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FRANK A. LOPEZ vs AGENCY FOR HEALTH CARE ADMINISTRATION, 03-001179MPI (2003)

Court: Division of Administrative Hearings, Florida Number: 03-001179MPI Visitors: 4
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.
Source:  Florida - Division of Administrative Hearings

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