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OAK HILL HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION, 02-002114MPI (2002)

Court: Division of Administrative Hearings, Florida Number: 02-002114MPI Visitors: 11
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: Jul. 02, 2024
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 Ap sy} yd fad ae co 2 Fist A__- pated: 19-06 -O% 2002 Gfant P. Dearborn Assistant General. Counsel. yO Lf tee Pp 4 4 4 Bh bf Teo fe A Vb hob GUE Dated: kA” f , 2002 Valda Christian General Counsel . JHE FACE OF THIS)DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAI DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK - HOLD AT AN ANGLE TO VIEW. IF WATERMARK ‘S NOT PRESENT, Do NOT NEGOTIATE THIS EM. K2 30997 935140 KEY BANK OF UTAH + } 05683843 PRICE, UT a si-s00 1248 OAK HILL HOSPITAL . "ps0. BOX . SPRING ml, L 34606 (962) 696-6632 DATE 10/01/2002 ‘DIF MOT PRINTED NETH CRANBERRY BACKOROUNG © VOTO IF MOT PRINTED NIITH CJANBERRY BACKGROUND - OID IF HOT PRINTED WITH CRANBERRY BACKGROUND - VOID IF ‘NOT PRINTED WITH CRANBERRY BACKGROUND THE BACK OF THIS DOCUMENT CONTAINS ARTIFICIAL WATERMARK - HOLD AT AN ANGLE TO VIEW ¥ 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.
Source:  Florida - Division of Administrative Hearings

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