STATE OF FLORIDA re DIVISION OF ADMINISTRATIVE HEARINGS NOE . AH CAN DESARTMENT of, ANN STORK CENTER, INC., Petitioner, v. DOAH Case No. 01-3808 REM oval Judge Robert E. Meale Audit no. Provider no. 0285218-00 RENDITION NO.: AHCA-02- -S- AGENCY FOR HEALTH CARE carO S-MDR : ADMINISTRATION, . j Respondent. / FINAL ORDER THE PARTIES resolved all disputed issues and executed a settlement agreement, which ; is attached and incorporated by reference. The parties are direct to comply with the terms of the attached settlement agreement. Based on the foregoing, this file is CLOSED. DONE AND ORDERED on this the 7 day of dhe Aaya , 2001, in Tallahassee, Florida. CEOS re Mm re ae EO cpr = te + Ste aa ee Rhonda M. Medows, MD, 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 SECONDCOPY 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. ~ SRO Re Em RE Se ee TORS MET Rc err Copies furnished to: Kelly A. Bennett, Esquire Agency for Health Care Administration (Interoffice Mail) Steven M. Weinger, Esquire Kurzban, Kurzban, Weinger & Tetzeli, PA 2650 Southwest 27" Avenue Miami, FL 33133 Robert E. Meale Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Bob Sharpe Medicaid Director Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #8 Tallahassee, FL 32308 Finance & Accounting CERTIFICATE OF SERVICE I 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 2 day of as 2001. gies dai te ' Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 (850) 922-5865 woe eee ema! I TE Fe REET RT RR oo oe remy the Z STATE OF FLORIDA A DIVISION OF ADMINISTRATIVE HEARINGS’2 EB log . ~ Alf Sr, 4 Oye ° ia ANN STORK: CENTER, INC., : 7 Petitioner, v. DOAH Case No. 01-3808 Judge Robert E. Meale Provider no. 0285218-00 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / SETTLEMENT AGREEMENT This settlement agreement (“Agreement”) is entered into by and between the Agency for Health Care Administration (‘AHCA”), and ANN STORCK CENTER, INC. (“Petitioner”): 1. This matter arises out of AHCA’s review of Petitioner’s Interim Rate Request and determination by AHCA denying the request. On August 1, 2001, AHCA denied the Interim Rate Request dated May 23, 2001, (which was received on May 29, 2001). Petitioner filed a petition challenging AHCA’s determination. 2. The parties agree that, based upon the circumstances and facts regarding the ten (10) residents of Petitioner’s facility whose level of care was changed by the Department of Children and Families on or about May 5, 2001, AHCA will restore the recipients to a Level of Care 8 and will begin processing all further payments to Petitioner for these recipients at the rate for a Level of Care 8. | 3. As such, Petitioner’s interim rate request and petition is moot. topper ee TTR RE Re SW me RR I Re ea a Settlement Agreement DOAH Case No. 01-3808 Page 2 of 3 4. Upon complete execution of this Agreement by Petitioner, this Agreement constitutes Petitioner’s dismissal of the petition and authorizes AHCA to file a Motion to Relinquish Jurisdiction with the Division of Administrative Hearings. 5. AHCA further agrees that immediately upon receipt of an Order from the Division of Administrative Hearings that relinquishes jurisdiction to AHCA, the Agreement and a Final Order will be processed. 6. AHCA further agrees to reimburse Petitioner for the difference in rate (between level 7 and level 8) for the 10 subject recipients for the period of time beginning when the payments were reduced to a Level of Care 7 up to the date in which the level of care is restored to an 8. This retroactive payment will be made within fifteen (15) days from the date this Agreement is adopted by Final Order. 7. The parties will bear their own fees and costs associated with these proceedings. 8. Petitioner, for itself and for its attorneys, heirs, executors or administrators, 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 and AHCA’s actions herein, including but not limited to, any claims that were or may be asserted in any federal or state court or administrative forum, including any claims arising out of this agreement, by or on behalf of Petitioner. ren er > lllneaae cee an at ae PRI TCAR REI CARRE SOO SE EOE RR pr RR TERRE MT BT re S NOV-21-01° 12:48 FROM-Kurzban & Kurzhan 7-255 = P.006/006 ~= F029 Settlement Agreem DOAH Case No. 01-3808 Page 3 of 3 9. Notwithstanding the foregoing paragraph, either party may seek enforcement of this agreement by any legal means. STIPULATED AND AGREED For Petitioners Kurzban, Kurzb einger & Tetzeli, P.A. 2650 Southwest 27° Avenue Miami, Florida 33133 For Respondent Date: Me [or <7 Bob Sharpe William Reberts Acting General Counsel Deputy Secretary for Medicaid Agency for Health Care Administration Agency for Health Care Administration 2727 Mahan Drive, Building #3 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308 Tallahassee, Florida 32308 Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308 TT 8 Te aie aie oh aa Tere ores i OO ee ee

Docket for Case No: 01-003808