STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION SEP T& OF A AT CLERK | JOSE A. GONZALEZ, MD, ; y | } PuM-LWS Petitioner, te j vs. DOAH CASE NO. 00-4767 Be Lk Audit No. CI98-0177-000 222“ i : Rendition No. AHCA-01- 22 -S-NDO a ' BS AGENCY FOR HEALTH CARE ° ADMINISTRATION, Respondent. / FINAL ORDER THE PARTIES resolved all disputed issues and executed a settlement agreement which is attached and incorporated by reference. The parties are directed to comply with the terms of the attached settlement agreement. Based on the foregoing, this file is CLOSED. i DONE AND ORDERED on this the _/ hn of Pp 7, 2001, in | Tallahassee, Florida. Rhonda So Secretary . Agency for Health Care Administration pee werery owe copy ect er orp 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: Anthony C. Vitale, Esquire Anthony C. Vitale, P.A. 799 Brickell Plaza, Suite 700 Miami, Florida 33131 Anthony Conticello 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 Charlie Ginn, 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 Final Order has been furnished to the above-named persons or entities, by U.S. Mail or inter-office mail, on this. 14? day of , 2001. Diane A. Gribbs, Ei Clerk Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Fort Knox Building III, MS 3 Tallahassee, Florida 32308 850/922-5865 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS JOSE A. GONZALEZ, MD, Petitioner, vs. . CASE NO. 00-4767 Audit Report CI 98-0177-000 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. SETTLEMENT AGREEMENT STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA” or “the Agency”), and Jose A. Gonzalez (“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 litigation. 0614131-00. 3. In its Final Agency Audit Report dated October 4, 2000 (the "Audit Letter"), AHCA notified PROVIDER that review of Medicaid claims performed by Medicaid Program Integrity (MPD) indicated that, in its opinion, some claims in whole or in part were not covered by Medicaid. The Agency sought overpayment in the amount of $114,117.90. In response to the Audit Letter, PROVIDER filed a petition for a formal administrative hearing which was assigned DOAH Case No.: 00-4767. "2. PROVIDER is a Medicaid provider in the State of Florida, with the provider No. 4. 6. In order to resolve this matter without further administrative proceedings, (2) G3) (4) 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. Within thirty days of entry of the final order, PROVIDER agrees to pay to AHCA the sum of eighty thousand dollars and no cents ($80,000.00), to be made in one lump sum payment, as full and complete settlement of all claims in the proceedings before the Division of Administrative Hearings (DOAH Case No. 00-4767). 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 CI NO.: 98- 0177-000. PROVIDER agrees that it will not rebill the Medicaid Program in any manner for claims that were not covered by Medicaid, which are the subj ect of the audit in this case. Payment shall be made to: AGENCY FOR HEALTHCARE ADMINISTRATION Medicaid Accounts Receivable Post Office Box 13749 Tallahassee, Florida 32317-3749 PROVIDER agrees that failure to pay any monies due and owing under the terms of this Agreement shall constitute PROVIDER’S authorization for the Agency, without further notice, to withhold the total remaining amount due under the terms of this agreement from any monies due and owing to PROVIDER for any Medicaid claims. ve ogee ones t i I : + State of Flai party with respec ) this case or any ‘other matter. However, the parties believe that this matter should be settled because the parties have agred to the terms contained within this agreement. ow. Each party shall bear its own attorneys” fees and costs, if any. 10. e signatories to this is Agra nt, acting in a representative capacity, represent’ that they are duly authorized to enter intd ‘thi greement on behalf of the respective parties. ll. This Agreement shall be construed i in accordance with the provisions of the laws County, Florida. . of Florida. Venue for any action arising ‘fron this Agreement shall bein 1 Leon gnition that the ;asto facts ach Party compromising and settling any potential cor erst dings, information and contentions as to misunderst: isinformation shall be 8 ground for rescission heteo 15, DER expressly waives in this matter its right to any 1 sections 120.56) 20.57, Florida Statutes, the making of findings of fac st any Final Order entered s matter which is ment in any forum now or in the future available ceeding, circuit or federal court action or any co aeemgree ngeetmennmemege len VSS F/ 2001 AGENCY FOR HEALTH CARE . ADMINISTRATION" | : 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308-5403 Aufl. pate: 6 / Mf ,2001 Rufus Nob! Inspector General Peewee ~ Anthony L-Conticello Assistant General Co

Docket for Case No: 00-004767