Petitioner: MEMORIAL HOSPITAL WEST
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: JOHN G. VAN LANINGHAM
Agency: Agency for Health Care Administration
Locations: Fort Lauderdale, Florida
Filed: Nov. 20, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 31, 2002.
Latest Update: Dec. 23, 2024
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STATE OF FLORIDA! iLED
AGENCY FOR HEATH CARE DBMINESTENT
WR 1G AM 9: 31
Visidll bE
ADMINISTRATIVE
SOUTH BROWARD HOSPITAL HEARINGS
DISTRICT, p/B/A MEMORIAL
HOSPITAL WEST,
Petitioner,
vs. CASE NO. 01-4514 nalee
cI # 01-1092-000
AGENCY FOR HEALTH CARE RENDITION NO.: AHCA-02- 0089-S-MDP
ADMINISTRATION '
Respondent.
/
_
FINAL ORDER
JVl- Clos
THE PARTIES resolved all disputed issues and executed
a vsettlement agreement”, which is incorporated by
reference. The parties are directed to comply with the
terms of the vsettlement agreement”. Based on the
foregoing, this proceeding is CLOSED.
DONE and ORDERED on this the Zl day of
i , 2002, in Tallahassee, Florida.
LEE Medows, M.D., Secretary
inistration
Agency for Health care Adm
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:
Geoffrey D- Smith
204 South Monroe Street
Tallahassee, Florida 32302
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
J. G. Van Laningham
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Willie Bivens, Finance: and Accounting
al
Mike Morton, Medicaid Program Integrity
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been furnished to the above na d addressees
by U.S. Mail on this the (xs day of , ,
2002.
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 F L. E D
AGENCY FOR HEALTH CARE ADMINISTRATION
02 APR I6 AM 9:31
DIVIS.Gh EF
ADMINISTRATIVE
SOUTH BROWARD HOSPITAL DISTRICT HEARINGS
d/b/a MEMORIAL HOSPITAL WEST
Petitioner, C.I. 01-1092-000
vs. Case No. 01-4514
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
/
a
SETTLEMENT AGREEMENT
Respondent, the State of Florida, Agency for Health
Care Administration, and Petitioner, South Broward Hospital
District d/b/a Memorial Hospital West, 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_
he mone
result of a KePro review.
2. Ina final agency audit letter dated October 2,
2001, Petitioner was informed that the Agency sought
recoupment in the amount of $9,338.45. A copy of the
recoupment letter is attached to this agreement.
3, Petitioner challenged Respondent's action and
requested a formal hearing regarding the claims in question.
4. Subsequently, the Respondent re-reviewed
documentation and reduced the overpayment from $9,338.45 to
$4,642.81.
5, The Agency agrees to allow the Petitioner, South
Broward Hospital District, d/b/a Memorial Hospital West, to
pay the Agency the total sum of $4,642.81 within sixty (60)
days of execution of the Settlement Agreement.
6. 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.
7. Payments shall be made to:
AGENCY FOR HEALTH CARE ADMINISTRATION
Medicaid Accounts Receivable
Post Office Box 13749
Tallahassee, FL 32317-3749
8, This settlement does not constitute an admission of
wrongdoing or error by either party. However, the parties
believe that this matter should be settled. om
* Lak
9. Both parties request that the Agency close the file
in this case.
10. Each party shall bear its own attorney's fees and
costs.
11. 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.
12. 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.
+
Dated this ZL say of Harte of 2002.
AGENCY FOR HEALTH CARE
ADMINISTRATION
kt lL
William H: Roberts
Acting General Counsel
Agency for Health Care
Administration
2727 Mahan Drive
Ft. Knox Building 3
Tallah LZ hip 32308
RufusMNoble, Inspector General
Agency for Health Care
Administration
2727 Mahan Drive
Ft. Knox Building 3
Tallahassee, Florida 32308
SOUTH BROWARD HOSPITAL DISCTRICT
MEMORIAL HOSPITAL WE
Hospital Administrator
Memorial Hospital West
703 North Flamingo Road
Pembroke Pines, Florida 33028
—_ . Blank, Meenan & Smith, P.A. von.
Post Office Box 11068
Tallahassee, Florida 32302-3068
Cc: Mike Morton, Medicaid Program Integrity
Docket for Case No: 01-004514MPI
Issue Date |
Proceedings |
Apr. 16, 2002 |
Final Order filed.
|
Jan. 31, 2002 |
Order Closing File issued. CASE CLOSED.
|
Jan. 29, 2002 |
Notice of Settlement and Unopposed Motion to Place Case in Abeyance (filed by Petitioner via facsimile).
|
Jan. 10, 2002 |
Order of Pre-hearing Instructions issued.
|
Dec. 18, 2001 |
Notice of Service of Interrogatories, Request for Admissions, & Request for Production of Documents (filed by Respondent via facsimile).
|
Dec. 10, 2001 |
Request to Produce (filed by Petitioner via facsimile).
|
Dec. 10, 2001 |
Notice of Serving Petitioner`s First Set of Interrogatories to AHCA (filed via facsimile).
|
Dec. 10, 2001 |
Notice of Appearance (filed by G. Smith via facsimile).
|
Dec. 06, 2001 |
Order of Pre-hearing Instructions issued.
|
Dec. 06, 2001 |
Notice of Hearing by Video Teleconference issued (video hearing set for February 8, 2002; 9:00 a.m.; Fort Lauderdale and Tallahassee, FL).
|
Dec. 03, 2001 |
Response to Initial Order (filed by Respondent via facsimile).
|
Nov. 21, 2001 |
Initial Order issued.
|
Nov. 20, 2001 |
Final Agency Audit Report filed.
|
Nov. 20, 2001 |
Request for Administrative Hearing filed.
|
Nov. 20, 2001 |
Notice (of Agency referral) filed.
|