STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS Ree OP roy DTU TT ME SLERN SERVINT, INC., Petitioner, vs. DOAH CASE NO. 00-3564 , Audit CI No. 98-0250-000 STATE OF FLORIDA, Rendition No. AHCA-01-169S- MDO AGENCY FOR HEALTH CARE pas “st ADMINISTRATION, sere oo Respondent. Tr FINAL ORDER THE PARTIES resolved all disputed issues and executed a Settlement Agreement on _Ju wha Z 5 , 2001, which is 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 oaay of Law, 2001, in Tallahassee, Florida. anker, Acting Secretary Agency for Health Care Administration reer or 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: Wayne Whelchel, MD, President Whelchel Medical Consultants Inc. 821 Ramblewood Drive Coral Springs, Florida 33071-7149 Karen Varn, Esquire Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 Florence S. Rivas Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 John Owens, Chief Medicaid Program Integrity Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #6 Tallahassee, Florida 32308 Finance & Accounting CERTIFICATE OF SERVICE I 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 (3 day of , 2001. .S. Power, Esquire Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403. (850) 922-5865 . ia i ke ' a STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SERVINT, INC., Petitioner, vs. CASE No. 00-3564 PROVIDER No. 030505700 C.I. No. 98-0250-000 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / SETTLEMENT AGREEMENT STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA” or “the Agency”), and SERVINT, INC. (“PROVIDER”), by and through the undersigned, hereby stipulate and agree as follows: 1. This Agreement is entered into between the parties to resolve issues of Petitioner’s compliance with Chapter 409, Florida Statutes, and the Medicaid Provider Handbook. 2. PROVIDER isa Medicaid provider in the State of Florida. By i otter d ted June 15 2000 AHCA tified the PROVIDER that a Final - Agency Audit of Medicaid billings indicated an overpayment from the ‘ediosid Progeam | in the | amount of 565; 767.18 for the period January 1, 1996 through March 17, {998 C. I. No. 98- 0250- 000). In response, the PROVIDER requested a formal administrative hearing. ! ee 4. - In order to resolve this matter without futties adininistrative proceedings, the PROVIDER and AHCA expressly agree as follows: — . . . a.) AHCA agrees to accept the payment set forth herein in full and complete settlement of the overpayment issues uncovered by the above-referenced audit and agrees not to impose any fines or penalties arising from Medicaid billings for the period of January 1, 1996 through March 17, 1998 (C.I. No. 98-0250-000). b.) AHCA agrees not to terminate the PROVIDER as a Medicaid provider for the overpayments uncovered by this audit so long as PROVIDER complies with this Agreement, and continues to comply with all Florida Statutes, rules, regulations and policies applicable to the Medicaid program. c.) . Within thirty days of entry of a Final Order by the Agency in this matter, PROVIDER agrees to make one payment of fifteen thousand dollars ($15,000.00) in full and complete settlement of all claims in the proceedings before the . Division of Administrative Hearings (DOAH Case No. 00-3564). 4) PROVIDER agrees : that it will not bill the ‘Medicaid program for a period of five (5) years from the date of this agreement. 5. Payments shall be made to: __AGENCY | FOR HEALTH CARE ADMINISTRATION Medicaid Accounts Receivable ~ Post Office Box 13749 : Tallahassee, Florida 31317-3749 ! _ Upon full payment to the Agency of the amount provided i in . paragraph four (4), ee Ab WE eS the Agency hereby agrees to release the PROVIDER from any and all liability arising from the | poo findings in the audit of Medicaid billings for the period of January 1, 1996 through March 17, AHCA, including anyone acting for, associated with or employed by them, concerning all 1998 (C.I. No. 98-0250-000) as set forth in the Final Agency Audit Report dated June 15, 2000, incorporated herein by reference. 7. 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. 8. AHCA reserves the right to enforce this Agreement under the laws of the State of Florida, the Rules of the Medicaid Pro gram, and all other applicable rules and regulations. 9. Each party to the Agreement shall bear its own attorney fees and costs, if any. | 10. The signatories to this agreement represent and warrant that they are duly authorized to enter into this Agreement on behalf of and to bind the respective parties. 11. This Agreement shall be construed in accordance with the provisions of the law of Florida. Venue for any action n arising from this Agreement shall be in Leon County, Florida. 12. In the event that a party breaches this Agreement, and enforcement of this Agreement or recovery of damages for breach hereof is obtained by law or by legal proceedings through an attorney at law, all costs of collection or enforcement, including reasonable attorney’s fees shall be paid by the breaching party to the ¢ nonbreaching party. 13. This Agreement constitutes the entire agreement between PROVIDER and 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 my provision shall be valid unless a written amendment to the Agreement is completed and properly executed by the parties. meee nee gee neces gee » parties in counterpart. 14. 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. 15. | PROVIDER expressly waives in this matter its right to any hearing pursuant to Sections 120.569 or 120.57, Florida Statutes, the making or findings of fact and conclusions of law by the Agency, and all farthe an oceedings to which it may be entitled by law or this proceeding and a any ‘and all i issues raised by the audit of Medicaid billing for the period of January 1, 1996 through March 17, 1998 (C.L. No. 98-0250- 000). PROVIDER further ogres that it shall not challenge or contest any Final Order entered in this matter in nany forum now or in nthe future available to it including the ight to any administrative proceeding, circuit or federal court action or any appeal. 16. This Agr ement i is sand shall be deemed joinuy. drafted and written by all parties to it and shall not be construed or interpreted against the party originating or preparing it. 17. To the extent int any provision, of this Agreement i is prohibited by law for any reason, such provision shall be effective to the extent not so prohibited, and such prohibition affect any other provision of this Agreement. . y the respective ~ a eee ; Saami coarser By & _ SERVINT, INC. / fo / Dated:_O2//4/0F 2001 BY:_Mario Fernandez, President f i FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Ft. Knox Bldg. #3 Tallahassee, Florida 32308-5403 pe MAK Dated: 6/es- 2001 Rufus Nople Inspector General rs Dated: &- 2o~ ,2001 Julie Gallagher General Counsel KA Vo ter Dated: 2 /zz , 2001 Heidi Hughes Assistant General Counsel ao rs ve epee

Docket for Case No: 00-003564