Petitioner: ALINA DE LA PAZ
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: PATRICIA M. HART
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Oct. 04, 1999
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 13, 2001.
Latest Update: Jul. 02, 2024
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
ALINA DE LA PAZ, f’ (7 Ky -
Petitioner, Cc / Q ze.|
vs. CASE NO. 99-4154
CI No.: 98-1332-000
STATE OF FLORIDA, RENDITION NO.: AHCA-02~0171 -S-MDO
AGENCY FOR 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 437 dayof_ WTR 2007in
Tallahassee, Florida.
- Medows, MD, Secretary
Agency for Health Care Administration
Copies Fumished to:
Craig A. Brand, Esquire
Brand & Fernandez, P.A.
Ocean Optique Building
2 NE 40" Street, Suite 403
Miami, Florida 33137
Anthony Conticello
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308-5403
Patricia H. Malono
Administrative Law J udge
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
CERTIFICATE OF SERVICE
SEL AT BE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
TEb
furnished to the above named addresses by U.S. Mail on this the es=2 day of
Tuly— , 2002.
Mn
Lealand McCharen, Agency Clerk
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
ALINA DE LA PAZ,
Petitioner,
vs. CASE NO. 99-4154
STATE OF FLORIDA, CLI. No. 98-1332-000
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
/
SETTLEMENT AGREEMENT
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION
(“AHCA” or “the Agency”), and ALINA DE LA PAZ (“PROVIDER”), by and through the
undersigned, hereby stipulate and agree as follows:
lL. 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.
3. In its Final Agency Audit Report issued on August 27, 1999, AHCA notified
PROVIDER that review of Medicaid claims performed by Medicaid Program Integrity (MPI)
indicated that, in its opinion, some claims in whole or in part were not covered by Medicaid.
The Agency originally sought overpayment in the amount of $60,672.73. In response to the
Audit Letter dated June 4, 1999, PROVIDER filed a petition for a formal administrative hearing,
which was assigned DOAH Case No. 99-4154. During litigation PROVIDER supplied
documentation and information to AHCA that ultimately reduced the Overpayment amount to
slightly more than $8,100.00.
4. In order to resolve this matter without further administrative proceedings,
PROVIDER and the 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 days of Provider's executing this Agreement, PROVIDER
agrees to deliver to AHCA the sum of seven thousand dollars ($7,000.00), to be
made in two payments with interest at the statutory rate of ten percent (10%), as
full and complete settlement of all claims in the proceedings before the Division
of Administrative Hearings (DOAH Case No. 99-4154). The first payment due
30 days after PROVIDER'S execution of this settlement agreement and the
second payment is due on the same day of the next month. An amortization
schedule is attached hereto and incorporated herein by reference.
(c) At any time during the payment terms set forth above, PROVIDER may
repay the entire remaining principal due in a lump sum payment, without penalty
for the scheduled interest that is due subsequent to the lump sum payment.
5. 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. No. 98-1332-000.
6. 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.
7. Payment shall be made to:
AGENCY FOR HEALTH CARE ADMINISTRATION
Medicaid Accounts Receivable
Post Office Box 13749
Tallahassee, Florida 32317-3749
8. 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.
9. 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.
10. This settlement does not constitute an admission of wrongdoing or error by either
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.
Il. In the event that PROVIDER fails to deliver the full payment due hereunder, the
Agency may, with ten (10) days notice to PROVIDER, deem PROVIDER in default. If notice is
given and PROVIDER fails to remit the outstanding payment or payments to AHCA in full
within ten (10) days after receipt of the notice, PROVIDER shall be in default. If PROVIDER is
in default, the full outstanding balance specified in paragraph 4 (d) shall be due and payable. In
such event, PROVIDER’S participation in the Medicaid program shall be suspended until such
time as the Agency receives payment of the balance in full. Nothing in this paragraph shall be
construed to limit in any way the ability of the AGENCY to terminate PROVIDER pursuant to
Section 409.907(2), F.S. (1999). Notwithstanding the foregoing, the AGENCY agrees not to
terminate PROVIDER based on findings in the instant audit so long as PROVIDER complies
with this Agreement. However, if PROVIDER fails to cure its default hereunder within ten (10)
days of written notice, PROVIDER understands and agrees that the Agency may exercise its
option to terminate PROVIDER from the Medicaid program.
12, 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.
13. Each party shall bear its own attorneys’ fees and costs, if any.
14, 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.
15. 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.
16. This Agreement constitutes the entire agreement between PROVIDER and the
AHCA, including anyone acting for, associated with or employed by them, concerming 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.
17. 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.
18. 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 it shall not challenge or contest any Final Order entered in this matter which is
consistent with the terms of this settlement agreement 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.
