Petitioner: GREYNOLDS PARK MANOR, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: FLORENCE SNYDER RIVAS
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Jul. 08, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 20, 2005.
Latest Update: Jan. 05, 2025
STATE OF FLORIDA Agee’ CLERK
AGENCY FOR HEALTH CARE ADMINISTRATION a
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GREYNOLDS PARK MANOR, INC,
PROVIDER NO. 020044100
Petitioner,
AUDIT C1. NO. 05-2846-000
vs. CASE NO. 05-2456MPI
AGENCY FOR HEALTH CARE
RENDITION a -05- -S-|
ADMINISTRATION, NO.: AHCA-05-O540) -S-MDO
Respondent. ca
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FINAL ORDER
U
ri
a Settlement
THE PARTIES resolved all disputed issues and executed
Agreement. The parties are directed to comply with the terms of the attached
settlement agreement. Based on the foregoing, this file is CLOSED.
raed
DONE and ORDERED on this the 24 day of _26°/7&H-_, 2005,
in Tallahassee, Florida.
tie Cae Lee
POM 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 furnished to:
Debora Fridie, Esquire
Agency for Health Care
Administration
(Interoffice Mail)
Martin E, Casper, M.P.H.
Greynolds Park Manor, Inc.
17400 West Dixie Highway
North Miami Beach, Florida 33160
(U.S. Mail) ,
Florence Snyder Rivas
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Tim Byrnes, Chief, Medicaid Program Integrity
Vicki Remick, Medicaid Program Integrity
John Hoover, Finance and Accounting
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 Sspfeber , 2005.
Agency Clerk
State of Florida
Agency for Health Care Administration
2727 Mahan Drive, Building #3
Tallahassee, Florida 32308-5403
(850) 922-5873
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
GREYNOLDS PARK MANOR, INC.
Petitioner,
DOAH Case No. 05-2456MPI
C.I. NO. 05-2846-000
vs.
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Respondent.
/
STIPULATION AND AGREEMENT
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION
(“AHCA” or “the Agency”), and GREYNOLDS PARK MANOR, INC.
(“PROVIDER”), by and through the undersigned, 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 number 020044100.
3. In its Final Agency Audit Report C.I. No. 05-2846-000
(the "Audit Letter") AHCA notified PROVIDER that review of
Medicaid 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 repayment of a
Medicaid overpayment in the amount of $7,292.28. In response,
Page 1 of 8
-Case No: 05-2456MPI
C.I. No. 05-2846-000
Greynolds Park Manor, Inc. vs. AHCA
* Stipulation and Agreement
PROVIDER petitioned for a formal administrative hearing with the
Division of Administrative Hearings, Case No. 05-2456MPI.
After the PROVIDER requested a formal hearing, AHCA reviewed
documentation that was previously unavailable to them. Based
upon that review, AHCA adjusted the Medicaid overpayment to
$3,766.77.
4. PROVIDER agreed to pay the adjusted Medicaid
overpayment amount of $3,766.77 plus some of AHCA’s
investigative costs, in the amount of $1,500.00, for a total
repayment amount of $5,266.77.
5. In order to resolve this matter without further
administrative proceedings, PROVIDER and AHCA expressly agree as
follows:
(a) AHCA will accept the total repayment amount set
forth in paragraphs 3 and 4 above herein as
settlement of the overpayment issues arising from
the MPI review cited in paragraph 3 above.
(b) Within thirty (30) days of issuance of the Final
Order, PROVIDER agrees to make a single payment to
AHCA of Five Thousand Two Hundred Sixty-Six and
77/100 Dollars ($5,266.77). O£ this amount,
$3,766.77 is to reimburse the Medicaid program for
overpayments, and $1,500.00 is to reimburse AHCA for
Page 2 of 8
“Case No: 05-2456MPI
C.I. No. 05-2846-000
Greynolds Park Manor, Inc. vs. AHCA
” Stipulation and Agreement
(c)
(d)
(e)
(f£)
investigative costs. AHCA retains the right to
perform a 6-month follow-up review.
PROVIDER is responsible for ensuring timely delivery
of the payment. Failure to timely make the payment
will render the balance due and payable immediately,
with interest, and interest will continue to accrue
until the entire balance is paid.
PROVIDER and AHCA agree that full payment as set
forth above will resolve and settle this case
completely and release all parties from all
liabilities arising from the findings in the audit
referenced as C.I. 04-2114-000.
PROVIDER agrees that it will not rebill the Medicaid
Program in any manner for claims that were not
covered by Medicaid, which are the subject of the
audit in this case.
PROVIDER agrees to fully cooperate with any follow
up reviews conducted by the Agency.
