STATE OF FLORIDA AGENCY FOR HEATH CARE ADMINISTRATION '1' CITRUS HEALTH NETWORK, INC., Petitioner, CA 7 a vs. DOAH CASE NOS. 01-4053 =2 PROVIDER NO. 060304000 ~ AUDIT NO. C. I. 01-0550-02% AGENCY FOR HEALTH CARE RENDITION NO.: AHCA- ~02- -0028~-S-MDO ADMINISTRATION, Respondent. / FINAL ORDER ' THE PARTIES resolved all disputed issues and executed a “settlement agreement”, which is incorporated by reference. The parties are directed to comply with the terms of the “settlement agreement”. Based on the foregoing, this proceeding is CLOSED. DONE and ORDERED on this the ¢ KR day of Fabrtee , 2002, in Tallahassee, Florida. a Rhondaj/M. Medows, M.D., Secretary Agency for Health Care Administration cree omens SPUR Ter cr corm repr eT eee erp Se dd 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: Rosa E. Scavo, Esquire 4175 West 20° avenue Hialeah, FL 33012-5875 Kelly Bennett, Esquire Attorney for Agency AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive Fort Knox Building 3, Mail Stop 3 Tallahassee, Florida 32308 Claude B. Arrington Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Willie Bivens, Finance and Accounting i al a a omen 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 _/a- day of Sheu “2002. Marre Agen Clerk State of Florida Agency for Health Care Administration 2727 Mahan Drive, Building #3, Mail Stop 3 Tallahassee, Florida 32308-5403 wre pers ort STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS CITRUS HEALTH NETWORK, INC., Petitioner, DOAH CASE NO: 01-4053 vO ; JUDGE: Claude B. Arrington provider no.: 060304000 audit no.: CI. 01-0550-021 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 Citrus Health Network, Inc.. (“Petitioner”): 1. This matter arises out of AHCA’s review of Petitioner’s paid claims to Medicaid for the period of time between July 1, 1999 and October 31, 2000. On August 23, 2001, AHCA issued a Final Agency Action Letter (FAAL) that determined Petitioner had been overpaid by Medicaid in the amount of $13,611.54. 2. Petitioner filed a petition challenging AHCA’s determination and requesting a formal administrative hearing. 3. As a part of trial preparation, the parties have engaged in extensive document review and discovery. Based upon said review, the adjusted overpayment is $11,929.30. 4. In order to resolve this matter without further administrative proceedings, Petitioner agrees to pay the adjusted overpayment amount of $11,929.30. 2 er ee REE AER = = cpr creme Te ee eee i Settlement Agreement DOAH Case No. 01-4053 Page 2 of 5 5. AHCA agrees to accept $11,929.30, in the manner set forth herein in settlement of the overpayment issues arising from the MPI review. 6. Petitioner agrees to pay to AHCA, on or before January 25, 2002, the sum of eleven thousand nine hundred twenty-nine dollars and thirty cents ($1 1,929.30) 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. 01-4053). 7. Petitioner is responsible for ensuring timely delivery of the payment. Furthermore, failure to timely make the payment 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. Petitioner agrees that failure to make payment 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. In the event Petitioner 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 Petitioner to AHCA. 8. Petitioner 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: C.I. 00-0550-021. The parties, for themselves and their attorneys, heirs, executors or administrators, do hereby discharge one another, including one another's 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 one another's actions herein, including but not limited to, any claims ee rover CCEA TT RR Fm aR ed. ae ee Soper oe TRE OT err Settlement Agreement DOAH Case No. 01-4053 Page 3 of 5 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 themselves. 9. Petitioner 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. 10. Payment shall be made payable to: AGENCY FOR HEALTHCARE ADMINISTRATION Medicaid Accounts Receivable Post Office Box 13749 Tallahassee, Florida 323 17-3749 Payment shall clearly indicate that it is per a settlement agreement, shall reference the DOAH Case Number, and shall reference the C.I. Number. HOWEVER, payment shall be . delivered to Kelly A. Bennett, Assistant General Counsel, to ensure timely cancellation of the hearing in this matter. 11. | Upon complete execution of this Agreement by Petitioner, and partial execution by AHCA (minimally, execution by counsel for AHCA), 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. © . 12. 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. 13. Except as expressly set forth in this agreement, the parties will bear their own fees and costs associated with these proceedings. 14. 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, Petitioner agrees that his signature alone binds him to make the payment as set forth in this agreement. The parties further agree that a facsimile or photocopy reproduction of this i I A Settlement Agreement DOAH Case No. 01-4053 1 Page 4 of 5 agreement with Petitioner’s signature alone shall be sufficient for the Agency to enforce the agréement and to cancel the hearing in this matter. 15. 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. 16. "This Agreement constitutes the « entire agreement between Petitioner and AHCA, including anyone acting for, associated with or employed by them, concerning all matters and supersedes any prior discussions, agreements or understandings; there are no promises, representations or agreements between Petitioner 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. 17. Petitioner 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 rules of the Agency regarding this proceeding and any and all issues raised herein. Petitioner further agrees SOF RRR FR RR RE EERE” SRF RR 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. However, if for any reason AHCA does not adopt this agreement, Petitioner reserves the right to re-open this matter with the Division of TPR mT oe ere Administrative Hearings. 18. This Agreement is and shall be deemed jointly drafted and written by all patties to it and shall not be construed or interpreted against the party originating or preparing it. 19. 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 shall not affect any other provision of this Agreement. | | } Settlement Agreement DOAH Case No. 01-4053 Page 5 of 5 20. This Agreement shall inure to the benefit of and be binding on each party’s successors, assigns, heirs, administrators, representatives and trustees. CITRUS HEALTH NETWORK, INC. 4175 W. 20 Avenue Hialeah, Florida 33012 Dated: is: , 2002 z= Dated: Ole xm 2002 Ro: 4 sa E. Scavo, Esquire Counsel for Petitioner AGENCY FOR HEALTH CARE Tallahassee, FL 32308-5403 ADMINISTRATION WV Dated: A , 2002 ufus Noble 2727 Mahan Drive, Mail Stop #3 Inspector General William Roberts Acting General Counsel Dated: 722 2002 Kelly Bénne Assistant General Counsel Dated: 2-/ Z— , 2002 oe 2 RRR a ad Ce aR rape SORE RT

Docket for Case No: 01-004053MPI