Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: KINDRED HOSPITALS EAST, LLC, D/B/A KINDRED PHARMACY SERVICES JACKSONVILLE
Judges: BARBARA J. STAROS
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jan. 25, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 19, 2007.
Latest Update: Jan. 24, 2025
FU em giLeD
STATE OF FLORIDA Mee Caf ANC
4 PATCA
DIVISION OF ADMINISTRATIVE nearrhebAuy , “NOY CLERK
An Slow nm.
AGENCY FOR HEALTH CARE " Misre o
ADMINISTRATION, BOA RU TAT Ve
Ves
Petitioner,
vs CASE NO. 07-0464MPI
CI NO. 02-0325-000-3/H/RDS
RENDITION NO.: AHCA“6¥1- 044 3 -S-MDO
KINDRED HOSPITALS EAST, L.L.C.
d/b/a KINDRED PHARMACY SERVICES
f£/k/a VENCOR HOSPITALS EAST, L.L.C.,
Respondent.
FINAL ORDER
THE PARTIES resolved all disputed issues and executed
a “Stipulation and Agreement,” which is incorporated by
reference. The parties are directed to comply with the
terms of the “Stipulation and Agreement.” Based on the
foregoing, this proceeding is CLOSED.
DONE and ORDERED on this the /5_ day of
, 2007, in Tallahassee, Leon County,
Florida.
AndyYew C. Agwunobi, M.D.
, Secretary
Agency for Health Care Administration
CASE NO. 07-04646MPI
C.I. NO. 02-0325-000-3/H/RDS
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:
Matthew B. Steinberg, Attorney for Respondent Kindred
680 South Fourth Street
Louisville, Kentucky 40202-2407
Debora Fridie, Esquire
Attorney for Agency
Agency for Health Care
Administration
2727 Mahan Drive
Fort Knox Building 3, Mail Stop 3
Tallahassee, Florida 32308
The Honorable Barbara J. Staros
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Medicaid Program Integrity, MS #6
Finance and Accounting, MS #14
CASE NO. 07-04646MPI
C.T. NO. 02-0325-000-3/H/RDS
CERTIFICATE OF SERVICE
SS VE BERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing Final Order has been furnished to the above named
addressees by U.S. Mail on this the LE. day of
74545 , 2007.
Agency Clerk
State of Florida
Agency for Health Care
Administration
2727 Mahan Drive,
Building #3, Mail Stop 3
Tallahassee, Florida 32308-5403
=H ep
a vaso
DIVISION OF ADMINISTRATIVE HEARINGS MH AG IT ATE 1b
AGENCY FOR HEALTH
CARE ADMINISTRATION,
Petitioner, Case No. 07-0464MPI
vs.
KINDRED HOSPITALS EAST, LLC,
d/b/a KINDRED PHARMACY
SERVICES JACKSONVILLE, FL
Respondent.
STIPULATION AND AGREEMENT
The Petitioner, STATE OF FLORIDA, AGENCY FOR HEALTH CARE
ADMINISTRATION (a/k/a “AHCA” or “Agency”), and the Respondent,
KINDRED HOSPITALS EAST, LLC, d/b/a KINDRED PHARMACY
SERVICES, a/k/a “PROVIDER” or “KINDRED”), 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 02-15333-00.
3. In its Final Agency Audit Report, C.I. No. 02-0325-
000-3/H/RDS (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
Page 1 of 9
Case No: 07-0464MPI
C.I. No. 02-0325-000-3/H/RDS
AHCA v. Kindred
Stipulation and Agreement
sought repayment of an overpayment amount of the amount of
$68,424.58.
In response, PROVIDER petitioned for a formal
administrative hearing with the Division of Administrative
Hearings, Case No. 07-0464MPI. After the provider requested a
formal hearing, AHCA reviewed additional information that was
previously unavailable to them. Based upon that review, AHCA
adjusted the overpayment amount to $29,393.66. PROVIDER has
agreed to pay the adjusted overpayment amount of $29,393.66 plus
some of AHCA’s investigative costs in the amount of $506.34, for
a total repayment amount of $29,900.00.
4, In order to resolve this matter without further
administrative proceedings, PROVIDER and AHCA expressly agree as
follows:
(a) AHCA will accept the payment set forth 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 Twenty~Nine Thousand Nine Hundred and no/100
Dollars ($29,900.00). Of this amount, $29,393.66 is
to reimburse the Medicaid Program for the
overpayment amount due, and $506.34 is to reimburse
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Case No: 07~0464MPI
C.1I. No. 02-0325-000-3/H/RDS
AHCA v. Kindred
Stipulation and Agreement
(c)
(a)
(e)
(f)
AHCA in part for 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. 02-0325-000-3/H/RDS.
