Petitioner: HENRY DOENLEN
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: P. MICHAEL RUFF
Agency: Agency for Health Care Administration
Locations: Pensacola, Florida
Filed: Oct. 03, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 13, 2000.
Latest Update: Dec. 24, 2024
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STATEOF FLORIDA ~6 7
AGENCY FOR HEALTH CARE ae DEC -! ag
Nips eed Jo
Hi
HENRY DOENLEN, MD,
Petitioner,
vs. DOAH CASE NO. 00-4059 PE oak
Audit No. CI-00-0286-000
RENDITION NO.: AHCA-00-273-S-—MDO
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
/
FINAL ORDER
THE PARTIES resolved all disputed issues and executed a settlement agreement
on the 37 day of ove 2000, which is incorporated by reference. The
parties are directed to comply with the terms of the settlement. Based on the foregoing,
this file is CLOSED.
DONE AND ORDERED on this the Ce of Aerts 2000, in
Tallahassee, Florida.
. King-Shaw, Jr., 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:
Henry Doenlen
600 East Government Street
Pensacola, Florida 32501
Heidi Hughes, Esquire
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308-5403
P. Michael Ruff
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 5” day of
£C— __, 2000.
—
R.S. Power, Esquire
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
HENRY DOENLEN, MD,
Petitioner,
vs. Case No. 00-4059
Provider No. 064497801
C.L. No. 00-0286-000
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
/
SETTLEMENT AGREEMENT
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION
("AHCA" or "the Agency"), and HENRY DOENLEN, M.D. ("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 is a Medicaid provider in the State of Florida.
3. By letter dated July 5, 2000, AHCA notified the PROVIDER that a Final Agency
Audit of Medicaid billings indicated an overpayment from the Medicaid Program in the amount
of $1,401.69 for the period January 1, 1995 through June 27, 1995.
Page 1 of 5
4. In order to resolve this matter without further administrative proceedings, the
PROVIDER and AHCA expressly agree as follows:
a.) AHCA agrees to release the provider from the overpayment responsibility
for Audit CI No. 00-0286-000. This audit will be considered an educational audit.
b.) PROVIDER further agrees that he and his staff will:
q@) read Medicaid policy, and
(2) attend the next Physician and HCFA 1500 Physician Training in
the Area One Medicaid office.
c.) AHCA agrees not to terminate the PROVIDER from the Medicaid
program for the overpayments uncovered by this audit so long as PROVIDER
complies with this Agreement, and continues to comply with all Florida Statutes,
Medicaid Rules and all other applicable rules, regulations and policies.
5. 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.
6. Each party to the Agreement shall bear its own attorneys fees and costs, if any.
7. The signatories to this agreement acknowledge that they are duly authorized to
enter into this Agreement on behalf of the respective parties.
8. 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.
9. 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.
Page 2 of 5
10. 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 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.
11. 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.
12. PROVIDER expressly waives in this matter its night 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 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 by the audit of
Medicaid billing for the period of January 1, 1995 through June 27, 1995. PROVIDER further
agrees that it shall not challenge or contest any Final Order entered in this matter 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, except to enforce the obligations of the AGENCY under
this Agreement.
13. 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.
14. _—‘ To the extent that any provision of this Agreement is prohibited by law for any
Page 3 of 5
reason, such provision shall be effective to the extent not so prohibited, and such prohibition
shall not affect any other provision of this Agreement.
15. This Agreement shall inure to the benefit of and be binding on each party's
successors, assigns, heirs, administrators, representatives and trustees.
16. All times stated herein is the essence of this Agreement.
17. This Agreement shall be in full force and effect upon execution by the respective
parties in counterpart.
Page 4 of 5
Aeeto. MD Dated: Novembre % 2000
Henry Doenlen, M.D.
FLORIDA AGENCY FOR HEALTH CARE
ADMINISTRATION :
2728 Mahan Drive, Ft. Knox Bldg. #3
Tallahassee, FL 32308-5403
ym Dated: _ nfo 20
ufus Moble
Inspector General
In
Dated: cy 2000
Dated: 2 Me 000
fdi Hughes
Assistant General Counsel
Page 5 of 5
Docket for Case No: 00-004059
Issue Date |
Proceedings |
Dec. 06, 2000 |
Settlement Agreement filed. |
Dec. 06, 2000 |
Final Order filed.
|
Nov. 13, 2000 |
Order Closing File issued. CASE CLOSED.
|
Nov. 07, 2000 |
Notice of Settlement (filed by Respondent via facsimile).
|
Oct. 25, 2000 |
Notice of Hearing issued (hearing set for November 29, 2000; 10:00 a.m.; Pensacola, FL).
|
Oct. 04, 2000 |
Initial Order issued. |
Oct. 03, 2000 |
Final Agency Audit Report (letter form) filed.
|
Oct. 03, 2000 |
Request for Administrative Hearing (letter form) filed.
|
Oct. 03, 2000 |
Notice filed by the Agency.
|