Petitioner: OAK HILL HOSPITAL
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: SUZANNE F. HOOD
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: May 20, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 18, 2002.
Latest Update: Mar. 06, 2025
rs mi ia
STATE OF FLORIDA ey ay
AGENCY FOR HEALTH CARE ADMINISTRATION
OAK HILL HOSPITAL, RE we,
Petitioner. if
DE [fh closed
vs. DOAH CASE NO. 02-2114MPI
PROVIDER NO. 012007300
AUDIT NO. CI. NO.: 01-2056,000
STATE OF FLORIDA, AGENCY FOR ad
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 file is
CLOSED.
DONE AND ORDERED on this the 2 7 day of Dar orb 2002, in
Tallahassee, Florida.
Rhefda M. Medows, MD, Secretary
ealth 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:
David M. McGrew
11375 Cortez Blvd.
State Road 50
Brooksville, FL 34613
Grant P. Dearborn, Assistant General Counsel
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308-5403
(Interoffice)
Judy Hefren, Deputy Inspector General
Medicaid Program Integrity
Agency for Health Care Administration
2727 Mahan Drive, MS #5
Tallahassee, Florida 32308
(Interoffice)
Willie Bivins
Finance & Accounting
Medicaid Accounts Receivables
Agency for Health Care Administration
2727 Mahan Drive, MS #14
(nteroffice)
Robert Maryanski
Medicaid Program Development
Agency for Health Care Administration
2727 Mahan Drive, MS #20
(interoffice)
Suzanne Hood
Administrative Law Judge
DOAH
(Interoffice Mail)
CERTIFICATE OF SERVICE
Y HEREBY CERTIFY that a true and correct copy of the foregoing has been
oe 4
furnished to the above named addresses by U.S. Mail on this the “T day of
(
( hare Tipo
v. Lealand McCharen, Esquire
Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308-5403
(850) 922-5873
~\-,
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
OAK HILL HOSPITAL,
Petitioner,
vs. PROVIDER NO. 012007300
AUDIT NO. C.I. NO.: 01-2056-000
STATE OF FLORIDA,
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
/
SETTLEMENT AGREEMENT
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION
(“AHCA” or “the Agency”), and OAK HILL HOSPITAL (“PROVIDER” or OAK HILL”), 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, and neither party concedes the other's
position.
2. PROVIDER is a Medicaid provider in the State of Florida.
3. In its final agency audit repart.# C.l. Q1-2056-000.dated February.7, 2002,
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 overpayment in the amount of
$9,338.16. In response to the audit letter dated February 7, 2002, PROVIDER filed a
petition for a formal administrative hearing, which was assigned DOAH Case No. 02-
2114MPI. Subsequently and after additional information was provided, and after
another medical expert evaluation of 3 of the undisputed claims, the parties agreed that
the overpayment should be adjusted to $2,312.98.
4. In order to resolve this matter without further administrative proceedings,
PROVIDER and the AHCA expressly agree as follows:
(1)
(3)
(4)
AHCA agrees to accept the payment as determined under the
terms of this settlement of the overpayment issues arising from the
MPI review.
Within thirty days of receipt of the final order, PROVIDER agrees to
make a single payment of Two Thousand Three Hundred Twelve
and ninety-eight cents ($2,312.98) in full and complete settlement
of all claims related to audit the subject audit.
PROVIDER and AHCA agree that receipt of full payment as
determined under the terms of this agreement will resolve and
settle this case completely and release both parties from all
liabilities arising from the findings in the audit referenced as C.!. 01-
2056-000.
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.
5. Payment 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 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. Each party shall bear its own attorneys’ fees and costs, if any.
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.
11. 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 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 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. Once this stipulation is executed, 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 including appeals 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 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 Agreement is and shall be deemed jointly drafted and written by all
parties to it and shall not.be canstrued 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, representatives and trustees.
18. Ail times stated herein are of the essence of this Agreement.
19. This Agreement shall be in full force and effect upon execution by the
respective parties in counterpart.
20. Provider will cooperate in and consent to comprehensive follow-up
reviews of the provider every 6 months to ensure that they are billing Medicaid correctly.
OAK HILL HOSPITAL
= Dated: _7/ 2sJor , 2002
Representative for Oak Hill
FLORIDA AGENCY FOR HEALTH CARE
ADMINISTRATION
2727 Mahan Drive, Mail Stop #3
Tallahassee, FL 32308-5403
pM. Dated: +/27 , 2002
Rifus Neble
Inspector General
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Fist A__- pated: 19-06 -O% 2002
Gfant P. Dearborn
Assistant General. Counsel.
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hob GUE Dated: kA” f , 2002
Valda Christian
General Counsel
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(962) 696-6632
DATE 10/01/2002
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¥ TWO THOUSAND THREE HUNDRED TWELVE DOLLARS AND ‘98/100 $s keKKE2 312/98
, .
AGENCY FOR HEALTHCARE
GENT OF THE CORPORATION
THIS CHECK CLEARS POSITIVE PAY
ATTN. ACCOUNTS RECEIVABL
TALLAHASSEE, FL 32317-3749
AGENT OF THE CORPORATION
“OS6638G35" 8426430300 785290 100000508"
Docket for Case No: 02-002114MPI
Issue Date |
Proceedings |
Jan. 16, 2003 |
Final Order filed.
|
Jul. 18, 2002 |
Order Closing File issued. CASE CLOSED.
|
Jul. 18, 2002 |
Joint Motion to Cancel Hearing and Relinquish Jurisdiction (filed via facsimile).
|
Jul. 16, 2002 |
Notice of Witness and Exhibit List (filed by Respondent via facsimile).
|
Jul. 01, 2002 |
Notice of Substitution of Counsel (filed by G. Dearborn via facsimile).
|
Jun. 25, 2002 |
Notice of Service of Interrogatories (filed by Respondent via facsimile).
|
Jun. 25, 2002 |
Respondent`s First Request for Admissions (filed via facsimile).
|
Jun. 25, 2002 |
Respondent`s First Request for Production of Documents (filed via facsimile).
|
Jun. 05, 2002 |
Amended Notice of Hearing issued. (hearing set for August 6 and 7, 2002; 10:00 a.m.; Tallahassee, FL, amended as to dates of hearing).
|
Jun. 05, 2002 |
Order of Pre-hearing Instructions issued.
|
Jun. 05, 2002 |
Notice of Hearing issued (hearing set for July 29 and 30, 2002; 10:00 a.m.; Tallahassee, FL).
|
May 30, 2002 |
AHCA`S Response to Initial Order (filed via facsimile).
|
May 29, 2002 |
Response to Initial Order (filed by Petitioner via facsimile).
|
May 22, 2002 |
Initial Order issued.
|
May 20, 2002 |
Order for the Petitioner to Show Cause Amended Request filed.
|
May 20, 2002 |
Final Agency Audit Report filed.
|
May 20, 2002 |
Request for Hearing filed.
|
May 20, 2002 |
Notice (of Agency referral) filed.
|