Petitioner: FRANK A. LOPEZ
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: JEFF B. CLARK
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Apr. 01, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 27, 2003.
Latest Update: Dec. 23, 2024
.
STATE OF FLORIDA ,
AGENCY FOR HEALTH CARE ADMINISTRATION} (5 |
DEES
FRANK A. LOPEZ, M.D., oe
Petitioner, "
JHC
vs. CASE NO. 03-1179MPI -
AHCA Provider No. 047010400
_CI.No. 97-1135-000//CM/HOT
AGENCY FOR HEALTH CARE Ra rh, 1-03- OF RR
ADMINISTRATION, PFardihon to. AMOS SSSSS-MDO
Respondent.
a /
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 8 _ day of Cures ;
2003, in Tallahassee, Florida.
Medows, MD, Secretary
r 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 APPEAI MUST BE
FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE
REVIEWED.
Copies furnished to:
William R. Rabinson, Esquire
Suite #1400
301 East Pine Street
P.O. Box 3068
Orlando, FL 32802-3068
Jeff B. Clark
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399
George Daven Shirejian, Esq.
Agency for Health Care Administration
(Interoffice Mail)
Rufus Noble, Inspector General
Agency for Health Care Administration
(Interoffice Mail)
Art Williams, Medicaid Program Integrity
Agency for Health Care Administration
(Interoffice Mail)
Willie Bivens, Finance and Accounting
Agency for Health Care Administration
(Interoffice Mail)
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 {2
day of ( UI Mat yt , 2003.
\¢ ay -
Who ‘one
&€Lealand McCharen, Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, Building #3
Tallahassee, Florida 32308-5403
(850) 922-5873
JUN-15-2633 15:53
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION JUN 20 2003
Agsncy for He:
FRANK A. LOPEZ, M.D. sare Administ;
Petitioner,
v. DOAH CASE NO. 03-1179/MPI
AHCA Provider No. 047010400
AGENCY FOR HEALTH CARE C.1.No. 97-1135-000/ /CM-M/HOT
ADMINISTRATION,
Respondent.
/
SETTLEMENT AGREEMENT
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION
(‘AHCA” or “the Agency”), and Frank A. Lopez, 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 047010400.
3. In its final agency audit report dated January 22, 2003 AHCA
notified PROVIDER that a review of Medicaid claims performed by Medicaid
Program Integrity (MPI), indicated that, in its opinion, some claims. in whole or
in part were rot covered by Medicaid. The Agency sought overpayment in the
amount of $92,560.03. In response to the final agency audit report, on
JUN-13-2683 15:52 32% F.O3
JUH-13-2€83 15:52 99%
Frank A. Lopez, M.D.
DOAH Case No. 03-1179MP1
Settlement Agreement
Page 2 of 5
February 11, “2003 PROVIDER filed a petition for a formal administrative
hearing.
4. The matter was referred to the Division of Administrative Hearings
(DOAH) and assigned DOAH Case No. 03-1179 M.PI,
S. In order to resolve this matter without further administrative
proceedings, PROVIDER and AHCA expressly agree as follows:
(a) AHCA agrees to rescind the Final Agency Audit Report dated
January 22, 2003.
(b) PROVIDER agrees that it will not re-bill the Medicaid Program
in any manner for claims that are the subject of the audit in this
case.
(c) The parties agree to bear their own attorney’s fees and costs, if
any.
6, 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.
7. AHCA reserves the right to continue to oversee the integrity of the
Medicaid Program, including but not limited to, investigating claims and
seeking recovery for claims that were included within the final agency audit
report dated January 22, 2003.
8. This settlement does not constitute an admission of wrongdoing or
error by either party with respect to this case or any other matter.
P.
2G
64
dial Wa sr eds soso
Frank A. Lopez. M.D.
DOAH Case Ne. 03-1179MPI
Settlement Agreement
Page 3 of 5
9. 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.
10. 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.
ll. This Agreement constitutes the entire agreement between
PROVIDER and 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 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.
12. 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.
wy
JUN-13-2383 15:52
* SUKe13-2803 15:59 ae
Frank A. Lopez, M.D.
DOAH Case No. 03-1179MPI
Settiement Agreement
Page 4 of 5
13. 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 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.
14. This Agreement is and shall be deemed jointly draftecdl and written
by all parties to it and shall not be construed or interpreted against the party
originating or preparing it.
15. 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.
16. This Agreement shall inure to the benefit of and be binding on each
party’s successors, assigns, heirs, administrators, representatives and
trustees,
17. All times stated herein are of the essence of this Agreement.
JUN-13-2803 15:52 93% P.@65
JUN-16-2803 15:29 GRAY ROBINSON 407? 244 5696 P.87/27
Frank A. Lopez, M.D.
DOAH Case No. 03-1179MPI
Settlement Agreement
Page 5 of 5
18. This Agreement shall be in full force and effect upon execution by
the respective parties in counterpart.
Sart /€ __, 2003.
Dated:
RUFUS-NOBLE Judi
Dated: Weguad- 8. 2003.
heting Inspector General
Y/N a : Dated: __§ __, 2003.
VALDA CLARK CHRISTIAN
General Counsel
TATA 2 AD
Docket for Case No: 03-001179MPI
Issue Date |
Proceedings |
Aug. 15, 2003 |
Final Order filed.
|
Jun. 27, 2003 |
Order Closing File. CASE CLOSED.
|
Jun. 24, 2003 |
Notice of Withdrawal and Rescission of Final Agency Audit Report Dated January 22, 2003 (filed by Respondent via facsimile).
|
May 13, 2003 |
Order of Pre-hearing Instructions issued.
|
May 13, 2003 |
Notice of Hearing issued (hearing set for July 11, 2003; 9:00 a.m.; Tallahassee, FL).
|
Apr. 29, 2003 |
Respondent`s Response to Initial Order (filed via facsimile).
|
Apr. 17, 2003 |
Order Denying Motion to Relinquish Jurisdiction issued.
|
Apr. 14, 2003 |
Petitioner`s Response to AHCA`s Motion to Relinquish Jurisdiction (filed via facsimile).
|
Apr. 14, 2003 |
Notice of Service of Petitioner`s First Set of Interrogatories to Respondent (filed by Petitioner via facsimile).
|
Apr. 10, 2003 |
Petitioner`s Response to Initial Order (filed via facsimile).
|
Apr. 09, 2003 |
Notice of Service of First Set of Interrogatories, Request for Admissions, & Request for Production of Documents (filed by Respondent via facsimile).
|
Apr. 08, 2003 |
Motion to Relinquish Jurisdiction to the Agency for Health Care Administration (filed by Respondent via facsimile).
|
Apr. 02, 2003 |
Initial Order issued.
|
Apr. 01, 2003 |
Notice of Appearance/Response to Final Agency Audit Report (filed by M. Bittman).
|
Apr. 01, 2003 |
Final Agency Audit Report filed.
|
Apr. 01, 2003 |
Petition for Evidentiary Hearing filed.
|
Apr. 01, 2003 |
Notice (of Agency referral) filed.
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