Ce atte FILED STATE OF FLORIDA JAN 31 02 DIVISION OF ADMINISTRATIVE HEARINGS ca PHILIP SHARP, M.D., Petitioner, v. Case No. 01-3606 Ho osecl C.I. 01-0937-000 : RENDITION NO.: AHCA-02-(¥ -S-MDO AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. : STEVEN STOKES, M.D., . Petitioner, v. Case No. 01-3610 C.I. 01-0935-000 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. PAUL W. ADAMS, M.D., ' Petitioner, E v. Case No. 01-3611 I oo C.1I. 01-0938-000 4 AGENCY FOR HEALTH CARE ' ADMINISTRATION, _ t Respondent. i E ; i FINAL ORDER THE PARTIES resolved all disputed issues and executed a Settlen gr ¢ Leahraeg UU on Decen , 2001, which is incorporated by reference. The parties are comply with the terms of the attached settlement agreement. Based on the foregoing, this file is CLOSED. -. DONE and ORDERED on this the _/ th day of J aad 2002-in Tallahassee, Florida. Rhofda M] Medows, MD., Secretary ealth 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: Anthony Conticello, Esquire Agency for Health Care Administration MS#3 2727 Mahan Drive Tallahassee, FL. 32308 (interoffice Mail) RRR TNE 2: i oe Peter Lewis, Esquire 307 West Park Ave Po Box 1017 Tallahassee, FL. 32301-1017 Charles G. Ginn, Chief, Medicaid Program Integrity Julie Canfield-Buddin, Medical/Health Care Program Analyst, Willie Bivens, Finance and Accounting CERTIFICATE OF SERVICE I 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 S/ day ee > oe 200f. oles. Agency Clerk State of Florida Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5865 j STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS PHILIP SHARP, M.D., Petitioner, v. Case No. 01-3606 C.I. No. 01-0937-000 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. es STEVEN STOKES, M.D., Petitioner, y. _ Case No. 01-3610 CI. No. 01-0935-000 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. PAUL W. ADAMS, M.D., Petitioner, y. Case No. 01-3611 C.I. No. 01-0938-000 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. SETTLEMENT AGREEMENT FOR CONSOLIDATED CASES | HEALTH CARE ADMI ISTRATION STATE OF FLORIDA, AGE (®AHCA” or “the Agency”), Philip Sharp, MD (*Sharp”), Steven Stokes, MD (“Stokes”), and NM al ae a) Se at aa =e eco oT Se OT EE COREE TR PEE BEE OT POR ee a Paul W. Adams, MD (“Adams’ ", (collectively referred to as “PROVIDERS”), 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 PROVIDERS are a Medicaid provider in the State of Florida. 3. . The Agency issued PROVIDERS their own Final Agency Audit Report issued on July 24, 2001 (the "Audit Letters"). AHCA notified PROVIDERS that review of Medicaid ‘claims performed by Medicaid Program Integrity (MPI) 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 $67,282.07 in total of all three (3) Audits ($4,202.42 from Sharp; $32,995.15 from (1) 2) ‘Stokes; and $30,084.50 from Adams). In response to the Audit Letters, PROVIDERS each ‘pespectively filed petitions for a formal administrative hearing that were assigned DOAH Case | No. 01-3606, 01-3610, and 01-3611. Upon motion by PROVIDERS’ Counsel all three matters were consolidated into one case. 4. In order to resolve this matter without further administrative proceedings, PROVIDERS and AHCA expressly & agree as follows: ABCA agrees to oct the payment set forth herein in settlement of the overpayment issues arising from the MPI review. PROVIDER a agrees to Pay to AHCA $63, 000. 00, in two equal : settlement a payments. The first aye t it shall be due on nor 2001, and the second p payment shall be due on or before Febmary 15, 2002. Each payment shall be in the amount of Tages thousand, five hundred dollars ($31,500.00). a ome oR per Sgr corer mecca cre EE LE AY SR EOE RR TE ARETE RRA PSE ery (3) @) 6) The entire settlement proceeds shall be applied as follows: (a) $3,800.00 as full settlement for Sharp - DOAH Case No 01-3606, C.L. Nos. 01-0937- 000; (b) $30,000.00 as full settlement for Stokes - DOAH Case No O1- 3610, C.L. No. 01-0935-000; and (c) $29,200.00 as full settlement for Adams - DOAH Case No 01-3611, C.I. No. 01-0938-000. PROVIDERS shall be responsible for ensuring timely delivery of all payments. Furthermore, failure to timely make the payments as set forth in this Agreement will render the balance 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. PROVIDERS and AHCA agree that full payment as set forth above will resolve and settle these consolidated cases completely and PROVIDERS shall release AHCA