; STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION —~ wr 102i ci et 934 son . MICHAEL RAYMOND ROSS Petitioner, vs. | ; AHCA No.: 2005002961 " . DOAH No.: STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, a0 mo Respondent. _/ FINAL ORDER The State of Florida, Agency for Health Care Administration, having entered into a Stipulation and Settlement Agreement with the parties. to these proceedings, and being otherwise well advised in the premises, finds and concltides as follows: It is ORDERED that: 1. The attached Stipulation and Settlement Agreement is approved, adopted and made a part of this Final Order. The parties are directed to comply with the terms of the Stipulation and Settlement Agreement. 2. Subsequent to being served with the Petitioner’s’ Request for a Formal Hearing, AHCA was provided with information that demonstrated Petitioner’s practical experience as a health care risk manager. The Agency issued a Rescind Notice of Intent to Deny Application for Licensure as a Health Care Risk Manager, which renders this case moot. See Exhibit i. Tay 3. The above-styled case is hereby dismissed. DONE and ORDERED this Hk, of pases. 2006, in Tallahassee, Leon County, Florida. . ' Alan Levine, Secretary : ' Agency for Health Care Administration 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. TTS 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: Lourdes A. Naranjo, Esq. ' ; Assistant General Counsel. , ; Agency for Health Care Administration 8350 N. W. 52 Terrace - Suite 103 Miami, Florida. 33166 (Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive Bldg #1 Mail Stop Code #9 Tallahassee, Florida 32308 (Interoffice Mail) Jean Lombardi Finance & Accounting Agency for Health Care Administration 2727 Mahan Drive Mail Stop Code #14 Tallahassee, Florida 32308 (Interoffice Mail) Jan Mills Intake |, Agency for Health Care Administration 2727 Mahan Drive ; - Tallahassee, Florida 32308 (Inter-office Mail) John G.'Van Laningham Administrative Law Judge ; Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399 (U.S. Mail) Michael Raymond Ross 8521 S. W. 142 Street Miami, Florida 33158 (U.S. Certified Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was mailed to the Heri above-named addressees on this 2 day of aca , 2006. {, HY . Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32303 (850) 922-5873 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION t MICHAEL RAYMOND ROSS, , . ‘ Petitioner, ; AHCA No.: 2005002961 v. \ , DOAH No.: 05-2183 ! STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. STIPULATION AND SETTLEMENT AGREEMENT Respondent, | State of Florida, Agency for Health Care Administration (hereinafter the “Agency”), by and through their undersigned representatives, _ and Michael Raymond’ Ross (hereinafter. “Michael Raymond Ross”) | pursuant to Section 120.57(4), Florida Statutes (2004) each individually, a “party”, collectively as “parties,” hereby enter into this Stipulation and Settlement Agreement (“Agreement”) and agree as follows: WHEREAS, Michael Raymond Ross is a Health Care Risk Manager licensed pursuant te Chapter 2395, Florida Statutes (2004) and Chapter. 59A-10, Florida Administrative Code, (2004); and WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing authority over Health Care Risk Managers pursuant to Chapter 395, Florida Statutes (2004); and WHEREAS, the Agency served Michael Raymond Ross with as Notice of Intent to Deny Application for Licensure as a Health Page 1 0f 5 Care Risk Manager on April 15, 2005 notifying him of its intent to deny his application for license as a Health Care Risk Manager until such time that applicant submitted evidence satisfactory to the Agency which demonstrated the applicant's competende in the health care risk management area; and 'WHEREAS, Michael Raymond Ross requested a formal administrative hearing in a petition to the Agency dated May 3, 2005; and ‘WHEREAS, the parties have agreed that a fair, efficient, and cost effective resolution of this dispute would avoid the expenditure of substantial sums to litigate the dispute; and WHEREAS, the parties have negotiated and agreed that the best interest of all the parties will be served by a settlement of this ‘proceeding; and 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. 2. Both parties agree that the “whereas” clauses incorporated herein are binding findings of the parties. 3. Upon full execution of this Agreement, Michael Raymond Ross agrees to a withdrawal of his Petition for Formal Administrative Proceedings; agrees to waive any and all appeals Page 2 of 5 “Wy and proceedings; agrees to waive compliance with the form of the ; \ ‘ Final. Order (findings of fact and conclusions of law) 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. 4. Subsequent to being served with the Petitioner's Request for a Formal Hearing, AHCA was provided with information that demonstrated Petitioner’s practical experience as a health care risk manager. The Agency issued a Rescind Notice of Intent to Deny Application for Licensure as a Health Care Risk ‘Manager on December 15, 2005, which renders this case moot. 5. 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. 6. 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. 7. Each party shall bear its own costs and attorney's fees. 8. This Agreement shall become effective on the date upon which it is fully executed by all the parties. Page 3 of 5 9.:. Michael Raymond Ross for himself and for his related or resulting organizations, his successors or transferees, attorneys, heirs, and executors. or administrators, does hereby discharge the State of Florida, Agency for Health Care Administtation, 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 réiated 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 Michael Raymond Ross. ‘ Wepity 10. This Agreement is binding upon all parties herein and those identified in the aforementioned paragraph nine (9) of this Agreement. 11. .The undersigned have read and understand this Agreement. and have authority to bind their respective principals to it. 12. This Agreement contains the entire understandings and agreements of the parties. 13. This Agreement supersedes any prior oral or written agreements between the parties. . 14. This Agreement may not be amended except in writing. Any attempted assignment of this Agreement shall be void. Page 4 of 5 The following representatives hereby acknowledge that they are i] i) duly authorized to enter into this Agreement. ‘ Elizabeth Dude. Deputy Secretary. Division of Health Quality Assurance : Agency for Health. Care Administration __ 2727 Mahan Drive Tallahassee, FL 32308 DATED: 4 Sy a Llane Christa Calamas General Counsel Agency for Health Care Administration 2727 Mahan Drive Tallahassee, FL 32308 DATED : J/17]9@ . Street Florida 33158 ' 8521 S. W. 14 Miami, _ DATED: IL Ab Jes Page 5 of 5

Docket for Case No: 05-002183