STATE OF FLORIDA . AGENCY FOR HEALTH CARE ADMINISTRATION ° BAYSHORE HEALTHCARE SERVICES, INC., d/b/a BAYSHORE CONVALESCENT CENTER, . Petitioner, fl etl Lek vs. DOAH CASE NO. 074206 4 Rendition no. AHCA-01-068~S-MDA STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. FINAL ORDER This cause came before me for the purpose of issuing a final agency order, it appearing from the Settlement Stipulation, attached and incorporated herein, that there are no remaining disputed issues of fact. EINDINGS OF FACT 1. On of Peles j Settlement Stipulation between the parties was executed which dismissed the Petitioners case against the Agency. Final Hearing before the Division of Administrative Hearings is scheduled for March 19, 2001. ” 2, There are no remaining disputed issues of fact or law. CONCLUSIONS OF LAW The Agency has jurisdiction over the parties and subject matter pursuant to Section 120.57, Fla. Stat. (2000). The parties are directed to comply with the terms of the _\ Z'd = 056 —sTO, ZT JEW STS6-£TV-OS8: X24 —TESNNOL BRINIG -qigg ojowoy eles Eby OS8 suepueg 6L :seBeg WY 05:6 SOUL Lo/zLie :e7eq io (pepeesong jueng) }UeAg penlesoy Stipulation, Settlement and Dismissal. The petition is dismissed and the file is closed this 9 Zh day “in _ Ruben J. 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, 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: John G. Van Laningham Mary Stewart Administrative Law Judge Audit Services DOAH AHCA, Bldg. #3 1230 Apalachee Parkway 2727 Mahan Drive Tallahassee, FL 32399-3060 Tallahassee, FL 32308 Steven Grigas, Esquire AHCA, Bldg. #3 2727 Mahan Drive Tallahassee, FL 32308 J. Robert Griffin, Esquire 1435 East Piedmont Drive Suite 210 Tallahassee, FL 32312 2 $0'd 056 =O, ZT RW S1S6-LTP-0S8: X24 — TSN MAYEYBHY -qigo ejowey SlLe6 Ely OSE epues 6L :sebeg WY 05:6 SOUL LO/eL/e :93eq (pepaedons juaAy) JUSAW pealooey CERTIFICATE OF SERVICE .. | 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 the 9 ay a a 2001, R.S. Power, Esquire Agency Clerk State of Florida 3 . 0S:6 = TO. @T YEW ET26-ETP-OG8: x4 TSNNOG LEBIGZIOSOHY :qign ajowey ELeé Ebb OSE wapuag 6L :seBed Wi 09:6 OUI LO/ZL/e 9yeq (papeecons jUeAg) JUSAQ peAiadey STATE OF FLORIDA DIV ISION OF ADMINISTRATIVE HEARINGS BAYSHORE HEALTHCARE SERVICES, INC., d/b/a BAYSHORE CONVALESCENT CENTER, Petitioner, DOAH Case No290-42067 Eng. No. NH 98-072M Provider No. 210668 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. SETTLEMENT STIPULATION This Agreement is entered into by and between Petitioner, BAYSHORE HEALTHCARE SERVICES, INC., d/b/a Bayshore: Convalescent Center (hereinafter “Bayshore”), and Respondent, STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, (hereinafter “the Agency” or “AHCA”). WHEREAS, Bayshore is a nursing home facility licensed pursuant to Chapter 400, Part I, Florida Statutes. and AHCA is the State agency primarily responsible for administration of the Florida Medicaid Program administered pursuant to applicable State and Federal statutes, rules, and regulations, and as such has regulatory jurisdiction tegarding Bayshore, and Bayshore is a Medicaid provider within the meaning of applicable statutes and rules; WHEREAS, as required by applicable statutes and rules, Bayshore timely filed its Medicaid Cost Report for the year ended October 31, 1996. Subsequently, the Agency, through its contractor KPMG Peat Marwick, LLP (hereinafter “Contractor”), caused to be S0'd 1S:6 = TO, ZT JW STS6-S1P-0S8:XP4 — TASNNOQ RBNFIDYBHY :qigo eyowey ELE6 Eby 0S8 1epuag 6L :seBeg Ww 0S'6 vOut. Lozue :e7eq (pepessong jUueAg) yUEAA poAroooy performed an independent audit of Bayshore’s Medicaid Cost Report. On or about June - 15, 1998 the Contractor issued an Independent Auditor’s Report which provided in pertinent part: [A]ttachment A to this report includes a schedule of adjustments which, in our opinion, should be recorded in order for the data, as reported, in the accompanying schedules for the year ended October 31, 1996, to be presented in conformity with federal and state Medicaid reimbursement principles as described in Note 1... WHEREAS, on or about May 17, 1999, AHCA transmitted to Bayshore a letter and copy of the Independent Auditor’s Report. The letter provided a point of entry to challenge the Contractor’s and the Agency’s adjustments. Bayshore filed a Petition for Formal Administrative Hearing, challenging such adjustments, That case was referred to the Division of Administrative Heatings and was designated as DOAH Case No. 00- 4206. That case is currently pending before the Division of Administrative Hearings. NOW THEREFORE, Petitioner, BAYSHORE HEALTHCARE SERVICES, INC., d/b/a Bayshore Convalescent Center and Respondent, STATE OF FLORIDA, AGENCY FOR HEALTHCARE ADMINISTRATION, by and through undersigned counsel, for good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged by each party, and in consideration of the mutual covenants and promises set forth herein, hereby stipulate and agree as follows: - 1. To avoid further litigation of the issues raised by the present matter, the Parties have reached an agreement to settle this controversy and the Parties are resolving their differences on this date. 2. Based upon information and documentation provided by Bayshore, which information and documentation provides sufficient support for certain 2 90'd 16:6 10, ZT ew STS6-STP-OS8:XC4 —TESNNODRMBNFUHEHY -qigo sjowey Ele6 Ely 08