from all liabilities arising from the findings in the audit referenced as: C.I. Nos. 01-0937-000, 01-0935-000, and 01-0938- 000. PROVIDERS agrees that it will not rebil! the Medicaid Program in any manner for claims that were not covered by Medicaid, which are the subject 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 LoS) + rR A le eh se ad dee And payment shall clearly indicate that it is per a settlement agreement, shall reference the DOAH Case Numbers, and shall reference the C.J. Numbers. ° 6. PROVIDERS agrees that failure to pay any monies due and owing under the terms of this Agreement shall constitute PROVIDERS 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 PROVIDERS 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. The parties agree to bear their own attorney’s fees and costs, if any. 9. The signatories to this Agreement, acting in a representative capacity, represent ; that they are duly authorized to enter into this Agreement on behalf of the respective parties. Furthermore, PROVIDERS agrees that its signature alone binds PROVIDERS to make the’ payment as set forth in this agreement. The parties further agree that a facsimile or photocopy reproduction of this agreement with PROVIDERS’ signature shall be sufficient for the Agency to enforce the agreement and to cancel the hearing in this matter. 10. 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. lt. This Agreement constitutes the entire agreement betw een , PROVIDERS and the AHCA, including anyone acting for, associated with or or employed by them, concerning all matters and supersedes any prior discussions, agreements or understandings here 2% are no promises, representations or agreements between PROVIDERS and the AHCA other than as set rer FORTEC OO Ce Ree err emer nmr omer 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. 12 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 incorectness of its understandings, information and contentions as to facts and law, so that no misunderstanding or misinformation shall be a ground for rescission hereof. 13. PROVIDERS 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 Agenty, 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 herein. PROVIDERS further agrees that the Agency should issue a Final Order which is consistent with the terms of this settlement, that adopts this agreement and closes this matter. 14. Provider, does hereby discharge the State of Florida, Agency for Health Care Administration, and its agents, representatives, and attorneys of and from all claims, demands, actions, causes of action, suits, damages, losses and expenses, of any and every nature whatsoever, arising out of or in any way related to this matter DOAH Case Nos. 01-3606, O1- 3610, and 01 -3611, CL. No. 01-0937-000, C.I. No. 01 0935 -000, and Cl. ‘No. 01- 0938- 000, ‘and AHCA’s actions herein, including b limited to, ‘any claims that were or may be asserted in , inclu any federal or state court or adi ding a any claims arising out of ihis agreement, by or on behalf of Facility. 15. 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. nN RT TE TE See ee, cr epee mm SRT EE LET PRE LT eR" PP EE ERT eT 16. To the extent that any provision of this Agreement is prohibited by law for any oe reason, such provision shall be effective to the extent not so prohibited, and such prohibition shall not affect any other provision of this Agreement. 17. This Agreement shall inure to the benefit of and be binding on each party’s successors, assigns, heirs, administrators, representatives and trustees. 18. All times stated herein are of the essence of this Agreement. 19. This Agreement shall be in full force and effect upon execution by the respective parties in counterpart. PROVIDERS: =< PHILIP SHARR, STEVEN STOKES, M.D., CR ML PAUL W. ADAMS, M.D., PETER LEWIS, ESQ. Attorney for Petitioner Dated: xf 2 f ©{ 2001 Dated: | 2 7/0 [ , 2001 Dated: alae 2001 Dated:_/2 Lae Le 2.2001 ih ili le F A ili i ll, i a ii. il... lille. i BR ERS ASE ‘Mii ki i. AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308-5403 lbh RUFUS NOBLE Inspector General BAMHI LA WILLIAM ROBERTS Acting General Counsel CHARLES GINN . Chief Medical Program Integrity ANTHONY L. CONTICELLO, ESQ. Assistant General Counsel Dated: J 7 ,200_2 f Dated: file , 200 2_- “N Dated: S Ne > 2008 ,200/ ee tea a al cr ee ee emer ers cero eT or" eyes adi settled

Docket for Case No: 01-003611