Petitioner: RICHARD L. STERN
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: PATRICIA M. HART
Agency: Agency for Health Care Administration
Locations: Fort Lauderdale, Florida
Filed: Feb. 02, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 29, 2001.
Latest Update: Oct. 05, 2024
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my] Agreement o on
"parties are directed to comply with ‘the terms of the attached settlement
agreement Based « on a the foregoing, this file s CLOSED.
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
“RICHARD L'smeaN? Oe
Petitioner,
vs. DOAH CASE NO. 01-0813 "7802" ee
AUDIT CI NO. 94-0982-376-2
Rendition No. AHCA-01-168-S-MDO
STATE OF FLORIDA, cea ae
AGENCY FOR HEALTH CARE . Ss
ADMINISTRATION, bo kT
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~ Respondent. PET ioe
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THE PARTIES resolved « all “disputed issues and executed 2 a Settlement
, 2001, which i is s incorporated by. reference. “The
DONE and ORDERED on this the ZY “2 hey of Jane 2 2001, in
allahassee, Florida. .
ranker, Acting 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:
RL. Stern, MD
Radiology Imaging Associates
2306 Nebraska Avenue _ :
Fort Pierce, Florida 34950
_ Anthony Conticello, 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
Charlie Ginn, Chief
Medicaid Program Integrity
Agency for Health Care Administration _
“2727 Mahan Drive, Mail Stop #6 =
Tallahassee, Florida 32308
“Finan
CERTIFICATE OF SERVICE
] 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 = , day of
2001.
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
RICHARD L. STERN,
Petitioner,
vs. Case No.: . 01-0513
; 069355300
AGENCY FOR HEALTH CARE
ADMINISTRATION,
_ Respondent.” ~ ;
a vate tp /
SETTLEMENT AGREEMENT
— i.
_ STATE OF FLORIDA, AGENCY F oR HEALTH CARE ADMINISTRATION
CARICA or “the Age cy”), and RICHARD L. STERN (PROVIDER”) , bya and through th the.
. undersigned, hereby stipulate and agree as follows: :
JA. This Agreement i is s entered. into between the Parties f for tt the 3e Purpose of avoiding the
costs sand burdens of litigation
4. In order to resolve this matter without further administrative 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.
(2) Starting thirty (30) days from the entry of a final order, PROVIDER oe
agrees to pay to AHCA the sum of SIX THOUSAND ONE “HUNDRED -
notice, to withhold # the total re remaining amount due under the terms of this agreement from any
wesinpsase nue Sgiene
monies due and owing to PROVIDER for any Medicaid claims.
7. 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.
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 parti b Li
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, vif any.
(ee ee EA:
i 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 ofi its understandings, information and contentions as to facts a and law, so that no
misunderstanding or misinformation shall be a a ground fort. Tescission a hereof.
Loy ha Ee a 15. . PROVIDER expressly waives in this matter its right to any hearing pursuant t
sections 120 569 or 120. 57, Florida Statutes, ‘the making of findings of fact and conclusions of
RICHARD L. STERN
Se
. Inspector General
PAE ae
- Assistant, General Counsel ?
ae
Docket for Case No: 01-000513
Issue Date |
Proceedings |
Jul. 05, 2001 |
Final Order filed.
|
Mar. 29, 2001 |
Order Closing File issued. CASE CLOSED.
|
Mar. 27, 2001 |
Notice of Settlement (filed by A. Conticello via facsimile).
|
Feb. 16, 2001 |
Order of Pre-hearing Instructions issued.
|
Feb. 16, 2001 |
Notice of Hearing issued (hearing set for April 12, 2001; 9:00 a.m.; Fort Lauderdale, FL).
|
Feb. 15, 2001 |
Joint Response to Initial Order (filed via facsimile).
|
Feb. 13, 2001 |
Response to Initial Order (filed by Richard Stern via facsimile).
|
Feb. 05, 2001 |
Initial Order issued.
|
Feb. 02, 2001 |
Request for Informal Hearing filed.
|
Feb. 02, 2001 |
Final Agency Audit Report filed.
|
Feb. 02, 2001 |
Notice (of Agency referral) filed.
|