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
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Case No: 07-0464MPI
C.I. No. 02-0325-000-3/H/RDS
AHCA v. Kindred
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 and
4(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 ina
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
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Case No: 07-0464MPI
C.I. No. 02-0325-000-3/H/RDS
AHCA v. Kindred
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.
li. 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
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Case No: 07-0464MPI
C.I. No. 02-0325-000-3/H/RDS
AHCA v. Kindred
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 which
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. 02-0325-000, 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
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Case No: 07-0464MPI
C.I. No. 02-0325-000-3/H/RDS
AHCA v. Kindred
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 9
Case No: 07-0464MPI
C.I. No. 02-0325-000-3/H/RDS
AHCA v. Kindred
Stipulation and Agreement
RESPONDENT
KINDRED PHARMACY SERVICES
LL ges
Berets “Vomasett ls cro
(Printed name and title)
Date: Joby = , 2007
KINDRED PHARMACY SERVICES
BY:
Attorney for Respdndent Kindred
Date: July lo , 2007
Page 8 of 9
Case No: 07-0464MPI
C.I. No. 02-0325-000-3/H/RDS
AHCA v. Kindred
Stipulation and Agreement
AGENCY FOR HEALTH CARE
ADMINISTRATION
2727 Mahan Drive, Mail Stop #3
Tallahassee, FL 32308-5403
BY: Zo Le. Keen
LINDA / KEEN
Inspector General
Date: fare /S_ , 2007
IG X. SMITH
General Counsel
Date: Arsvot _| , 2007
+ .
tI MAL
DEBO. E. FRIDIE
Assistant General Counsel
Date: Ju / / 7
1, 2007
Page 9 of 9
Docket for Case No: 07-000464MPI
Issue Date |
Proceedings |
Aug. 17, 2007 |
Final Order filed.
|
Jun. 19, 2007 |
Order Closing File. CASE CLOSED.
|
Jun. 18, 2007 |
Notice of Stipulation in Principle and Joint Motion to Close File filed.
|
May 30, 2007 |
Agency`s Notice of Service of Responses and Objections to Kindred`s Discovery Requests filed.
|
Apr. 26, 2007 |
Order Re-scheduling Hearing (hearing set for July 24 and 25, 2007; 9:30 a.m.; Tallahassee, FL).
|
Apr. 24, 2007 |
Notice of Unavailability of Counsel for the Petitioner Agency filed.
|
Apr. 12, 2007 |
Amended Joint Response to Order Granting Continuance filed.
|
Apr. 12, 2007 |
Joint Response to Order Granting Continuance filed.
|
Apr. 10, 2007 |
Petitioner Agency`s Notice of Service of Second Request for Production of Documents to Respondent Kindred Hospitals East, LLC filed.
|
Apr. 10, 2007 |
Petitioner Agency`s Second Request for Production of Documents to Respondent Kindred Pharmacy Services filed.
|
Apr. 04, 2007 |
Order Granting Continuance (parties to advise status by April 13, 2007).
|
Apr. 04, 2007 |
Order Accepting Qualified Representative.
|
Apr. 02, 2007 |
Respondent`s Motion for Continuance filed.
|
Apr. 02, 2007 |
Letter to Judge Staros from M. Steinberg regarding request for qualification of representative (Affidavit attached) filed.
|
Mar. 14, 2007 |
Petitioner Agency`s Notice of Service of First Interrogatories and First Expert Interrogatories to Respondent Kindred Pharmacy Services filed.
|
Mar. 14, 2007 |
Petitioner Agency`s First Request for Production of Documents to Respondent Kindred Pharmacy Services filed.
|
Mar. 13, 2007 |
Order on Agency`s Motion to Compel.
|
Mar. 05, 2007 |
Agency`s First Request for Admissions filed.
|
Mar. 01, 2007 |
Agency`s Motion to Compel Discovery Responses filed.
|
Feb. 01, 2007 |
Order of Pre-hearing Instructions.
|
Feb. 01, 2007 |
Notice of Hearing (hearing set for April 17 and 18, 2007; 9:30 a.m.; Tallahassee, FL).
|
Feb. 01, 2007 |
Joint Response to Initial Order filed.
|
Jan. 26, 2007 |
Initial Order.
|
Jan. 26, 2007 |
Petitioner Agency`s Notice of Service of First Interrogatories and First Expert Interrogatories and Request for Production of Documents to Respondent Kindred Hospitals East, LLC filed.
|
Jan. 25, 2007 |
Pharmacy Audit-Final Report filed.
|
Jan. 25, 2007 |
Final Agency Audit Report filed.
|
Jan. 25, 2007 |
Request for Administrative Hearing filed.
|
Jan. 25, 2007 |
Order filed.
|
Jan. 25, 2007 |
Notice (of Agency referral) filed.
|