Petitioner: VICTOR HOCHMAN
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: SUZANNE F. HOOD
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: May 02, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 19, 2001.
Latest Update: Dec. 25, 2024
om FILED
-. STATE OF FLORIDA a
AGENCY FOR HEALTH CARE apnanain ion Piy Z SEP [t, Q}
a4 AM
VICTOR HOCHMAN,
Petitioner,
vs. DOAH CASE NO. 01-1650 5 E HN CAO >
Audit No. CI-98-1168-000-27
Rendition No. AHCA-01- 219 _-S-MDO
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.
DONE AND ORDERED on this the wh day of Argos 7, 2001, in
Tallahassee, Florida.
Rhonda anf 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:
Victor Hochman, MD
19N Old Kings Road, C-101
Palm Coast, Florida 32137
Anthony Conticello, Esquire
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308-5403
Suzanne F. Hood
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
pe rere
coerce eC
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. [yay ot_gotemha-_., 2001.
Diane A. LAL Agency Clerk f
Agency for Health Care Administration
2727 Mahan Drive, Suite 3431
Fort Knox Building III, MS 3
Tallahassee, Florida 32308
850/922-5865
perenne
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
VICTOR HOCHMAN,
Petitioner, :
. DOAH CASE NO: 01-1650
v. JUDGE: Suzanne F. Hood.
provider no.: 054526100
AGENCY FOR HEALTH CARE audit no.: C.1. 98-1168-000-27/TBS
ADMINISTRATION,
Respondent.
/
SETTLEMENT AGREEMENT
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION
(“AHCA” or “the Agency”), and VICTOR HOCHMAN (“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.
2. PROVIDER isa Medicaid provider in the State of Florida.
3. In its Final Agency Audit Report issued on March 26, 2001 (the " Audit Letter")
AHCA notified PROVIDER that review of Medicaid claims performed by Medicaid Program
Integrity (ven 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 $104,398.67. In response to the
Audit Letter, PROVIDER filed a petition for a formal administrative hearing that was assigned
DOAH Case No. 01-1650. Subsequent to issuance of the Audit Letter, PROVIDER submitted
additional documentation and the parties met to discuss and resolve all outstanding issues. The
parties agreed that the amount of overpayment was $63,861.09.
seme oe
4, In order to resolve this matter without further administrative proceédings,
PROVIDER and AHCA expressly agree as follows:
Q)
(2)
(3)
4)
AHCA agrees to accept the payment set forth herein in settlement of the
overpayment issues arising from the MPI review.
PROVIDER agrees to pay to AHCA, on or before July 31, 2001, the sum
of fifty thousand dollars ($50,000.00) to be made in one lump sum
payment, and six (6) monthly payments of two-thousand three hundred-ten
dollars and eighteen cents ($2,310.18), as full and complete settlement of
all claims in the proceedings before the Division of Administrative
Hearings (DOAH Case No. 01-1650).
PROVIDER agrees that each of the monthly payments are due on the
twentieth (20) day of each month, beginning on August 20, 2001, until all
payments are made. Payments are due at AHCA by the twentieth of the
month. PROVIDER is responsible for ensuring timely delivery of
payments. Furthermore, failure to timely make any payment will render
the remaining outstanding amount due and payable immediately, with
interest, and interest will continue to accrue until the entire balance is paid.
AHCA reserves the right to seek enforcement of this agreement by any
legal means.
PROVIDER also agrees to participate in education courses regarding CPT
coding and Medicaid billing. PROVIDER, Dr. Victor Hochman, and his
primary billing employee shall attend and successfully complete a course
primarily designed to teach CPT coding and Medicaid billing.
6.
(5)
(6)
2)
PROVIDER agrees to provide written documentation of the successful
completion of the training to Kelly A. Bennett, Assistant General Counsel,
2727 Mahan Drive, Mail Stop #3, Tallahassee, Florida 32308.
PROVIDER may consult with AHCA’s Area 4, Medicaid Office
(Jacksonville) for recommendations regarding the required course.
PROVIDER and AHCA agree that full payment as set forth above and
successful completion of the training will resolve and settle this case
completely and release both parties from all liabilities arising from the
findings in the audit referenced as: C.I. 98-1168-000-27/TBS
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.
PROVIDER agrees that failure to make payment or attend training per the
terms of this agreement may result in the Agency pursuing all legal means
to enforce this agreement and may include a request for attorney fees and
all costs associated with the enforcement of this agreement.
Payment shall be made to:
AGENCY FOR HEALTHCARE ADMINISTRATION
Medicaid Accounts Receivable :
Post Office Box 13749
Tallahassee, Florida 32317-3749
And payment shall clearly indicate that it is per a settlement agreement, shall
reference the DOAH Case Number, and shall reference the C.I. Number.
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 .
© pare werser r---
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.
