STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS OCT 30 02 LUIS ARMANDO ZARATE, M.D., ; SREP eae i atin d & Petitioner, CHP here | DOAH CASE NO. 02-1581MPI AHCA Provider No. 373364500 STATE OF FLORIDA, RENDITION NO.: AHCA-02- -S-MDO AGENCY FOR HEALTH CARE ADMINISTRATION, Vv. 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 file is CLOSED. DONE AND ORDERED on this the__ 2 “day of bc jon 2002, in Tallahassee, Florida. 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: Daniel E. Jonas, Esquire Jonas and Silberman, P.A. 300 71" Street, Suite 405 Miami, Florida 33141 Susan Felker-Little, Esquire Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 E.H. Powell Administrative Law Judge The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Judy Hefren, Acting Bureau Chief of MPI Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #4 Tallahassee, Florida 32308 Sharon Dewey, Register Nurse Agency for Health Care Administration 2002 Old St. Augustine Rd, Bldg. D, MS#6 Tallahassee, Florida 32308 Willie Bivens Finance & Accounting Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #14 Tallahassee, Florida 320308 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 « G day of LX OL teh, 2002. o haces hn 5 ? “Y-SLealand McCharen, Agency Cler Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 (850) 922-5873 P.@3 + AUG-23-2802 16:56 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION LUIS ARMANDO ZARATE, M.D., Petitioner, DOAH CASE NO. 02-1581MPI AHCA Provider No. 3733645-00 C.I. 98-1072-000/WG2/VAS Vv. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, / SETTLEMENT AGREEMENT STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, (AHCA” or “the Agency”), and LUIS ARMANDO ZARATE, M.D., (“PROVIDER”), by and through the undersigned, hereby stipulate and agree as follows: 1. This Agreement is entered into between the parties for the purpose of avoiding the costs and burdens of litigation. 2. PROVIDER is a Medicaid provider in the State of Florida, with provider number 3733645-00. . 3. In its final agency audit report dated February 14, 2002, AHCA notified PROVIDER that a review of Medicaid claims, performed by Medicaid Program Integrity (MPI), - + AUG-23-2082 16:58 indicated that, in its opinion, some claims in whole or in part were not covered by Medicaid. The Agency sought overpayment in the amount of $14,846.98. In response to the final agency audit report, PROVIDER filed a petition for a formal administrative hearing, attached to which was additional documentation for review by AHCA. 4. The matter was referred to the Division of Administrative Hearings (DOAH) and assigned DOAH Case No. 02-1581. Subsequently, AHCA performed a review of the additional documentation submitted by PROVIDER to AHCA related to the disputed claims and adjusted the overpayment to $10,561.50. 5. In order to resolve this matter without further administrative proceedings, PROVIDER and AHCA expressly agree as follows: (a) (b) () AHCA agrees to accept the payment set forth herein in settlement of the overpayment issues arising from the MPI review, i ; Within thirty (30) days of receipt of the Agency for Health Care , - Administration Final Order incorporating by reference this Settlement | Agreement, PROVIDER agrees to make a single payment in the total sum of ELEVEN THOUSAND FIVE HUNDRED SIXTY-ONE DOLLARS AND FIFTY CENTS (81 1,561.50), which constitutes: (1) Medicaid claims overpayment of $10,561.50; and a (2) investigative, legal, and expert witness costs of $1,000.00. The payment of $11,56 1.50 shall be made payable and remitted to: Agency for Health Care Administration Atta. Medicaid Accounts Receivable P. O. Box 13749 Tallahassee, FL 32317-3749 - AUG-23-2002 16:58 (e) () (g) P.@S in full and complete settlement of all claims in the audit referenced as C.L 98-1 072-000/WG2/VAS. Payment shall clearly indicate that it is pursuant to a settlement agreement and shall reference Audit C.I. 98- 1072-000/WG2/VAS. (4) PROVIDER 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.1. 98- 1072-000/WG2/VAS. PROVIDER is responsible for ensuring timely delivery of the payment set forth herein. Furthermore, failure to timely make the payment will render the balance due and payable immediately, with statutory 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. 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 in this case. PROVIDER will cooperate in a comprehensive follow-up review within 6 months of the date of the Final Order in the cause to ensure that PROVIDER is billing Medicaid correctly. \ AUG-23-2a@2 16:58 6. PROVIDER agrees that failure to pay any monies due and owing under the terms of this 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 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 does not constitute an admission of wrongdoing or error by either party with respect to this case or any other matter. 9. The parties agree to bear their own attomey’s fees and costs, if any, except as hereinabove stated. 10. 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, ll. 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. 12. This Agreement constitutes the entire agreement between PROVIDER and AHCA, including anyone acting for, associated with or employed by them, conceming all matters and supersedes any prior discussions, agreements or understandings; there are no promises, representations or agreements between PROVIDER and AHCA other than as set forth AUG-23-2802 16:50 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. 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 ' tules 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 that is ‘ consistent with the terms of this settlement 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 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 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. 17. This Agreement shall inure to the benefit of and be binding on each party’s successors, assigns, heirs, administrators, Tepresentatives and trustees. 18. All times stated herein are of the essence of this Agreement. "* puG-23-2002 16:52 P.@8 - 19. This Agreement shall be in full force and effect upon execution by the respective parties in counterpart. PROVIDER: aa . / 7, 2 26 FL 2002 are | > LUIS ARDS ZARATE, M.D. Dated: AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308-5403 Dated: ofve 2002. RUFUS Lee Inspector General Dated: L4/ 2 4 » 2002, Dated: / O [ C 2002. VALDA CLARK CHRISTIAN eneral Counsel AN C. FELKER-LITTLE Assistant General Counsel TOTAL F.AA

Docket for Case No: 02-001581MPI