STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION TIOAC AGENCY CLE ORTHOPAEDIC MEDICAL GROUP OF TAMPA BAY/STUART A. GOLDSMITH, P.A., Petitioner, vs. Case No. 07-2859FC AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / FINAL ORDER THE PARTIES resolved all disputed issues and executed a Settlement Agreement and Satisfaction and Release of Claim, and amendment thereto dated October 12, 2007, which are attached and incorporated by reference. The parties are directed to comply with the terms of the attached Settlement Agreement and Satisfaction and Release of Claim, and amendment. Based on the foregoing, this file is CLOSED. DONE AND ORDERED on this the_ 27 day of Crbsthe. , 2007, in Tallahassee, Florida. HA C. Agwunobi, ty 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: William M. Furlow, Ill, Esq. Akerman Senterfitt 106 East College Avenue Suite 1200 Tallahassee, FL 32301 The Honorable Daniel M. Kilbride Administrative Law Judge The Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 David W. Nam, Assistant General Counsel Agency for Health Care Administration (Interoffice) Linda Keen, Inspector General Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice) Tim Bymes, Chief Medicaid Program Integrity ' (Interoffice) Finance & Accounting (Interoffice) CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was served to the above named addresses by U.S. Mail this xXF day of _Cetpber., 2007. Richard Shoop, Agency CIlerR Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 (850) 922-5873 phone (850) 921-0158 fax STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ORTHOPAEDIC MEDICAL GROUP OF TAMPA BAY / STUART A. GOLDSMITH, P.A., Petitioner, vs. CASE NO. 07-2859FC STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. SETTLEMENT AGREEMENT AND SATISFACTION AND RELEASE OF CLAIM THE STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA” or “the Agency”), and ORTHOPAEDIC MEDICAL GROUP OF TAMPA BAY / STUART A. GOLDSMITH, P.A., (“PROVIDER”), and PROVIDER’s Counsel, AKERMAN, SENTERFITT, Attorneys, (“Provider’s Counsel”), referred to cumulatively herein as the “Parties”, by and through their undersigned representatives, hereby stipulate and agree as follows: 1. The parties enter into this settlement agreement and satisfaction and release of claim for the purpose of memorializing the resolution to this matter. 2. PROVIDER is a Medicaid provider in the State of Florida; with Medicaid provider number 374193100. 3. AKERMAN, SENTERFITT, Attorneys, are and were at all times Televant to this matter counsel for the PROVIDER. 3. This matter arises from the April 9, 2007, order issued by the First District Court of Appeal in Orthopaedic Med. Group of Tampa v. AHCA, Case No. 1D06-1658 at 1-2 (Fla. 1" DCA Apr. 9, 2007) (mandate issued May 29, 2007), whereby the Agency was directed by the court to pay the attorney fees and costs of the Provider, pursuant to s. 120.595(5), Fla. Stat., for the appellate case, and underlying administrative proceedings in DOAH Case No. 04-04625MPI. In response to the District Court's order, Provider's Counsel filed Petitioner’s Request to Determine and Award Attorney’s Fees and Costs, with the Division of Administrative Hearings which is assigned DOAH Case No. 07-2859FC. In the petition, Provider alleged entitlement to, and documented attorney fees in the amount of $113,908.50 and associated costs of $14,168.80. 4. In order to resolve this matter without further proceedings, and to protect the interests of the respective parties hereto, the parties expressly agree and stipulate as follows: (1) AHCA agrees to make payment to Counsel for Provider, Akerman, Senterfitt, Attorneys, Suite 1200, 106 East College Ave., Tallahassee, Florida, 32301, in the amount of $100,000.00 (one hundred thousand dollars and zero cents) within 30 days of issuance of a Final Order by the Agency adopting this Settlement Agreement and Satisfaction and Release of Claim, as full and complete resolution and satisfaction of any and all attorney fees and related costs and any and all other compensation or obligation whatsoever, to which Provider or Provider’s Counsel might now or in the future be entitled, arising from the order of the First District Court of Appeal in Orthopaedic Med. Group of Tampa v. AHCA, Case No. 1D06-1658 at 1-2 (Fla. * DCA Apr. 9, 2007) (mandate issued May 29, (2) (3) 2007), whereby the Agency was directed by the court to pay the attorney fees and costs of the Provider, pursuant to s. 120595(5), Fla. Stat., for the appellate and underlying administrative proceedings in DOAH Case No. 04-04625MPI. Akerman, Senterfitt, Attorneys, and Provider, each, individually and collectively, agree to accept said payment from AHCA as full and complete resolution and satisfaction of any and all attorney fees and related costs and any and all other compensation or obligation whatsoever, to which they might now or in the future be entitled, arising from the order of the First District Court of Appeal in Orthopaedic Med. Group of Tampa v. AHCA, Case No. 1D06-1658 at 1-2 (Fla. 1" DCA Apr. 9, 2007) (mandate issued May 29, 2007), whereby the Agency was directed by the court to pay the attorney fees and costs of the Provider, pursuant to s. 12Q595(5), Fla. Stat., for the appellate and underlying administrative proceedings in DOAH Case No, 04-04625MPI. Akerman, Senterfitt, Attorneys, and Provider, each, individually