STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS WESTMINSTER CARE OF ORLANDO, o L o os Petitioner, ; ) | _ as “DML cle d Be Et vs. CASE NO. 02-2695MPI ae > ah reese STATE OF FLORIDA, AGENCY FOR & a HEALTH CARE ADMINISTRATION, a Ns) Respondent. / FINAL ORDER THE PARTIES resolved all disputed issues and executed a Settlement ' Agreement, which is 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 M day of < M GhG| \_, 2003, in Tallahassee, Florida. (eau Rhonda M. Medows, MD, Secretary 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: L. William Porter I, Esquire Agency for Health Care Administration (Interoffice Mail) Theodore Mack, Esquire Powell & Mack 803 'N. Calhoun Street Tallahassee, Florida 32308 (U.S. Mail) D. M. Kilbride Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Lisa Milton, Medicaid Program Analysis, “© zi Terry Hogan, Medicaid Program Analysis _YS 2 Willie Bivens, Finance and Accounting | (3 i4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the above named addressees by U.S. Mail on this the 12 day of 4 M Gi.CN_, 2003. RE 4 Vices Ch@ste xc ica gsnd Lealand McCharen, Esquire Agency Clerk State of Florida Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5873 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS WESTMINSTER CARE OF ORLANDO, Petitioner, vs. CASE NO. 02-2695MPI STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / SETTLEMENT AGREEMENT STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA” or “the Agency”), and Westminster Care of Orlando (“PROVIDER’), by and through the undersigned, hereby stipulate and agree as follows: wo, This Agreement is entered into between the parties for the purpose of resolving the disputes between them and avoiding the costs and burdens of further litigation. Neither party concedes the other’s position. 2. PROVIDER is a Medicaid provider in the State of Florida, operating a nursing home that was audited by the Agency. 3. The Agency conducted an audit of PROVIDERS’ cost report for the period ending June 30, 1999, 4. In its Audit Report issued May 2, 2002, AHCA notified PROVIDER that a review of the cost report revealed that, in its opinion, some cost report items in whole or in part were not properly claimed or reimbursable by Medicaid. The Agency notified the PROVIDER of the adjustments, which AHCA was making to the cost report. In response to the Audit Report, PROVIDER filed a timely petition for an administrative hearing that was assigned DOAH Case No. 02-2695. 5. In its petition for an administrative hearing, PROVIDER identified specific adjustments that it appealed. 6. Subsequent to issuance of the Audit Report, AHCA and PROVIDER exchanged documents and discussed the adjustments that were at issue. 7. As a result of the aforementioned exchanges, the parties agreed that the Agency’s adjustments, which were the subject of these proceedings, as they relate to the cost report for the year ending June 30, 1999, shall be resolved as follows: WESTMINSTER CARE OF ORLANDO Audit Adjustment #5 ($203,716) was adjusted by $203,716 to $0.00. Audit Adjustment #9 ($27,082) was adjusted by $27,082 to $0.00. 8. All other Audit Adjustments not specifically identified above remain adjusted pursuant to the Audit Report. 9. In order to resolve this matter without further administrative proceedings, PROVIDER and AHCA expressly agree that the adjustment resolution, as set forth above, will resolve and settle this case completely. As such, by this agreement constitutes PROVIDERs withdrawal of the petition for an administrative hearing, with prejudice. 10. PROVIDER and AHCA further agree that the Agency shall recalculate the per diem rate for these time periods, and issue a notice of recalculation, Where PROVIDER was overpaid, PROVIDER will remit payment to the Agency in the full amount of the cost upon issuance of such notice, or the provider may enter into a written agreement to establish a repayment plan of thirty six (36) equal monthly payments. PROVIDER may arrange that agreement with the Director of Medicaid Accounts Receivable. 11. Payment shall be made to: AGENCY FOR HEALTHCARE ADMINISTRATION Medicaid Accounts Receivable Post Office Box 13749 Tallahassee, Florida 32317-3749 PROVIDER Westminster Care of Orlando 830 W. 29 Street Orlando, Florida 32805 Payments shall clearly indicate that it is per a settlement agreement, shall reference the DOAH Case Number, and shall reference the audit numbers. 12. 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. 13. PROVIDER and AHCA reserve 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. 14. This settlement does not constitute an admission of wrongdoing or error by any of the parties 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. 15. Each party shall bear its own attorneys’ fees and costs, if any. 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. The parties further agree that a facsimile or photocopy reproduction of this agreement shall be sufficient for the ‘parties to enforce the agreement. PROVIDER agrees, however, to forward a copy of this agreement to AHCA with original signatures, and understand that a Final Order may not be issued until said agreement is received by AHCA. 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. 18. 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. 19. 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. 20. 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 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. 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. 23. This Agreement shall inure to the benefit of and be binding on each party’s successors, assigns, heirs, administrators, representatives and trustees. WESTMINSTER CARE OF ORLANDO a Dated: 7 2? , 2008 i (cht py: CAROL ff CHOP (Prin me) ITs: CHhAttiman AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308-5403 (200 Dated: au , 200 Bob Sharpe Deputy Secretary for Medicaid ’ 1 ile (k (| Ce Valda Clark Christian General Counsel L. William Porter II Assistant General Counsel

Docket for Case No: 02-002695MPI