19, 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.
20. 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.
21. This Agreement shall inure to the benefit of and be binding on each party’s
successors, assigns, heirs, administrators, representatives and trustees,
22. All times stated herein are of the essence of this Agreement and shall be strictly
complied with.
23. This Agreement shall be in full force and effect upon execution by the respective
parties in counterpart.
ALINA DE LA PAZ
Dated: S/G@ [ol , 2001,
AGENCY FOR HEALTH CARE ADMINISTRATION
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308-5403
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2001.
INY CONTICELLO
ASSISTANT GENERAL COUNSEL
Docket for Case No: 99-004154
Issue Date |
Proceedings |
Jul. 08, 2002 |
Final Order filed.
|
Apr. 13, 2001 |
Order Closing File issued. CASE CLOSED.
|
Apr. 12, 2001 |
Notice of Settlement (filed by Respondent via facsimile). |
Mar. 09, 2001 |
Notice of Appearance and Substitution of Counsel (filed by A. Conticello via facsimile). |
Feb. 09, 2001 |
Re-Notice of Taking Deposition (Telephone Deposition) Cancels Deposition of February 9, 2001, Please Advise if Interpreter is needed (2 filed via facsimile). |
Feb. 08, 2001 |
Notice of Cancellation of Deposition Duces Tecum (filed via facsimile). |
Jan. 29, 2001 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for April 17 through 19, 2001; 9:00 a.m.; Miami, FL). |
Jan. 16, 2001 |
Notice of Taking Deposition (telephone deposition) (please advise if interpreter is needed), 3 filed. |
Jan. 12, 2001 |
Notice of Deposition Duces Tecum (filed via facsimile). |
Jan. 10, 2001 |
Petitioner`s Motion for Continuance of March 14, 2001, Hearing (filed via facsimile). |
Nov. 16, 2000 |
Notice of Hearing issued (hearing set for March 14 through 16, 2001; 9:00 a.m.; Miami, FL). |
Oct. 31, 2000 |
Petitioner`s Response to Order to Show Cause and Status Report (filed via facsimile). |
Oct. 25, 2000 |
Order to Show Cause issued. (parties to respond by 11/14/2000) |
Sep. 06, 2000 |
Order Granting Continuance issued (parties to advise status by October 2, 2000). |
Sep. 01, 2000 |
Re-Newed Motion for Continuance (filed by Petitioner via facsimile). |
Jun. 27, 2000 |
Order Denying Motion to Compel Better Answers to Interrogatories sent out. (request for attorneys` fees and costs is denied) |
Jun. 20, 2000 |
Motion to Compel Better Answers to Interrogatories (filed by Petitioner via facsimile) filed. |
Jun. 14, 2000 |
Notice of Deposition Duces Tecum (Respondent filed via facsimile) filed. |
Jun. 08, 2000 |
Agency`s Response to Petitioner`s Motion to Compel Better Answers to Interrogatories filed. |
Apr. 10, 2000 |
Second Notice of Hearing sent out. (hearing set for September 14 and 15, 2000; 9:00 a.m.; Miami, FL) |
Apr. 06, 2000 |
(Petitioner) Notice of Petitioner`s Unavailability filed. |
Apr. 04, 2000 |
Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed. |
Mar. 31, 2000 |
Joint Response to Order to Show Cause and Status Report (filed via facsimile). |
Mar. 20, 2000 |
Order to Show Cause sent out. (parties shall show cause within 15 days from the date of this order why the file should be closed and returned to the referring agency) |
Feb. 22, 2000 |
Order Granting Continuance and Placing Case in Abeyance sent out. (Parties to advise status by March 10, 2000.) |
Feb. 18, 2000 |
(C. Brand) Motion for Continuance (filed via facsimile). |
Feb. 04, 2000 |
Petitioner`s Response to Interrogatories filed. |
Feb. 04, 2000 |
Petitioner`s Responses to Request for Admissions; Petitioner`s Responses to Request for Production; Notice of Serving Responses to Interrogatories Propounded by Respondent filed. |
Jan. 07, 2000 |
(C. Brand) Notice of Unavailability; Notice of Change of Address filed. |
Oct. 28, 1999 |
Order of Pre-hearing Instructions sent out. |
Oct. 28, 1999 |
Notice of Hearing sent out. (hearing set for March 2 and 3, 2000; 9:00 a.m.; Miami, FL) |
Oct. 20, 1999 |
(Respondent) Unilateral Response to Initial Order (filed via facsimile). |
Oct. 08, 1999 |
Initial Order issued. |
Oct. 04, 1999 |
Notice; Request for Hearing, Letter Form; Agency Action Letter filed. |