a FELD STATE OF FLORIDA AGENCY FO \HEALTH,CARE ADMINISTRA 10 aa DR HEA pass F Moy Meine AGENCY FOR HEALTH CARE oe ADMINISTRATION, win ok Petitioner, vs. “Dw O - (ss Case No. 03-1150F HEALTH OPTIONS, INC., AHCA No. #2003003943 4 “Revo NO. AHCA'OF~ ar DOkS Respondent. FINAL ORDER The Agency for Health Care Administration, having entered into a Joint Stipulation and Settlement Agreement with the parties to these proceedings, and being otherwise well advised in the premises, decides as follows: The attached Joint Stipulation and Settlement Agreement is approved and adopted as a part of this Final Order and the parties are directed to comply with the terms of the Joint Stipulation and Settlement Agreement. THEREFORE, it is ORDERED and ADJUDGED that the parties hereto are directed to comply with terms of the Joint Stipulation and Settlement Agreement. ORDERED: 1. A fine of $7,556.00 is hereby imposed upon the Respondent. The fine is due and payable within thirty (30) days of the date of rendition of this Order. 2. Checks should be made payable to the “Agency for Health Care Administration.” The check, along with a reference to this Case number, should be sent directly to Jean Lombardi Agency for Health Care Administration Office of Finance & Accounting 2727 Mahan Drive, Mail Stop #14 Tallahassee, FL 32308 3. Unpaid fines will be subject to statutory interest, and may be collected by all methods legally available. DONE and ORDERED this 2S tay of ky _, 2003, in Tallahassee, Leon County, Florida. bth rs eke Rhonda M. Medows, MD, Secretary“ Agency fot Health Care Administr ion A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH AGENCY CLERK AND A SECOND COPY, ALONG WITH FILING FEE AS PRESCRIBED BY LAW, IN THE DISTRICT COURT OF APPEAL 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. THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Elizabeth Dudek, Deputy Secretary AHCA, Mail Stop #9 Jean Lombardi, Finance & Accounting AHCA, Mail Stop #14 Ursula Eikman, Esq. AHCA, Mail Stop #3 Wendy Adams, Regulatory Consultant AHCA, Mail Stop #3 Daniel Alter, Esq. Bunnell, Woulfe, et al, Post Office Drawer 030340 Fort Lauderdale, Florida 33303 Don W. Davis, Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 CERTIFICATE OF SERVICE LER Les OOO oo 1 HEREBY CERTIFY that a true copy of the foregoing was mailed to the above- named addressees on this \3 Caay of © L Ne \ , 2003. a pour yudlen, @ Lealand McCharen, Agency Clerk P Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32303 (850) 922-5873 UE/sr STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, VS. Case No. 03-1150F HEALTH OPTIONS, INC., AHCA No. #2003003943 Respondent. STIPULATION AND SETTLEMENT AGREEMENT Petitioner, State of Florida, Agency for Health Care Administration (hereinafter the “Agency”) through their undersigned. representatives, and Health Options, Inc. (hereinafter “HOI”) pursuant to Sec. 120.57(4), Florida Statutes (2002) each individually, a “party”, collectively as “parties,” hereby enter into this Stipulation and Settlement Agreement (“Agreement”) and agree as follows: WHEREAS, the Agency requested a formal administrative hearing in a Motion for Reasonable Costs and Attorney’s Fees at the Division of Administrative Hearings (DOAH) ; and WHEREAS, for the purpose of avoiding the expense and time involved in further litigation, the parties have negotiated and agreed that the best interest of all the parties will be served by a settlement of this proceeding; and WHEREAS, the Agency made and DOAH granted “Motion To Relinquish Jurisdiction and Dismiss Case” because of this settlement; NOW THEREFORE, in consideration of the mutual promises and recitals herein, the parties intending to be legally bound, agree as follows: 1, All recitals are true and correct and are expressly incorporated herein. Both parties agree that the “whereas” clauses incorporated herein are binding findings of the parties. Upon full execution of this Agreement, the Agency and HOI agrees to waive any and all appeals and proceedings to which it may be entitled including, but not limited to, an informal proceeding under Subsection 120.57(2), a formal proceeding under Subsection 120.57(1), appeals under Section 120.68, Florida Statutes; and declaratory and all writs of relief in any court or quasi-court (DOAH) of competent jurisdiction. Upon full execution of this Agreement, HOI agrees to pay $7,556.00 for attorney’s fees and costs to the Agency within 30 days of the entry of the Final Order. Venue for any action brought to enforce the terms of this Agreement or the Final Order entered pursuant hereto shall lie in the Circuit Court in Leon County, Florida. Upon full execution of this Agreement, the Agency shall enter a Final Order adopting and incorporating the terms of this Agreement and dismissing the above-styled case. Upon full execution this Agreement shall become effective on the date upon which it is fully executed by all the parties. This Agreement is binding upon all party’s herein. HOI for itself and for its related or resulting organizations, its successors or transferees, attorneys, heirs, and executors or administrators, does hereby discharge the State of Florida, Agency for Health Care Administration, and its agents, representatives, and attorneys of and from all claims, demands, actions, causes of 10. 11. 12. 13. 14. 15. action, suits, damages, losses, and expenses, of any and every nature whatsoever, arising out of or in any way related to this matter and the Agency’s actions, including, but not limited to, any claims that were or may be asserted in any federal or state court or administrative forum, including any claims arising out of this agreement, by or on behalf of HOI. The Agency for itself and for its related or resulting organizations, its successors or transferees, attorneys, heirs, and executors or administrators, does hereby discharge the HOI and its agents, representatives, and attorneys of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, arising out of or in any way related to this matter and HOl’s actions, including, but not limited to, any claims that were or may be asserted in any federal or state court or administrative forum, including any claims arising out of this agreement, by or on behalf of the Agency. This Agreement is intended to apply solely to this matter and may not be used by either party in connection with any future dispute that may arise between the parties. The undersigned have read and understand this Agreement and have authority to bind their respective principals to it. This Agreement contains the entire understandings and agreements of the parties. This Agreement supersedes any prior oral or written agreements between the parties. This Agreement may not be amended except in writing. Any attempted assignment of this Agreement shall be void. The following representatives hereby acknowledge that they are duly authorized to enter into this Agreement. Cus bb. Ayde be Elizabeth Dudek aniel Alter, Esq. Deputy S&cretary, Bunnell, Woulfe, Managed (Care and Keller, McIntyre & Gregoire, P.A., Health Quality Assurance Post Office Drawer 030340 Agency for Health Care Fort Lauderdale, Florida 33303 Administration DATED: AW2S Vas DATED: lave lo tie Maleg Valda Clark Christian General Counsel, Agency for Health Care Admin. 2727 Mahan Drive Tallahassee, FL 32308 DATED: fiohe LL L003

Docket for Case No: 03-001150F