oA DMIMT STRATTON. on psesiense STATE OF FLORIDA AGENCY FOR HEATH CARE ADMINISTRATION YVONNE RUTHERFORD, M.D., Petitioner, AGENCY FOR HEALTH CARE me SE 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 wpm terms of the “settlement agreement”. Based on the im (Meu foregoing, this proceeding is CLOSED. a py) DONE and ORDERED on this the /“@—_ day of Fea a aa , 2009 in Tallahassee, Florida. Afan 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. Copies furndshe d-80t--—--es Vanessa A. Reynolds, Esq. Conrad & Scherer Post Office Box 14723 Fort Lauderdale, Florida 33302 Debora Fridie, Esquire Attorney for Agency AGENCY FOR HEALTH CARE " ADMINISTRATION , ; 2727 Mahan Drive © Fort Knox Building 3, Mail Stop 3 Tallahassee, Florida 32308 ’ ' Finance and Accounting John G. Van Laningham Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Medicaid Program Integrity 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 //**_ day of (Dene-> _, 200%% tl ws Richard Shoop, Esquire Agency~Clerk State of Florida Agency for Health Care mo Administration 2727 Mahan Drive, Building #3, Mail Stop 3 Tallahassee, Florida 32308-5403 \ STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS YVONNE RUTHERFORD, M.D. Petitioner, vs , . CASE NO. 04-4615MPI ; ‘ 95-0132-008 95-0132-009 AGENCY FOR HEALTH. CARE ADMINISTRATION, Respondent. , / STIPULATION AND AGREEMENT Respondent, Agency for Health Care Administration (a/k/a “AHCA” or “Agency”), and Petitioner, Yvonne . Rutherford, M.D. (a/k/a “Petitioner” or “Provider”), by and through their respective counsel, hereby stipulate and agree as follows: 1. The two parties enter into this agreement for the purpose of memorializing the resolution to this matter. 2. PROVIDER is a Medicaid provider in the State of Florida, operating under provider numbers 0406848 02 and 0406848 03. 3, In its Final Agency Audit Reports, C.I. No. 95-0132-008, dated October 7, 2004, and C.1. No. 95-0132- 009, dated October 15, 2004, (the “FAARs” or “Audit Letters) AHCA notified PROVIDER that review of Medicaid Page 1 of 7 Case No. 04-4615MPI yvonne Rutherford, M.D., vs. AHCA claims performed by Medicaid Program Integrity (MPI) indicated that, in its opinion, some claims in whole or in part were not covered by Medicaid. The Agency sought tepayment of an overpayment in the amount of $191,372.07 Mn ' for the October 7, 2004 FAAR, C.I. No. 95-132-008 and 560, 849.60 for the October 15, 2004, FAAR, C.I. No. 95- 0132+009. In response, PROVIDER petitioned for a formal administrative hearing with the Division of Administrative Hearings, Case No. 04-4615MPI. 4. There is a rule challenge case related to the issues in this cause, namely a challenge to the current Rule 59G-4.230, Florida Administrative Code, namely Wolfsdorf and Raszynski, M.D., Alberto Marante, M.D., and ( W veh ye nae Anwar M. Vardag, M.D., vs. AHCA, DOAH Case No. 05-0092RxX. The Rule incorporates by reference the Florida Medicaid Physician Services, Coverage, and Limitations Handbook (a/k/a “Physician Services Handbook” or “Handbook.”). 5. The rule challenge in Wolfsdorf, et. al., VS. AHCA, DOAH Case No. 05-0092RX, challenged the validity of the critical care rule contained in the Physician Services Handbook that was in effect during the audit period in this case (January i, 1997, through April 30, 2000) and that was applied to determine the overpayment alleged in the FAAR issued Page 2 of 7 ay Case No. 04-4615MPI ; Yvonne Rutherford, M.D., vs. AHCA 6. The Agency has recently engaged in new rulemaking that amends Rule 59G-4.230, F.A.C., the, accompanying Physician Services Handbook including the critical care rule, so that the Handbook is in compliance with federal Medicaid standards. The Rule Challenge Petition has been voluntarily dismissed with prejudice. 7. Under ‘the revised critical care rule, there would have been no Medicaid. overpayment alleged against the Petitioner based upon the then-existing critical care rule in either the October 7, 2004 FAAR, c.1. No. 95-132-008, or the October 15, 2004, FAAR,, C.I. No. 95-0132-009. 8. By virtue of this Stipulation and Agreement, the Agency rescinds both the October 7, 2004 FAAR, C.I. No. 95- 132-008, and the October 15, 2004, FAAR, C.1. No. 95-0132- 009, and agrees that it will not re-issue a FAAR alleging any overpayment for the January 1, 1997, through April 30, 2000 audit period. 9. Each of the parties will bear responsibility for the payments of its respective attorneys fees and costs associated with the above-referenced captioned cause. 10. Because both the October 7, 2004 FAAR, C.1I. No. 95-132-008, and the October 15, 2004, FAAR, C.I. No. 95- 0132-009 that form the basis for Petitioner’s Request for a Formal Administrative Hearing are rescinded by virtue of Page 3 of 7 Case No. 04-4615MPI Yvonne Rutherford, M.D., vs. AHCA this Stipulation and Agreement, there will remain no issue in contention between the parties for determination in either a formal or informal administrative hearing. ‘ 11. The signatories to this Agreement, acting ina tH t representative capacity, represent that they are duly authorized to enter into this Agreement on behalf of the respective parties. 12. 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. 13. This Agreement constitutes the entire. agreement etsy between PROVIDER and the AHCA, including anyone acting for, ( La 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. 14. 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 Page 4 of 7 my Case No. 04-4615MPI Yvonne Rutherford, M.D., vs. AHCA 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. Stipulation and Agreement that adopts this agreement and closes this matter. 15. Provider 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 action, suits, damages, losses and expenses, of any and every nature whatsoever, arising out of or in any way related to this matter, cI. No. 95-132-008, and C.I. No. 95-0132-009,and 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 Provider. 16. This Stipulation and 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. 17. To the extent that any provision of this Stipulation and Agreement is prohibited by law, for any reason, such provision shall be effective to the extent not Page 5 of 7 Case No. 04-4615MPI Yvonne Rutherford, M.D., vs. AHCA so prohibited, and such prohibition shall not affect any other provision of this Stipulation and Agreement. 18. This Stipulation and Agreement shall inure to the benefit of and be binding on each party’s successors, " ' assigns, heirs, administrators, representatives and trustees. “19. This Stipulation and Agreement shall be in full force and effect upon execution by the respective parties { owe in counterpart. PETITIONER YVONNE RUTHERFORD, M.D. Mery ‘| ALLAN M. GREISSMAN, M.D. Date: Ly lor , 2005 CONRAD & SCHERER, L.L.P. BY: Nonna VANESSA A. REYNOJ@S, ESQUIRE Date: Octo b4- CO , 2005 Page 6 of 7 By Case No. 04-4615MPI Yvonne Rutherford, M.D., vs. AHCA AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308-5403 BY: Date: CHRISTA CALAMAS General Counsel Date: Occencbev 7 1, 2005 Uta Orde DEBORA E. FRIDIE Assistant General Counsel Date: Noven hor / , 2005 Page 7 of 7

Docket for Case No: 04-004615MPI