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NASSAU COUNTY MAD COUNCIL, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 01-004076MPI (2001)

Court: Division of Administrative Hearings, Florida Number: 01-004076MPI
Petitioner: NASSAU COUNTY MAD COUNCIL, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: BARBARA J. STAROS
Agency: Agency for Health Care Administration
Locations: Yulee, Florida
Filed: Oct. 17, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 11, 2002.

Latest Update: Oct. 04, 2024
STATE OF FLORIDA AGENCY FOR HEATH CARE ADMINISTRATION NASSAU COUNTY MAD COUNCIL re) 2 a a Petitioner, as) _ vs. CASE NO. 01-4076" = C.I. 01-0550-076 i AGENCY FOR HEALTH CARE 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 a f day of rhen—, 2002, in Tallahassee, Florida = a fll M. pO — M.D., Secretary Q 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: Ed Dews, President, CEO 910 South 8" Street, Suite 330 Fernandina Beach, Florida 32034 Kim A. Kellum, Esquire Attorney for Agency AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive Fort Knox Building 3, Mail Stop 3 Tallahassee, Florida 32308 B.d. Staros Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Willie Bivens, Finance and Accounting Robert Peirce, Medicaid Program Integrity -- 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 be) day of Ytalaos r 2002. Aptealand Lois | Esqui ¢ hod Agency Clerk State of Florida Agency for Health Care Administration 2727 Mahan Drive, Building #3, Mail Stop 3 Tallahassee, Florida 32308-5403 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION NASSAU COUNTY MAD COUNCIL Petitioner, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / eee C.I. 01-0550-076 Case No. 01-4076 SETTLEMENT AGREEMENT RECEIVED GENERAL COUNSEL AUG 19 2002 Agency for Health Care Administration Respondent, the State of Florida, Agency for Health Care Administration, and Petitioner, Nassau County Mad Council, by and through the undersigned individuals, hereby stipulate and agree as follows: 1. This settlement agreement is entered into between the parties in order to resolve a dispute that arose as the result of a Medicaid audit. 2. Ina final agency audit letter dated August 27, 4 2001, Petitioner was informed that the Agency sought recoupment in the amount of $6,159.60. recoupment letter is attached to this agreement. A copy of the 3. Petitioner challenged Respondent's action and requested a formal hearing regarding the claims in question. ~e 4. Subsequently, the Respondent reviewed additional documentation. 5. To avoid the further time and expense of litigation, and for their mutual benefit, the parties are desirous of settling all the disputed matters. 6. The Agency agrees to allow the Petitioner, Nassau County Mad Council, to pay the Agency the total sum of $3,398.00 within sixty (60) days of execution of the Settlement Agreement. 7. j%In the event the Petitioner fails to make any payment due hereunder, the Respondent may, at its option and upon fifteen days written notice to Petitioner, declare Petitioner in default. Its provider number shall be suspended until such time as the Agency receives payment of the balance in full. 8. Payments shall be made to: AGENCY FOR HEALTH CARE ADMINISTRATION Medicaid Accounts Receivable Post Office Box 13749 Tallahassee, FL 32317-3749 9. This settlement does not constitute an admission of wrongdoing or error by either party. However, the parties believe that this matter should be settled. ~ 11. Both parties request that the Agency close the file in this case. 12. Each party shall bear its own attorney's fees and costs. 13. This agreement represents the entire agreement between the parties regarding settlement of this case. 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. The signatories to this agreement, acting in a representative capacity, represent that they are duly authorized to act on behalf of the parties to the agreement. Venue for any action arising from this agreement shall be in Leon County, Florida. 14. 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 Facility... pated this 2F day of borbre— of 2002. AGENCY FOR HEALTH CARE ADMINISTRATION . ‘\ 7 Lice (tad. fe i i 5 Va lola Claré CASI Aeting General Counsel Agency for Health Care Administration 2727 Mahan Drive Ft. Knox Building 3 Tallahassee, Florida 32308 be ufus¥Noble, Inspector General Agency for Health Care Administration 2727 Mahan Drive Ft. Knox Building 3 Tallahassee, Florida 32308 NASSAU_CO Y MAD COUNCIL Ed Dews, President, CEO 910 South 8 Street, Suite 300 Fernandina Beach, Florida 32034 Cc: Robert Peirce, Medicaid Program Integrity .

Docket for Case No: 01-004076MPI
Source:  Florida - Division of Administrative Hearings

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