STATE OF FLORIDA op gece DIVISION OF ADMINISTRATIVE HEARINGS FERNANDO D. ORAMAS, M.D., Petitioner, CASE NO: 04-001278 C.I. No.00-1328-000 JUDGE: J.D. PARRISH Medicaid Provider No.: 040523001 Vv. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. FINAL ORDER < 3 q OZ ad I- AWW MON 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. H Le y 7 DONE and ORDERED on this the BE day of Kil le , 2006, in Tallahassee, Florida. fost Ie ‘fan Levine, 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. gaa Copies furnished to: Lawrence R. Metsch Attorney for Petitioner 1455 NW 147 St. Miami, FL 33125 John G. Van Laningham Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399 Anthony L. Conticello, Esquire Agency for Health Care Administration (Interoffice Mail) James D. Boyd, Inspector General Agency for Health Care Administration (Interoffice Mail) Timothy Byrnes, Bureau Chief Medicaid Program Integrity Agency for Health Care Administration (Interoffice Mail) Bureau of 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 AGA th Richard Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5873 STATE OF FLORIDA am AGENCY FOR HEALTH CARE ADMINISTRATION FF [ED | FERNANDO D. ORAMAS, M.D., 10 KAY -| P 205 na: GIVISIOH OF Petitioner, ADMINISTRATIVE HEARINGS vs. STATE OF FLORIDA, C] No.:00-1328-000 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / SETTLEMENT AGREEMENT STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA” or “the Agency”), and FERNANDO D. ORAMAS (“PROVIDER”) by and through undersigned counsel, hereby stipulate and agree as follows: 1. This Agreement is entered into for the purpose of memorializing the final resolution of the matters set forth in this Agreement. 2. PROVIDER is a Medicaid Provider in the State of Florida. 3. AHCA issued a final agency audit report CI No. 00-1328-000 (“the FAAL”) to the PROVIDER in connection with its review of Medicaid Claims filed by the PROVIDER. The total amount claimed by AHCA from the PROVIDER in the FAAL is $77,436.06 (the “Overpayment”), 4, Jn order to resolve this matter without any further proceedings, PROVIDER and AHCA expressly agree as follows: (a) AHCA agrees to accept the payment set forth herein in settlement of the overpayment issues arising from the above listed cases. S@:Tt 98G¢-TE-Ner c@'d (b) AHCA and PROVIDER acknowledge that the PROVIDER owes $77,436.06, (c) PROVIDER agrees to repay the entire Overpayment ($77,436.06) in full and complete settlement of all claims in the Cases. The PROVIDER shall zepay the Overpayment to AHCA in 18 equal monthly payments bearing interest at 10% per year The first payment shall be due 60 days after the entry of the Final Order. The remaining monthly payments shall be due the same day of the following months. The PROVIDER may pay the amount owing (including interest accrued to said point in time) early without any penalty. (d) PROVIDER and AHCA apree that full payment as set forth above will resolve and settle this case completely and release both parties from all liabilities arising from the Cases. (e) PROVIDER agtees that he will not rebill the Medicaid Program in any manner for claims that were not covered by Medicaid, which are the subject of the Cases. 5. Payment shall be made to: AGENCY FOR HEALTHCARE ADMINISTRATION Medicaid Accounts Receivable Post Office Box 13749 Tallahassee, Florida 32317-3749 And payment shall clearly indicate that it is per a settlement agreement, shal] reference both the Provider Number, and the C.I, Number. 6. PROVIDER agrees that failure to pay any monies due and owing under the terms of this Agreement shal] 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 S@:tT 94Ac~TE-NYEL fad regulations. 8. The parties agree to bear their own attorncy’s fees and costs, if any. 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. Furthermore, PROVIDER agrees that its signature alone binds PROVIDER to make the payment as set forth in this agreement. PROVIDER shall furnish the actual signed Settlement Agreement to AHCA, however a facsimile copy shall be sufficient to enable AHCA to cancel a final hearing, if one is pending, and have the Division of Administrative Hearings relinquish jurisdiction back to the Agency. 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. 11, 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 firth 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, sc that no misunderstanding or misinformation shall be a ground for rescission hereof. (3. PROVIDER expressly waives in this matter its right to any hearing pursuant to pa'd 9G:TT 9@82-TE-NoL 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 the Agency should issue a Final Order which is consistent with the terms of this settlement, that adopts this agreement and closes this matter. 14. Provider does hereby discharge and specifically release the Agency, its agents, representatives, and attorneys of record, from all claims, demands, actions, causes of action, suits, damages, losses and expenses, of any and every natute whatsoever, arising out of or in any way related to this matter (C.I, No. 02-0241-000), AHCA’s actions herein, 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 parties. 15. 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. 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. All 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. The PROVIDER agrees to cooperate in and consent to comprehensive follow-up reviews of the PROVIDER every six months to ensure that they are billing Medicaid correctly. 9@:1T 9a@2-TE-NUL Dated: Fy 4 | ay , 2006 Dated: B///OG __, 2006 in R. Metsch, Esq. Counsel for Provider FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 © Z %- Dated; 4-26 , 2006 Anthony Conticello JamesBoyd Dated: O//? . 2006 Assistant General Counsel Inspectoy-Genexal . C ufo Calancar pate 4/10 2006 Christa Calamas General Counsel aad. 94:TT Saae-TE-NYUL

Docket for Case No: 04-001278MPI