and collectively, agree to a full and complete release of AHCA for any and all attorney fees and related costs and any and all other compensation or obligation whatsoever, to which they might now or in the future be entitled, arising from the order of the First District Court of Appeal in Orthopaedic Med. Group of Tampa v. AHCA, Case No. 1D06-1658 at 1-2 (Fla. 1 DCA Apr. 9, 2007) (mandate issued May 29, 2007), whereby the Agency was directed by the court to pay the attorney fees and costs of the Provider, pursuant to s. 120595(5), Fla. Stat., for the appellate and underlying administrative proceedings in DOAH Case No. 04-04625MPI. 5. Payment shal] be made to: Akerman, Senterfitt, Attomeys Suite 1200, 106 East College Ave. Tallahassee, Florida, 32301 6. This settlement does not constitute an admission of wrongdoing or error by any party with respect to this case or any other matter. Further, the resolution to this matter is specific to the unique facts and circumstances and other particularized considerations involved in this matter, and in no way constitutes agency policy of general application or is precedent as to how the agency might address any other matter now or in the future presented to the Agency. 7. Each party shall bear its own attorneys’ fees, except as explicitly provided for herein. 8. The signatories to this Agreement, acting in their representative capacities, represent that they are duly authorized to enter into this Agreement on behalf of the respective patties. 9. This Agreement shall be construed in accordance with Florida law. Venue for any action arising from this Settlement Agrecment and Satisfaction and Release of Claim shall be in Leon County, Florida. 10. This Agreement constitutes the entire agreement between PROVIDER, Provider’s Counsel and AHCA, and any successors or assigns, 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, Provider’s Counsel and 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. 11. 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 Jaw, so that no misunderstanding or misinformation shall be a ground for rescission hereof. 12. PROVIDER and Provider’s Counsel expressly waives in this matter 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 and Provider’s Counsel further agree they will 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. 13. 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. . 14. To the extent that any provision of this Agreement is prohibited by law for any Teason, such provision shall be effective to the extent not so prohibited, and such prohibition shall not affect any other provision of this Agreement. 15, This Agreement shall inure to the benefit of and be binding on each party’s successors, assigns, heirs, administrators, representatives and trustees. 16. This Agreement shall be in full force and effect upon execution by the respective parties in counterpart. AKERMAN, SENTERFITT, Attomeys Leas hq al ‘q Datel: aap ( , 2007 BY: AO oy WY, Forlow (Print name) EDICAL GROUP OF TAMPA BAY/STUART A. GOLDSMITH, P.A. Qt — Dated: 4-7 , 2007 “py. STUART A GeubsiwT , m> (Print name) AGENCY FOR HEALTH CARE ADMINISTRATION 2727 Mahan Drive, Bldg. 3, Mail Stop #3 Tallahassee, FL 32308-5403 Nuw Dated: / O- 4-07 , 2007 Linda Keen Inspector General zd Dated: Oct. - aS , 2007 General Counsel Duk Dated: dus as i » 2007 David W. Nam Assistant General Counsel . SM Dated: OU pe) a5) , 2007 Kim Kellum Chief Medicaid Counsel FLORIDA AGENCY FOR HEALTH CARE ADMINSTRATION CHARLIE CRIST ANDREW C. AGWUNOBI, M.D. GOVERNOR SECRETARY October 12, 2007 Stuart A. Goldsmith, M.D. William M. Furlow, III, Esq. Orthopaedic Medical Group of Akerman Senterfitt, Attorneys Tampa Bay 106 East College Avenue 615 Vonderberg Drive Suite 1200 Brandon, Florida 3351) Tallahassee, Florida 32301 RE: — Written Amendment to Settlement Agreement and Satisfaction and Release of Claim for DOAH Case No. 07-2859FC. Dear Party Representatives: This written amendment will clarify the parties understanding and agreement regarding the status of Medicaid overpayment amounts owed by Orthopaedic Medical Group of Tampa Bay / Stuart A. Goldsmith, P.A. (Medical Provider No. 374193100.) The Settlement Agreement and Satisfaction and Release of Claim in DOAH Case No, 07-2859FC is intended to resolve only issues that relate to payment of attorney fees and costs. The Medicaid overpayment amount for the Final Agency Audit Report C.1. No. 01-0590-000, dated October 26, 2004, as determined by DOAH Case No. 04-4625MPI, is not affected by or otherwise addressed or disposed of by, Settlement Agreement and Satisfaction and Release of Claim for DOAH Case No. 07-2859FC. The Medicaid overpayment in DOATI Case No, 04-4625MPI remains an unresolved obligation of Orthopaedic Medical Group of Tampa Bay / Stuart A. Goldsmith, P.A., as do any other Medicaid overpayment amounts determined owed by the provider. The undersigned party representatives hereby agree that this written amendment is intended to be fully incorporated as part of the Settlement Agreement and Release and Satisfaction of Claim for DOAH Case No. 07- 2859FC. Party Fepresentatives Acknowledgement: ‘oOup of Tampa = er|67 LJ h.or In Lasso bat “s o7 Akerman Senterfitt, Attorneys Sincerely, David W. Nam Senior Attorney 2727 Mahan Drive Mail Stop #3 Tallahussee, FL 32308 Visit AHCA online at www fdhe. state flus

Docket for Case No: 07-002859FC