STATE OF FLORIDA eee os an AGENCY FOR HEALTH CARE ADMINISTRATION ‘ nO 8 IMS AP SS OAKWOOD CENTER OF THE PALM BEACHES, INC. Petitioner, VS. DOAH CASE NO. 04-2014MPI AHCA Provider No, 060324401 Audit No. C.L. 04-2265-000 AGENCY FOR HEALTH CARE > = a T1 ADMINISTRATION, ze 3 -— Bae oy Respondent. 20 aa = OS ae) 5 —_- eae a) =< va FINAL ORDER m 5s THE PARTIES resolved all disputed issues and executed a settlement agreement, which is attached and 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. 4 DONE AND ORDERED on this the / ge day of W422 2re » 2006, in Tallahassee, Florida. an Levine, Secret: Agency for Health Care Administration A PARTY WHOIS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY AND Copies Furnished to: James M. Barclay Ruden McClosky 215 South Monroe Street Suite 815 Tallahassee, Florida 32301 Jeffries H. Duvall, Assistant General Counsel Agency for Health Care Administration (Interoffice) James Boyd, Inspector General Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice) Tim Byrnes, Chief Medicaid Program Integrity (Interoffice) Finance & Accounting (Interoffice) CERTIFICATE OF SERVICE —ee OF SERVICE IT HEREBY CERTIFY that a true and correct copy of the foregoing was served to the above named addresses by U.S. Mail this ZZ tay of Force f , 2006. Richard Shoop, Agency Cler Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 (850) 922-5873 nN STATE OF FLORIDA FILED DIVISION OF ADMINISTRATIVE HEARINGS OAKWOOD CENTER OF 1h APR 24 =P 1:42 THE PALM BEACHES, INC. ADMINISTRATIVE Petitioner, HEARINGS DOAH CASE NO. 04-2014MPY AHCA Provider No. 060324401 Audit No. C.L. 04-2265-000 vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. ey SETTLEMENT AGREEMENT STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (AHCA” or “the Agency”), and OAKWOOD CENTER OF THE PALM BEACHES, INC. (“PROVIDER”), by and through the undersigned, hereby stipulate and agree as follows: 1. PROVIDER is a Medicaid provider in the State of Florida, provider number 060324401 and was a provider during the self-audit period. 2. In its provider self-audit report (final agency action) dated April 23, 2004, AHCA notified PROVIDER that review of the self-audit performed by the provider, indicated that certain claims, in whole or in part, were not covered by Medicaid. The Agency sought recoupment of this overpayment, in the amount of $460,678.87. In response to the audit letter dated April 23, 2004, PROVIDER filed a petition for a formal administrative hearing, which was assigned DOAH Case No. 04-2014MPL 3. In order to resolve this matter without further administrative proceedings, PROVIDER and the AHCA expressly agree as follows: () (2) (3) (4) (5) AHCA agrees to accept the payment set forth herein in settlement of the overpayment issues arising from the provider self-audit report and MPI review. PROVIDER and AHCA agree io a settlement amount of Four Hundred Sixty Thousand, Six Hundred Seventy-Hight Dollars and Righty-Seven Cents ($460,678.87), plus interest at the prevailing statutory rate since April 23, 2004. PROVIDER agrees to make a lump sum payment of $200,000 within thirty days of receipt of the Final Order. The balance. including accrued interest, shall be paid, along with statutory interest, payable in twelve (12) equal consecutive monthly payment until the balance, including interest, is paid in full. PROVIDER and AHCA agree that full payment as set forth above will resolve and settle this case completely and release both parties from all liabilities arising from the findings in the audit referenced as C1. No. 04-2265~000. 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 will cooperate in a comprehensive follow-up review within 6 months of the Final Order in this case to ensure that PROVIDER is billing Medicaid properly. 4. Payment shall be made to: AGENCY FOR HEALTH CARE ADMINISTRATION Medicaid Accounts Receivable Post Office Box 13749 Tallahassee, Florida 32308 5. 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 ay Medicaid claims. 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. This settlement does not constitute an admission of wrongdoing or error by either party with respect to this case or any other matter. 8. Each party shall bear its own attorneys’ fees and costs, if any, except as set forth herein. 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 Jaws 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 contentioris as to facts and law, so that no misunderstanding or misinformation shall be a ground for rescission hereof. 13. PROVIDER expressly waives in this matier 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 which is consistent with the terms of this settlement agreement 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 drafted 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. 18. This Agreement shall be in full force and effect upon execution by the respective parties. OAKWOOD CENTER OF THE PALM BEACHES, INC. > he L/ fox p Ly Dated: 3/ / 4 , 2006 BY: Linda C. DePiano, Ph.D. (Print name) ITS: chief Executive Officer FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308-5403 Dated: 4 17 , 2006 J D. Boyd Inspector General Dated: hp , 2006 Ve (Clucrte Celanor Dated: HPV IS 2006 Christa Calamas General Counsel , PRWAY Kean Dated: 3{ 24 , 2006 Kim Kellum Chief Medicaid Counsel

Docket for Case No: 06-000764MPI