AGENCY FOR HEAL whieh is is attached ‘and incorporated by reference. The parties a are directed to > comply with | Tatanases Florida FILED - .. STATE OF FLORIDA app 19 a AGENCY FOR HEALTH CARE ADMINISTRATION THE PEDIATRIC CENTER, Petitioner, vs. woes I -99-0957-000, SS SEs Rendition No. AHCA-O1 ee 00 ADMINISTRATION, Respondent. / _HINAL ORDER : THE PARTIES resolved all isputed i issues and execitted a settlement agreement Agency for Health Care Administration Laopoeh) Mo : i Ruben J King-Shaw, Jr., Secretary 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 APPELLATE, HEADQUARTERS 30 DAYS OF RENDITION OF THE ORDER TO. BE REVIEWED. Copies Furnished to: Anthony C. Vitale, Esquire Anthony C. Vitale, PA 799 Brickell Plaza, Suite 700 Miami, Florida 33131. Karen Var, Esquire Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 Patricia H. Malono ‘Administrative Law Judge ‘ _ Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Medicaid Program Integrity - Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #6 | Tallahassee, Florida 32308 Finance & Accounting San 10 or a avn CERTIFICATE OF SERVICE I HEREBY CERTIFY that 2 a true and ¢ correct t copy of the foregoing has been furnished to the above named addresses by U.S. Mail on this the man day of .S. Power, Esquire Agency Clerk: ves Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 (850) 922-5865 (a ‘y . i £ tp hoy i" . STATE OF FLORIDA “) “9 OD DIVISION OF ADMINISTRATIVE HEARINGS Oy on “y CA, “Ke 4 oy | tif THE PEDIATRIC CENTER, OS Lae Petitioner, ; vs. Case No. 00-4207 - Provider No. 378772900 C.I. No. 99-0957-000..... ..... AGENCY FOR HEALTH CARE _ ADMINISTRATION, Respondent. / SETTLEMENT AGREEMENT STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION ("AHCA" or "the Agency"), and THE PEDIATRIC CENTER, 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 is a Medicaid provider in the State of Florida. 3. By letter dated July 19, 2000, AHCA notified the PROVIDER that a Preliminary Agency Audit of Medicaid billings indicated an overpayment from the Medicaid Program in the amount of $45,873.46 for the period August 1, 1997 through August 17, 1999. 4. In order to resolve this matter without further administrative proceedings, the PROVIDER and AHCA expressly agree as follows: a.) AHCA agrees to accept the payment set forth herein in full and complete Page 1 of 6 vat la ok settlement of the overpayment issues uncovered by the above-referenced audit, and agrees, not to impose any fines: or Penalties: arising from Medicaid billings f for the Se period August 1, 1997 through August 17, 1999, b.) ARCA agrees not to terminate the PROVIDER from. the Medicaid program for the overpayments uncovered by the audit so long as PROVIDER complies with this Agreement, and continues to comply with Florida Statutes, tules, regulations ¢ and policies that pertain to the Medicaid program. a c.) ~ PROVIDER a agrees to . pay the “Agency thirty thousand dollars ($30, 000.00) plus ten percent interest, in twenty monthly installments of _ $1,640.73 due on the first day of each month beginning February 1, 2001 - and continuing until payment in full. An amortization schedule is attached hereto and incorporated herein by reference. 5. . Payment shall be made to: AGENCY FOR HEALTH CARE ADMINISTRATION Medicaid Accounts Receivable Post Office Box 13749 Tallahassee, Florida 31317-3749 6. Upon full payment to the Agency of the amount provided in paragraph four @, the Agency hereby agrees to release the Provider from any and all liability arising from the - findings in the audit of Medicaid billings for the period of August 1, 1997 through August 17, 1999 (C.I. No. 99-0957-000) as set forth in the Agency's preliminary audit letter dated July 19, 2000, incorporated herein by reference. | 7. In the event that PROVIDER fails to make any payment due hereunder, the Agency may, at its option and upon fifteen days written notice to PROVIDER, deem ~ Page 2 of 6 ene tld oe oo eS costs Ap eierentagetoe as anton cers ean ecw ene receipt of the notice, PROVIDER shall be in default and the full outstanding balance specified in paragraph 4 (c) shall be due and payable. PROVIDER’S participation in the Medicaid program shall be suspended until such time as the Agency receives payment of the balance i in full. Nothing in this Agreement shall be construed to limit i in any way the ability of the AGENCY to teminate PROVIDER pursuant to Section 409. 90702), ‘ES. (1999). Notwithstanding the pap shereeicemevity foregoing, the AGENCY agrees not to terminate PROVIDER based on findings in the instant audit so long as PROVIDER complies with this Agreement. However, if PROVIDER fails to cure its default hereunder within ten (10) days of written notice, PROVIDER understands and agrees that the Agency may exercise its option to terminate PROVIDER from the Medicaid program. 8. 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. 9. Each party to the Agreement shall bear its own attorneys fees and costs, if any. 10. The signatories to this agreement acknowledge that they are duly authorized to enter into this Agreement on behalf 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 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 3 of 6 13. 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 i 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. oa 14. This is an Agreement of settlement and compromise, made in recognition that the patties 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 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 by the audit of Medicaid billing for the period of August 1, 1997 through August 17, 1999 (C.I. #99-0957-000). 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. . 16. 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. Page 4 of 6 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. 19. All times stated herein are the essence of this Agreement, 20. This Agreement shall be in full force and effect upon execution by the respective parties in counterpart. Page 5 of 6 4 4 { 4 4 ; i [ ras ; SENT BY: ANTHONY C. VITALE. PA; 305 358 5113; DEC-18-00 12:14PM; oe sealer Dated: /2/13 _» 2000 The Pediatric Center py: SUSAN M.S shes shin , bo irs: Vice Presi be re FLORIDA AGENCY FO! HEALTH CARE ADMINISTRATION ap) sped aes ee 2728 Mahan Drive, Ft. Knox Bldg. #3 EDS ald Tallahassee, FL 32308-5403 r Lf wid Dated: 4; 6 ows! , 2000 Rufus Noble ar: ; Inspector General Dated: 2 2% 0, = 2000- Dated:: 2000 Heidi Hughes Assistant General Counse’ Page 6 of 6 PAGE 7/8

Docket for Case No: 00-004207