FILED AHCA STATE OF FLORIDA AGENCY CLERK AGENCY FOR HEALTH CARE ADMINISTRATIQ# pay -9 A 8 02 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Case No. 06-2672MPI Petitioner, C.I. No. 06-4367-000 vs. Case No. 06-267 1MPI QUEST DIAGNOSTICS CLINICAL C.1. No. 06-4366-000 LABORATORIES, INC., Respondent RENDITION NO.: AHCA CEC ‘241 -S-MDO / FINAL ORDER THE PARTIES resolved all disputed issues and executed a Settlement Agreement. The parties are directed to comply with the terms of the attached settlement agreement. Based on the foregoing, this file is CLOSED. DONE and ORDERED on this the «J _ day of Pay. , 2007, in Tallahassee, Florida. fre ne c. fan Ve i, M.D., Secretary Agency for Health Care Administration ah cd OL AVE Lt 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: Karen Dexter, Esquire Agency for Health Care Administration (Interoffice Mail) Angie Esquibell Compliance Manager Quest Diagnostics, Inc. 7721 Pirate Point Circle Arlington, TX 76016 (U.S. Mail) 3 SH el co Ol AYE Loge The Honorable R. Bruce McKibben Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Tim Byrnes, Bureau Chief, Medicaid Program Integrity (Interoffice Mail) Linda Keen, Inspector General (Interoffice Mail) Finance and Accounting (Interoffice Mail) 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 7 day of “Ze , 2007. Richard Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308-5403 (850) 922-5873 phone (850) 921-0158 fax Shed cl OF WA LU STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Case No.: 06-2672 MPI C.I. No.: 06-4367-000 Petitioner, vs. Case No.: 06-2671 MPI C.L No.: 06-4366-000 QUEST DIAGNOSTICS CLINICAL Pt LABORATORIES, INC., a 7 Respondent. = oss / oOo m oe 0 a a AND MUTUAL CONSENT TO FINAL ORDER e r STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA” or “the Agency”), and Quest Diagnostic Clinical Laboratories, Inc. (“Quest”), by and through the undersigned, hereby stipulate, resolve and agree as follows: 1. The parties enter into this Agreement for the purpose of memorializing the resolution to each matter set out in the style of the cases above and to, upon execution of this Agreement, effectuate that resolution without need of further proceedings. 2. Quest is a full service clinical laboratory and a Florida Medicaid Provider. The services at issue were performed at two different laboratory locations having the following provider numbers: 030149300 and 030149300 (“Providers”). Quest was a provider during the audit period. 3. In its Final Agency Audit Reports (final agency action) dated June 22, 2006 C.I. No.: 06-4367-000 and June 26, 2006, C.I. No.: 06-4366-00 respectively, AHCA notified Providers that review of Medicaid claims performed by Medicaid Program Integrity (MPI), Quest Diagnostics Settlement Agreement Office of the AHCA Inspector General, indicated that certain claims, in whole or in part, had been inappropriately paid by Medicaid. 4. The Agency sought recoupment of these overpayments, in the amount of $169,025.40 and $136,170.35 respectively. In response to the audit letters dated June 22, 2006, and June 26, 2006 Providers filed a petition for a formal administrative hearing, which was assigned DOAH Case No. 06-2672 MPI and Case No. 06-2671 MPI respectively. 5. Prior to a final hearing, Quest and the Agency attempted to resolve the allegations raised in them. Quest provided the Agency with additional documentation. 6. Pursuant to negotiations, the parties now agree to resolve the issues raised in above captioned FAARs as follows: a. By signing the Settlement Agreement and adopting it entirely by a Final Order, * the Agency hereby rescinds the FAAR’s captioned above. b. Quest will, upon execution of this Agreement and its incorporation into Final Order, hereby withdraw its Petitions for Request for Formal Hearing. c. The Agency reserves its right to conduct a comprehensive audit on Provider during the same time period as the above referenced FAARs. The Agency, however agrees that any such audit will be initiated by a demand for records and will include an opportunity for Provider and the Agency to discuss policy interpretation. d. Each party shall bear their own attorneys’ fees and costs, if any, and specifically waives any claim to such fees or costs, against the other party, under any theory of recovery. 7. The signatories to this Agreement, acting in a representative capacity, confirm they are duly authorized to enter into this Agreement on behalf of their respective priaciple. Gi Zi cd OF Ly wal Quest Diagnostics Settlement Agreement 8. This Agreement shall be construed in accordance with the provisions of the laws of Florida. Venue for any action or dispute arising from this Agreement shall be in Circuit Court, Leon County, Florida. 9. This Agreement constitutes the entire agreement between the: parties, including anyone acting for, associated with or employed by them, and supersedes any prior discussions, agreements or understandings. There are no promises, representations or agreements between the parties, other than as set forth herein. No modification or waiver of any provision shall be valid unless a written amendment to this Agreement is completed and properly executed by each of the parties. 10. 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 jncorrectness of their understandings, information and contentions as to facts and law, so that no misunderstanding or misinformation shall be a ground for rescission hereof. 11. 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. 12. 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. 13. This Agreement shall inure to the benefit of and be binding on each party’s successors, assigns, heirs, administrators, representatives and trustees. 14. All times stated herein are of the essence of this Agreement. VA cl OF Lye jen Quest Diagnostics Settlement Agreement 15. | This Agreement shall be in full force and effect upon execution by the respective parties in counterpart. QUES GNOSTICS CLINICAL LABORATORIES, INC. Lu A Geto $$ Dated: €/-@ 2007 BY: on < (Print namey THER: L)ey brecdeib Couplake AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308-5403 Lynde Kee Dated: 0-3 2007 Linda/Keen Inspector General Qush Ge Dated: FI (F 2007 Taig Smi General Counsel Dated: vo, 2007 Dexter Assistant General Counsel

Docket for Case No: 06-002672MPI