA oy
DIVISION OF ADMINISTRATIVE HEARINGS ; ® on ad
PLANTATION NURSING AND
REHABILITATION CENTER,
Petitioner,
CASENO: 02-3633
v.
JUDGE: R. Meale
STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,
Respondent.
/
SETTLEMENT AGREEMENT
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION
(“AHCA” or “the Agency”), and PLANTATION NURSING AND REHABILITATION
CENTER (“PROVIDER”), by and through their undersigned authorized representatives, hereby
stipulate and agree as follows:
WHEREAS, PROVIDER applied for interim rate adjustments to its Medicaid rates at its
nursing home facility:
WHEREAS, the Agency initially denied PROVIDER’s interim rate adjustment request
based upon the information submitted by PROVIDER in its application;
WHEREAS, PROVIDER filed an administrative petition with the Division of
Administrative Hearings for final hearing challenging the Agency’s denial, which was assigned
Case No. 02-3633;
WHEREAS, both parties requested that that the final hearing be postponed to allow the
PROVIDER to submit additional information and documentation regarding the necessity for the
interim rate adjustment requests;
WHEREAS, the information and documentation provided sufficient justification for the
Agency to grant an interim rate adjustment as set forth in this Settlement Agreement (the
“Agreement”).
1, This Agreement is entered into between the parties for the purpose of avoiding the
costs and burdens of litigation.
2. In order to resolve this matter without further administrative proceedings,
PROVIDER and AHCA expressly agree as follows:
a. The Agency agrees to grant PROVIDER an interim rate increase for the following
components of its Medicaid rates for the incremental increases to costs associated with the
conversion of 36 nursing facility beds to pediatric beds effective F ebruary 1, 2002, as set forth
herein:
i. The Operating Component interim rate = $2.37
ii. The Direct Patient Care Component interim rate = $8.87
iii, The Indirect Patient Care Component
Interim rate
$7.35
b. Pursuant to the Florida Title XIX Long Term Care Reimbursement Plan, the
interim rate methodology as described in Section IV.J will apply to this interim rate. The interim
rate increases are subject to audit in accordance with Section II.
3. The Parties 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.
4. The parties agree to bear their own attomey’s fees and costs, if any.
5. 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.
Furthermore, PROVIDER agrees that its signature alone binds PROVIDER. PROVIDER shall
furnish the actual signed Settlement Agreement to AHCA.
6. 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.
7. 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.
8. 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.
9. 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
tules of the Agency regarding this proceeding and any and all issues raised herein. PROVIDER
further agrees that the Agency shall have the authority to issue a Final Order which is consistent
with the terms of this settlement, that adopts this agreement and closes this matter.
10, PROVIDER, does hereby discharge the State of Florida, Agency for Health Care
Administration, and its agents, representatives, and attomeys of and from all claims, demands,
actions, causes of action, suits, damages, losses and expenses, of any and every nature
whatsoever, arising out of or in any way related to this matter, Case No.: 02-3633, and AHCA’s
actions herein, including, but not limited to, any claims that were or may be asserted in any
federal or state court or administrative forum, including any claims arising out of this agreement,
by or on behalf of Facility, except as provided by paragraph no. 3.
11. This Agreement is and shal] 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.
12. 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,
13. This Agreement shall inure to the benefit of and be binding on each party’s
successors, assigns, heirs, administrators, representatives and trustees,
14. All times stated herein are of the essence of this Agreement,
15. This Agreement shall be in full force and effect upon execution by the respective
parties in counterpart.
PLANTATION NURSING AND
REHABILITATION CENTER,
/ a
ad a Dated: CEREUAEY 12 aogg
PLANTATION NURSING AND
REHABILITATION CENTER,
By; ARMAUIDO VAZQUEZ
(print name above)
Its; Di2 OF Pewee oosencas
(print representative capacity)
Place Corporate Seal Above
Dated: , 2003.
A Ss, 2,
PETER LEWIS, ESQ,
Attorney for Petitioner
PLANTATION NURSING AND
REHABILITATION CENTER,
PLANTATION NURSING AND
REHABILITATION CENTER,
By:
(print name above)
Its:
(print representative capacity)
PETER LEWIS, ESO.
Attorney for Petitioner
Dated:
Dated:
» 2003.
Place Corporate Seal Above
, 2003.
fuds ffi gurM
AGENCY FOR HEALTH CARE
ADMINISTRATION
2727 Mahan Drive, Mail Stop #3
' Tallahassee, FL 32308-5403
x) 4
“ Yip Be
4 Lido Lok C3 Dated: HUA (7 2003,
VALDA CLARK CHRISTIAN
General Counsel
oc Dated: Hid , 2003,
ROBERT SHARPE
Deputy Secretary of Medicaid
Dated: , 2003.
ANTHONY L. CONTICELLO, ESQ,
Assistant General Counsel
Docket for Case No: 02-003633
Issue Date |
Proceedings |
Mar. 20, 2003 |
Final Order filed.
|
Oct. 28, 2002 |
Order Closing File issued. CASE CLOSED.
|
Oct. 23, 2002 |
Agreed Motion for Remand (filed via facsimile).
|
Oct. 07, 2002 |
Amended Notice of Hearing issued. (hearing set for November 12, 2002; 9:00 a.m.; Tallahassee, FL, amended as to Date of Hearing).
|
Oct. 02, 2002 |
Notice of Hearing issued (hearing set for November 11, 2002; 9:00 a.m.; Tallahassee, FL).
|
Sep. 30, 2002 |
Joint Response to Initial Order (filed by Respondent via facsimile).
|
Sep. 23, 2002 |
Initial Order issued.
|
Sep. 20, 2002 |
Interim Rate Request - Plantation Nursing Home filed.
|
Sep. 20, 2002 |
Petition for Formal Administrative Hearing filed.
|
Sep. 20, 2002 |
Notice (of Agency referral) filed.
|