STATE OF FLORIDA | FIL ED AGENCY FOR HEALTH CARE ADMINISTRATION 4 JAN 31 02 THE CHILDREN’S PSYCHIATRIC AHCA. . CENTER, INC., PEPARTHENT CLERK Petitioner, vs. DOAH CASE NO. 01-4526 Audit No. 00-1964-000 C4 Rendition No. AHCA-02-(45 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / - “FINAL ORDER THE PARTIES resolved all disputed issues and executed a settlement agreement, which is attached and incorporated by reference. The parties are directed to comply with the terms of the attached settlement agreement. Based on the foregoing, this fileis ° CLOSED. DONE AND ORDERED on this the__/ 7h day of lemony , 200%in Tallahassee, Florida. Rhonda Wf. Medows, MD, Secretary Agency for Health Care Administration ewe percents Sparewgprtrs > SPCR ERE OTE RRR TES oo 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. opr er Sore Copies Furnished to: Maureen Candib, Esquire The Children Psychiatric Center, Inc. Administrative Offices 15490 N.W. 7" Avenue Suite 200-201-202B-203-207 Miami, Florida 33169-6231 Kelly A. Bennett, Esquire Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 Michael M. Parrish Administrative Law Judge i Division of Administrative Hearings ik The DeSoto Building i 1230 Apalachee Parkway 3 Tallahassee, Florida 32399-3060 Charlie Ginn, Chief - Medicaid Program Integrity Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #6 Tallahassee, Florida 32308 Finance & Accounting CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the above named addresses by U.S. Mail on this the =/ day of via td vz , 2002. Lisgeee Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 (850) 922-5865 Sore RE rot SO ere ati a ll OEE Ee WR ETT ET ven cer STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS THE CHILDREN’S PSYCHIATRIC CENTER, INC., Petitioner, Vv. DOAH Case No. 01-4526 JUDGE Michael M. Parrish Audit No. CI 00-1964-000 Provider No. 060286800 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 THE CHILDREN’S PSYCHIATRIC CENTER, INC., (“Petitioner”): L. This matter arises out of AHCA’s review of Petitioner’s paid claims to Medicaid for the period of time December 1, 1999 through May 31, 2000. On October 17, 2001, AHCA issued a Final Agency Action Letter (FAAL) that determined Petitioner had been overpaid by Medicaid in the amount of $10,751.82. 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 Petitioner has provided subsequent documentation to support many of the claims at issue. a ad case ae erie sone saa Settlement Agreement DOAH Case No. 01-4526 Page 2 of 5 4. Based upon the review of additional documentation, AHCA agrees that the adjusted . overpayment amount is $5,131.21. 5. In order to resolve this matter without further administrative proceedings, Petitioner has agreed to re-pay the full overpayment amount. 6. AHCA agrees to accept the full overpayment amount ($5,131.21), in the manner set forth herein in settlement of the overpayment issues arising from the MPI review. 7. This settlement does not constitute an admission of wrongdoing or error by either party with respect to this case or any other matter. However, the parties believe that this matter should be settled because the parties have agreed to the terms contained within this agreement. 8. Petitioner agrees to pay to ABCA, on or before January 7, 2002 the sum of five thousand one hundred thirty-one dollars and twenty-one cents ($5,131.21), to be paid in one lump sum payment, as payment in full and complete settlement of all claims in the proceedings before the Division of Administrative Hearings (DOAH Case No. 01-4526). 9. 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. 10. 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. 00-1964-000. 11. 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. Sor ORereT ere OCR ore Aas i ite Settlement Agreement DOAH Case No. 01-4526 Page 3 of 5 12. 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. 13. Payment shall be made payable to: AGENCY FOR HEALTHCARE ADMINISTRATION Medicaid Accounts Receivable Post Office Box 13749 Tallahassee, Florida 32317-3749 And 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). 14. Upon complete execution of this Agreement by Petitioner 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. 15. The parties will bear their own fees and costs associated with these proceedings. 16. 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 agreement with Petitioner’s signature alone shall be sufficient for the Agency to enforce the agreement and to cancel the hearing in this matter. 17. 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. ee Serta reer errr Settlement Agreement DOAH Case No. 01-4526 Page 4 of 5 18. 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. 19. 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. | 20. 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 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 Administrative Hearings. 21. This 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. 22. 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. eee Soe RINNE REE EE serene res Settlement Agreement DOAH Case No. 01-4526 Page 5 of 5 THE CHILDREN’S PSYCHIATRIC CENTER, INC. ra SiR ya Ne) QO Robe}t D. Nolan, Ph.D. Petitic ner/Provider (UL eted: / Maureen Candib, Esquire, Attorney for Petitioner AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308-5403 aft Inspector General 2 ‘A C William Roberts Acting General Counsel elly Bénnétt Assistant General Counsel Dated 1 ey Lee 17, 2001 Dated: c [7 , 200E- Dated: fle 2002 - ke oa ; Se dle L7QNS.% Invoice ivumoer | vate vescriplion Uross, viscount Viner. ™ PORIO S gaz DORA B0T528 TTA SIOT AUG CI OU-Te64-000 | sk) by OSs Tz TST ZH | | i t i i i | i ' : i i i ' i I | | 1 Vendor Name: Agency For Healthcare Administration (Tallahassee, FL), 51ST 21] nt tedg ee Vendor Code: 1370 ; Check #: 43029 Cc p C THE CHILDREN’S PSYCHIATRIC CENTER, INC. Fit ion Nand Bk as cHecKC NUMBER 0430293 ADMINISTRATIVE OFFICES of Florida 1 LW. 7th Al - SUIT! 4299 N.W. 36TH STREET ee ee unre 200 MIAMI FLORIDA 33166 670 MIAMI. FLORIDA 33169 Check #: 43029 pay “*** Five Thousand One Hundred Thirty One Dollars And Twenty One Cents **** ; - DATE AMOUNT 12/20/01 **5,131.21** TO THE Agency For Healthcare Administration ORDER Medicaid Accounts Receivable OF Post Office Box 13749 Tallahassee, FL 32317-3749 O30 29" O08 7OOBLI 2 2699005 i736 ra nO ee i | : Vendor Name: Agency For Healthcare Administration (Tallahassee, FE Se ; Eat Vendor Code: 1370 : . Check #: 43029 Check Date: 12/20/01 4E CHILDREN'S PSYCHIATRIC CENTER, INC. 043029 FORM #81: {COAST MARKETING, INC. 954-583-4351 suir2u5 ~ rr i RN A A OO Ol ld Aa —

Docket for Case No: 01-004526MPI