={LED . FILED STATE OF FLORIDA £32 - AGENCY FOR HEALTH CARS ADMINIS TRATION JN -5 Q] VISION OF pepe ct HOA aint RAINE DEPARTMENT CLERK ADNIEARINGS DELTA HEALTH GROUP, INC., d/b/a CARNEGIE GARDENS NURSING CENTER, CREST MANOR NURSING se CENTER, ROSEWOOD MANOR, and C /0 PANAMA CITY NURSING CENTER, L Petitioner, Case Nos. 00-3785 ( a 00-3786 00-3787 vs. 00-3788 RENDITION NO.: AHCA-01 - O10~S-MDA AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. FINAL ORDER This cause came before me for the purpose of issuing a final agency order. Based on the Notice of Voluntary Dismissal and Order Closing File, attached and incorporated by reference herein, there are no remaining disputed issues of fact. Accordingly, the following findings are made: FINDINGS OF FACT 1. Petitioner's Notice of Voluntary Dismissal was filed on 2. By Order Closing File, dated___ , the Division of Administrative Hearings relinquished jurisdiction back to the Agency and closed its files 4. There are no remaining disputed issues of fact or law. ” ~s CONCLUSIONS OF LAW The Agency has jurisdiction over the parties and subject matter pursuant to Section 120.57, Fla. Stat. (1999). The parties are directed to comply with the terms of the Settlement Agreement. The petitions are dismissed and the Agency’s files are closed. ios eer DONE AND ORDERED thi jay of ,2666-in Tallahassee, Leon County, Florida. Prot Potuapn RUBEN J. KING-SHAW, JR. Director 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, 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 OF PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL - MUST BE FILED WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Barbara J. Staros Peter Lewis, Esquire Administrative Law Judge Goldsmith, Grout, & Lewis, P.A. Division of Administrative Hearings 307 West Park Avenue The DeSoto Building P.O. Box 1017 1230 Apalachee Parkway Tallahassee, FL 32302 Tallahassee, FL 32399-3060 Steven A. Grigas, Esquire Mary Stewart State of Florida Medicaid Program Analysis Agency for Health Care Administration Agency for Health Care Administration 2727 Mahan Drive, MS 3 2727 Mahan Drive, MS 21 Tallahassee, FL 32308 Tallahassee, FL 32308 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnjshed to the above named addressees by U.S. Mail on this the” day of R.S. Power, Esquire Agency Clerk State of Florida as) ve eiLeED STATE OF FLORIDA 4 JN -3 PH 1:33 DIVISION OF ADMINISTRATIVE HEARINGS |. DVIS eh RAVIVE ADMINISTRA DELTA HEALTH GROUP, INC., d/b/a HEAR CARNEGIE GARDENS NURSING CENTER CREST MANOR NURSING CENTER, ROSEWOOD MANOR, and PANAMA CITY NURSING CENTER, Petitioners, vs. CASE NOS: 00-3785 00-3786 AGENCY FOR HEALTH CARE 00-3787 ADMINISTRATION, 00-3788 Respondent. SETTLEMENT AGREEMENT The Parties by and through the undersigned counsel and representatives, hereby stipulate in full and complete settlement of the above-styled case, as follows: 1. The Respondent, AGENCY FOR HEALTH CARE ADMINISTRATION ("AHCA") shall revise its audits of Petitioner's Medicaid cost reports for the fiscal years ended January 31, 1996 and July 31, 1995 as follows: A. . The reports shall be revised in accordance with the letter to Mr. Tim Nicholson from Mr. William S. Musheno, dated October 10, 2000, which is attached and incorporated as Exhibit "A" to this Agreement 2. Based on this agreement and the revisions set forth above, the Petitioners agreesto dismiss its Petitions in this case with prejudice. 3. The AHCA agrees to adopt and incorporate this Agreement in its Final Order. 4. Each party agrees to bear their own attorney's fees and costs associated with this action. 5. Nothing contained herein shall bar the reporting or affect the allowability of the costs and fees referenced in paragraph 4, above, for future reporting periods. AGREED TO on this__ day of _ , 2000. FOR THE AGENCY: FOR THE PETITIONERS: teven A. Grigas, Esq. eter A. Lewis Senior Attorney Goldsmith & Grout, P.A. Agency for Health Care 307 West Park Avenue 2727 Mahan Drive Tallahassee, Florida 32302 Tallahassee, Florida 32308 le Gallagher, Esq. General Counsel 2727 Mahan Drive Tallahassee, Florida 32308 Pe Bob Sharpe, ; Acting Medicaid Director 2727 Mahan Drive Tallahassee, FL 32308

Docket for Case No: 00-003787