FILED STATE OF FLORIDA mig 35 02 DIVISION OF ADMINISTRATIVE HEARINGS SES ar Sc “ol ERY oF DEVEREUX FOUNDATION, INC., aN WW AN 2 w\ Petitioner, eat q 4 , = el ae aa ny vs. DOAH CASE Nos.: 01- 40972. 01-4099" 01-4105 AGENCY FOR HEALTH CARE 01-4106 ADMINISTRATION, 01-4107 01-4108 Respondent. 01-4112 / FINAL ORDER THE PARTIES resolved all disputed issues and executed a Settlement Agreement on ae ¢_/{_, 2002, which is incorporated by reference. The parties are directed to comply with the terms of the attached settlement agreement. Based on the foregoing, this file is CLOSED. DONE and ORDERED on this the _// day of To L , 2002, in Tallahassee, Florida. M. aan MD, Secretary i 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: L. William Porter II, Esquire Agency for Health Care Administration (Interoffice Mail) Sonya C. Penley, Esquire Greenberg Traurig Post Office Drawer 1838 Tallahassee, FL 32302 (U.S. Mail) Daniel Manry Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Charlie Ginn, Chief, Medicaid Program Integrity Donna Harrington, Medicaid Program Integrity Willie Bivens, Finance and Accounting CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has rae been furnished to the above named addressees by U.S. Mail on this thet day of b w4yot , 2002. Airhuyh du (fon Lealand McCharen, Esquire Agency Clerk State of Florida Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5873 STATE OF FLORIDA A DIVISION OF ADMINISTRATIVE HEARINGS ,, DEVEREUX FOUNDATION, INC. Petitioner, V. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. DEVEREUX FOUNDATION, INC. Petitioner, Vv. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / DEVEREUX FOUNDATION, INC. Petitioner, V. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. DEVEREUX FOUNDATION, INC. Petitioner, v. AGENCY FOR HEALTH CARE ADMINISTRATION, DOAH Case No. 01-4097 DOAH Case No. 01-4099 DOAH Case No. 01-4105 DOAH Case No. 01-4106 DEVEREUX FOUNDATION, INC. 02 Aug 3 Petitioner, v. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. DEVEREUX FOUNDATION, INC. Petitioner, v. DOAH Case No. 01-4108 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. DEVEREUX FOUNDATION, INC. Petitioner, Vv. DOAH Case No. 01-4112 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. 02 AUG 27 ian fs ‘ af 3: 36 SETTLEMENT AGREEMENT 40 fyi !iny . Hew hes, VE STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA"” or “the Agency”), and The Devereux Foundation, Inc. (‘PROVIDER’), by and through the undersigned, hereby stipulate and agree as follows: 1. This Settlement Agreement is entered into between the parties for the purpose of avoiding the costs and burdens of litigation, and neither party concedes the other's position. 2. PROVIDER is a Medicaid provider in the State of Florida. 3. In seven Final Agency Audit Reports dated August 24, 2001 (Final Agency Audit Report Nos. 01-0550-035, 01-0550-034, 01-0550-033, 01-0550-032, 01-0550- 031, 01-0550-030, & 01-0550-029) (the “Audit Letters”), AHCA notified PROVIDER 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 overpayments in the amount of $41,243.79. In response to the ‘audit letters dated August 24, 2001, PROVIDER filed petitions for formal administrative proceedings, which were assigned DOAH Case Nos. 01-4097, 01-4099, 01-4105 to 01- 4108 & 01-4112 (the “Medicaid Cases”). THE DEVEREUX FOUNDATION, INC. SETTLEMENT AGREEMENT 4. In order to resolve these matters without further administrative proceedings, PROVIDER and the AHCA expressly agree as follows: (1) (2) (3) (4) (5) AHCA agrees to accept the payment set forth herein in full and complete settlement of any overpayment issues arising from the MPI review as set forth in the Audit Letters. AHCA agrees to issue a Final Order incorporating the terms of this Settlement Agreement. Within thirty days of receipt of a Final Order incorporating the terms of this Settlement Agreement, PROVIDER agrees to make a one- time payment of fifteen thousand five hundred seventy-two dollars and fourteen cents ($15,572.14) in full and complete settlement of ail claims set forth in the Audit Letters and at issue in the Medicaid Cases before the Division of Administrative Hearings. PROVIDER and AHCA agree that full payment as set forth above will resolve and settle these Medicaid Cases completely and will release both parties from all liabilities arising from the alleged findings in the Audit Letters. PROVIDER 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 Letters in these Medicaid Cases. THE DEVEREUX FOUNDATION, INC. SETTLEMENT AGREEMENT (6) | AHCA agrees that this matter did not constitute fraud and abuse of the Medicaid program, and was a matter of inadvertence on the part of the PROVIDER. AHCA agrees to make this known to any agency or entity, not limited to Boards or professional regulation entities. 5. Payment under paragraph 4.(2) shall be made to: AGENCY FOR HEALTHCARE ADMINISTRATION Medicaid Accounts Receivable Post Office Box 13749 Tallahassee, Florida 32317-3749 6. PROVIDER agrees that failure to pay any monies due and owing under the terms of this Settlement Agreement shall constitute PROVIDER'S 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 PROVIDER for any Medicaid claims. 7. AHCA reserves the right to enforce this Settlement Agreement under the laws of the State of Florida, the Rules of the Medicaid Program, and all other applicable rules and regulations. 8. This Settlement Agreement does not constitute an admission of wrongdoing or error by either party with respect to this case or any other matter. 9. Each party shall bear its own attorneys’ fees and costs, if any. 10. The signatories to this Settlement Agreement, acting in a representative on behalf of the respective parties. THE DEVEREUX FOUNDATION, INC. SETTLEMENT AGREEMENT 11. This Settlement 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. 12. This Settlement Agreement constitutes the entire agreement between PROVIDER and the 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 PROVIDER 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 Settlement Agreement is completed and properly executed by the parties. 13. 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 incorrectness of its understandings, information and contentions as to facts and law, so that no misunderstanding or misinformation shall be a ground for rescission hereof. : - 14. PROVIDER 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. PROVIDER further agrees that it shall not challenge or contest any Final Order entered in this matter which is consistent with the terms of this THE DEVEREUX FOUNDATION, INC. SETTLEMENT AGREEMENT Settlement Agreement in any forum now or in the future available to it, including the right to any administrative proceeding, circuit or federal court action or any appeal. 15. This Settlement 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. 16. To the extent that any provision of this Settlement 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 Settlement Agreement. 17. This Settlement 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 Settlement Agreement shall be in full force and effect upon execution by the respective parties in counterpart. THE DEVEREUX FOUNDATION, INC. Noecheal? Beda Dated: Mass A> , 2002 Michael Becker Executive Director FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308-5403 ” tlh hy . 7 con . co cae ewe , Dated: _ CH me Fufus oble ‘ INSPECTOR GENERAL ' THE DEVEREUX FOUNDATION, INC. SETTLEMENT AGREEMENT AE L2 Dated: ZAC3 , 2002 “William H. Roberts Dated: ab —0 C2 __ 2002 Acting General Counsel L. Willfam Porter 1] Assistant General Counsel

Docket for Case No: 01-004108MPI