Allin eB oe ni hae Melba “+. >> SPATE OF FLORIDA. DIVISION OF ADMINISTRATIVE HEARINGS Fi L FE D - L & R PROFESSIONAL, INC., Petitioner, vs. ns ' STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. CASE NO. 00- BE AUDIT NO. 99-0184-000/4 RENDITION NO.: FINAL ORDER ~ . THE PARTIES resolved all disputed issues and ‘executed a Settlement _ Agreement on = Holl parties are directed to ‘comply. with the terms of the attached settlement : agreement. Based on the foregoing, this file i is CLOSED. _ DONE and ORDERED on thle the wwe Lilhees of Tallahassee, | Florida. Rubén J. ng-Shaw, Jr., Secretary : Agency for Health Care Administration HEALTH C a “STRAIN Cir: y LLoRK a “CLERK ze Yt Cali za AHCA-01- ©Q\-s-mpo 2001, which is incorporated by reference. The + , 2001, in 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: ~L. William Porter, Esquire Agency for Health Care Administration (Interoffice Mail) “Anthony C. Vitale, Esquire _ 799 Brickell Plaza, Suite 700 Miami, Florida 3313 1 Effie Stephan, Medicaid Program Integrity Willie Bivens, Finance and Accounting DonH Ss CrRTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the above named addressees by U.S. Mail on this thesd2 day , 2001. R.S. Po fer, ... Agency Clerk . State of Florida “Agency for Health Care Administration » 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5865 squire RECGIVED: 2/ 7/01 2:34PM; ->ANTHONY C. VITALE. P.A.3; #944; PAGE 2 “VP FEB-@7-2881 14:30 AGENCY FOR HEALTH CARE AD 858 413 9313 P.@2 L&R PROFESSIONAL, INC. DOAH No. 00-4205 Provider No. 650068401 _G.L. No. 99-0184-000/4 SETTLEMENT AGREEMENT STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA” or “the Agency’ and Lar Professional, Inc. (PROVIDER"), by and through the undersigned, hereby stipulate and agree as follows: 1. This Agreement is entered into between the parties for the purpose of avoiding the costs and burdens of of litigation, and neither party concedes the other's position. a 2. PROVIDER is a Medicaid provider in the State of Florida. 3. In its final agency audit report dated July 28, 2000, AHCA notified administrative hearing which was assigned DOAH Case No. 00-4205. A “tn order. to resolve this matter without further “adrinistraive proceedings, - PROVIDER and the AHCA expressly agree as follows: (1) | AHCA agrees to accept the payment set forth herein in settlement of the overpayment issues arising from the MPI review. re RECELVED: 2/ 7/01 2:34PM; “.. FEB-@7-2001 14:38 (2) (3) (4) 5. Payment: shall be made to: AGENCY FOR HEALTHCARE ADMINISTRATION =>ANTHONY C. VITALE. P.A.; #944; PAGE 3 AGENCY FOR HEALTH CARE AD 859 413 9313 P.@3 Within thirty days of receipt of the final order, PROVIDER agrees to pay the sum of one hundred thirty-five thousand dollars ($135,000.00) in twelve (12) months in equal! installments in full and complete settlement of all claims in the proceedings before the Division of Administrative Hearings (DOAH Case No. 00-4063). . 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.l. 99-0184-000/4. 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. Medicaid Accounts Receivable - - Post Offi Box 13749 without further not to withhold the total remaining 1g amount due under the terms of this . agreement from any monies ea and owing to PROVIDER for any | Medicaid claims. ' . recetveo: as 7/01 2:34PM; ->ANTHONY GC. VITALE. P.A.3 #944; PAGE 4 FEB-@7-2001 14:30 AGENCY FOR HEALTH CARE AD 858 413 9313 P.@4 rae li i le and properly executed by the parties. 8. 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. 9. Each party shall bear its own attomeys’ fees and costs, if any. 10. The signatories to this Agreement, acting in a representative capacity, represent that they are duly authorized to enter into this Agreement on behaif of the -- - respective parties. . . . 11. 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. 12. In the event that a party breaches this Agreement, and d enforcement of this Agreement or recove of sale sh for | breach hereof is obtained by law of f by legal i ° se RECEIVED: 2/ 7/01 2:34PM; ->ANTHONY C. VITALE. P.A.; #944; PAGE 5 FEB-07-2001 14:31 AGENCY FOR HEALTH CARE AD 858 413 9313 P.@S 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 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 rules 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 n now or in the future available to it, including the ° right to any administrative proceeding circuit or federal court act | or any bie . 16. partes to preparing it, ane ; ; 17. 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. 18. This Agreement shall inure to the benefit of and be binding on each party's successors, , assigns, heirs, administrators, representatives and trustees. 1 9. A times stated herein are of thee essence of this Aareement A 4 SB ge ce a nnrremnccARLLRLT AScEIVED: 2/ 77/01 2iSSPM; ->ANTHONY Cc. VITALE. P.AL; #944; PAGE 6 FEB-Q7-2001 14:31 AGENCY FOR HEALTH CARE AD 858 413 9313 Pas 20. This Agreement shall be in full force and effect upon execution by the respective parties in counterpart. Lar PROFESSIONAL, INC, BY: RA Sed HAMMAR (Print name) ITS: ROOT _ FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Mail Stop #3 } Tallahassee, FL 32308-5403 ; | ee Dated: _ ah , 2001 : ufusMoble 5 t _ Inspector General prengpe eye L. Wiliam Porter I TATA A ae AGENCY FOR HEALTH CARE ADMINISTRATION AMORTIZATION SCHEDULE L&R Professional/Provider # 6500684-01/C. |. # 99-0184-000 LOAN DATA . Past Due Balance:|$135,000.00 Table starts at date: Annual int rate:!10.00% , or payment number: 1 Term in years:|1 Payments per year:|12 First payment due:|03/15/2001 : Entered payment: Calculated payment:|$1 1,868.64 : : Monthly Pmt Used: |$11,868.64 ; $135,000.00 Table ; Beginning Balance | interest | v» 135,000.00 1,125.00 10,743.64 124,256.36 1,125.00 | 11,86864 [| Sd 124,256.36 1,035.47 10,833.17 113,423.19 2,160.47, | 11,868.64 [sd 113,423.19 | 945.19 10,923.45 102,499.74 3,105.66 | 11,868.64 | SY 102,499.74 | 854.16 11,014.48 91,485.27 -3,959.83 [11,868.64 [CS 91,485.27 762.38 11,106.26 80,379.00 4,722.20 | 11,868.64 [| 80,379.00 | 669.83 11,198.81 69,180.19 5,392.03 __| 11,868.64 [~ "876.50 5: eh 482.40 © 04/15/2001 05/15/2004 06/15/2001 07/15/2001 08/15/2001 ~ 09/15/2001 . 10/15/2001 . 14/15/2001 [17,868.64 72/15/2001 ‘| - 11,868.64 01/15/2002 211,868.64 _ 02/15/2002 Ending Cumulative | Payment Date Balance Interest Amount ___ Paid es upme pirpmemee — crimrsentin es enue gees cee pe

Docket for Case No: 00-004205