Payment shall be made to:
AGENCY FOR HEALTHCARE ADMINISTRATION
Medicaid Accounts Receivable
Post Office Box 13749
Tallahassee, Florida 32317-3749
Page 3 of 8
- Case No: 05-2456MPI
C.I. No. 05-2846-000
Greynolds Park Manor, Inc. vs. AHCA
* Stipulation and Agreement
And payment shall clearly indicate that it is per a stipulation
and agreement and shall reference the C.I. Number and the
Provider Number .
6. PROVIDER agrees that failure to pay any monies due and
owing under the terms of this Agreement shall 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 Stipulation
and Agreement under the laws of the State of Florida, the Rules
of the Medicaid Program, and all other applicable rules and
regulations.
8. Except as specifically set forth in paragraphs 3, 4,
and 5(b) above with regard to AHCA’s investigative costs, the
parties agree to bear their own attorney’s fees and other 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 Stipulation
Page 4 of 8
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C.I. No. 05-2846-000
Greynolds Park Manor, Inc. vs. AHCA
* Stipulation and Agreement
and Agreement to AHCA; however a facsimile copy shall be
sufficient to enable AHCA to cancel a hearing scheduled in this
case.
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 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. This Stipulation and Agreement does not
Page 5 of 8
- Case No: 05-2456MPI
C.I. No. 05-2846-000
Greynolds Park Manor, Inc. vs. AHCA
* Stipulation and Agreement
constitute an admission of wrongdoing or error by either party
with respect to this case or any other matter. However, the
parties believe that this matter should be resolved because the
parties have agreed to the terms contained within this
agreement.
13, PROVIDER expressly waives in this matter its right to
any hearing pursuant to §§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 stipulation and agreement and that adopts
this agreement and closes this matter.
14. 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, C.I. No. 05-2846-000, 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
Page 6 of 8
. Case No: 05-2456MPI
/-C.r. No. 05-2846-000
Greynolds Park Manor, Inc. vs. AHCA
Stipulation and Agreement
forum, including any claims arising out of this agreement, by or
on behalf of Provider.
15. 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.
16. 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 so prohibited,
and such prohibition shall not affect any other provision of
this Stipulation and Agreement.
17. This Stipulation and 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 in this
Stipulation and Agreement.
19. This Stipulation and Agreement shall be-in full force
and effect upon execution by the respective parties in
counterpart.
Page 7 of 8
. Case No: 05-2456MPI
-C.I. No. 05-2846-000
Greynolds Park Manor, Inc. vs. AHCA
* Stipulation and Agreement
PETITIONER GREYNOLDS PARK MANOR, INC.
BY: MECC gs Dated: gle] 0S , 2005
MATIN E- CaSfeR Execmue Di REcTo,
(Printed name and title)
AGENCY FOR HEALTH CARE
ADMINISTRATION
2727 Mahan Drive, Mail Stop #3
Tallahassee, FL 32308-5403
BY: pated: 9-Z£ ,2005
Inspector General
OC Wetter Cr larcor Dated: pptewcbey, 2005
CHRISTA CALAMAS
General Counsel
BY:
E. FRIDIE
Assistant General Counsel
BY: Gia. © in sr Dated: _\ seoten ber 7 ,2005
DEBO
Page 8 of 8
Docket for Case No: 05-002456MPI
Issue Date |
Proceedings |
Oct. 03, 2005 |
Final Order filed.
|
Sep. 20, 2005 |
Order Closing File. CASE CLOSED.
|
Sep. 02, 2005 |
Notice of Stipulation in Principle and Joint Motion to Close File filed.
|
Jul. 21, 2005 |
Order of Pre-hearing Instructions.
|
Jul. 21, 2005 |
Notice of Hearing by Video Teleconference (video hearing set for October 3, 2005; 9:00 a.m.; Miami and Tallahassee, FL).
|
Jul. 14, 2005 |
Joint Response to Initial Order filed.
|
Jul. 11, 2005 |
Initial Order.
|
Jul. 08, 2005 |
Final Agency Audit Report filed.
|
Jul. 08, 2005 |
Order of Dismissal without Prejudice Pursuant to Sections 120.54 and 120.569, Florida Statutes and Rules 28-106.111 and 28-106.201, Florida Administrative Code to Allow for Amendment and Resubmission of Petition filed.
|
Jul. 08, 2005 |
Request a Formal Administrative Hearing filed.
|
Jul. 08, 2005 |
Notice of Appearance (filed by M. E. Casper, M.P.H. Executive Director).
|
Jul. 08, 2005 |
Notice (of Agency referral) filed.
|