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: Dec. 24, 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
Issue Date |
Proceedings |
Oct. 15, 2002 |
Final Order filed.
|
Jan. 11, 2002 |
Order Closing File issued. CASE CLOSED.
|
Jan. 10, 2002 |
Joint Motion for Remand (filed by Petitioner via facsimile).
|
Nov. 19, 2001 |
Amended Notice of Hearing issued. (hearing set for January 11, 2002; 10:00 a.m.; Yulee, FL, amended as to location).
|
Nov. 06, 2001 |
Order of Pre-hearing Instructions issued.
|
Nov. 06, 2001 |
Notice of Hearing issued (hearing set for January 11, 2002; 10:00 a.m.; Fernandina Beach, FL).
|
Oct. 30, 2001 |
Joint Response to Initial Order (filed via facsimile).
|
Oct. 22, 2001 |
Initial Order issued.
|
Oct. 17, 2001 |
Final Agency Audit Report filed.
|
Oct. 17, 2001 |
Request for Hearing filed.
|
Oct. 17, 2001 |
Notice (of Agency referral) filed.
|