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 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 attorneys’ fees and costs, if any.
10.‘ The signatories to this Agreement, acting ina representative capacity, represent
that they are duly authorized to enter into this Agreement on behalf of the respective parties.
Furthermore, PROVIDER agrees that his signature alone binds him to make payments as set
forth in this agreement. The parties further agree that a facsimile or photocopy reproduction of
this agreement with PROVIDER’S signature shall be sufficient for the Agency to enforce the
agreement and to cancel the hearing in this matter.
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 attorneys’
fees and costs, shall be paid by the breaching party to the non-breaching party.
13. This Agreement constitutes the entire agreement between PROVIDER and the
AHCA, including anyone acting for, associated with or employed by them, concerning all
a ep a RRR EE
matters and supersedes any prior discussions, agreements or understandings; there are no
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.
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
tules 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 now or in the future available -
to it, including the right to any administrative proceeding, circuit or federal court action or any
appeal buses chu Whip aun tnen se haw na a ;
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.
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
shail not affect any other provision of this Agreement.
renee
eo map eipeepterer: met ogee:
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18. This Agreement sha inure to the benefit of and be binding on each party’s
SUCCESSOTS, assi ors, heirs, sinter, representatives and trustees.
19. “All times stated herein are of the essence of this Agreement. of
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20. . This Agreement stall be in full force and effect upon execution by the respective
parties in counterpart.
VICTOR HOCHMAN, M.D.
Dated: Ll UL > © L201
Petitioner/Provider
. t
AGENCY FOR HEALTH CARE
ADMINISTRATION |
2727 Mahan Drive, Mail Stop #3
. Tallahassee, FL 32308-5403
nelle oa LY
Inspector General
2001
Dated: [ ( , 2001
f
Dated: 27 Z —__, 2001 |
Docket for Case No: 01-001650
Issue Date |
Proceedings |
Sep. 18, 2001 |
Final Order filed.
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Jul. 19, 2001 |
Order Closing File issued. CASE CLOSED.
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Jul. 18, 2001 |
Settlement Agreement (filed via facsimile).
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Jul. 18, 2001 |
Motion to Cancel Hearing and Relinquish Jurisdiction (filed by Respondent via facsimile).
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Jul. 09, 2001 |
(Answers to) Respondent`s First Request for Admissions (filed via facsimile).
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Jun. 29, 2001 |
Order issued (Petitioner shall provided Respondent with answers to Respondent`s Request for Admissions by July 11, 2001).
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Jun. 28, 2001 |
Affidavit (of V. Hochman) filed via facsimile.
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Jun. 22, 2001 |
Letter to Judge Hood from Pablo Silverio, Depositions (filed via facsimile).
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Jun. 21, 2001 |
Order issued. (on or before June 28, 2001, petitioner shall file a sworn affidavit stating whether he intends to request that a qualified representative represent him in this matter)
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Jun. 21, 2001 |
Respondent`s Motion to Deem Facts Admitted (filed via facsimile).
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Jun. 20, 2001 |
Notice of Taking Deposition Duces Tecum (O. Hochman, V. Hochmen, D. Nicholas, and L. Scott) filed via facsimile.
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Jun. 19, 2001 |
Respondent`s Motion for and Order to Compel Clarification of Representation (filed via facsimile).
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Jun. 11, 2001 |
Order Granting Motion to Compel and Order Granting Continuance and Re-scheduling Hearing issued (hearing set for July 18, 2001; 10:30 a.m.; Tallahassee, FL).
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Jun. 11, 2001 |
Letter to Judge Hood from P. Silverio (regarding solution to resolve overpaying assessment) filed via facsimile.
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Jun. 07, 2001 |
Notice of Telephonic Hearing (set for June 8, 2001; 2:00 p.m.) filed via facsimile.
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Jun. 06, 2001 |
Respondent`s Motion for an Order to Compel Discovery Responses (filed via facsimile).
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Jun. 06, 2001 |
Respondent`s Witness and Exhibit List (filed via facsimile).
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May 14, 2001 |
Order of Pre-hearing Instructions issued.
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May 14, 2001 |
Notice of Hearing issued (hearing set for June 21, 2001; 10:00 a.m.; Tallahassee, FL).
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May 07, 2001 |
Initial Order issued.
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May 07, 2001 |
Respondent`s Response to Initial Order (filed via facsimile).
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May 04, 2001 |
Notice of Service of Interrogatories (filed via facsimile).
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May 04, 2001 |
Respondent`s First Request for Production of Documents (filed via facsimile).
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May 04, 2001 |
Respondent`s First Request for Admissions (filed via facsimile).
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May 03, 2001 |
Initial Order issued.
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May 02, 2001 |
Request for Informal Hearing filed.
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May 02, 2001 |
Final Agency Audit Report filed.
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May 02, 2001 |
Notice (of Agency referral) filed.
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