STATE OF.FLGRIDA AGENCY FOR H CARE ADMINISTRATION oe eS LADIA & LADIA, MDS, P.A. ADMINISTRATIVE DOAH No.: 08-1054 ¥ 00 HEARINGS CASE NO.: 2008001656 RENDITION NO.: AHCA-08- 0324 -S-OLC Petitioner, vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / FINAL ORDER 8 Vt Yd¥ ogoz Having reviewed the Notice of Intent to Deem Application Incoraplete and Withdrawn from Further Review dated February 11, 2008, attached hereto and incorporated herein (Ex. 1), and all other matters of record, the Agency for Health Care Administration (“Agency”) has entered into a Settlement Agreement (Ex. 2) with the parties to these proceedings, and being otherwise well-advised in the premises, finds and concludes as follows: ORDERED: 1. The attached Settlement Agreement is approved and adopted as part of this Final Order, and the parties are directed to comply with the terms of the Settlement Agreement. 2. The Petitioner shall pay, within thirty (30) days of the date of rendition of this Order, a late renewal fee in the amount of fifty dollars ($50.00). 3. Checks should be made payable to the “Agency for Health Care Administration.” The check, along with a reference to this case number, ~should-be-sent-directhy—tos-————————— ini i cnn Agency for Health Care Administration Office of Finance and Accounting Revenue Management and Accounting 2727 Mahan Drive, MS #14 Tallahassee, Florida 32308. 4. Unpaid fines pursuant to this Order will be subject to statutory interest and may be collected by all methods legally available. 5. The Petitioner’s petition for a formal administrative proceeding is hereby dismissed. 6. Each party shall bear its own costs and attorney’s fees. 7. The Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review dated February 11, 2008, as to the Petitioner’s renewal application for licensure, is deemed superseded. 8. The above-styled case is hereby closed. DONE and ORDERED this Vaay of _ AAaecK__ , 2008, in Tallahassee, Leon County, Florida. Holly Benson, Secretary Agency for Ith Care Administration A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO 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 OF 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: --Elizabeth-Dudek-.----—--——---. »-----Amie-C: Ragane; Senior Attorney —- Deputy Secretary Agency for Health Care Admin. Agency for Health Care Admin. Office of the General Counsel 2727 Mahan Drive, Bldg #1, MS #9 Sebring Building, Suite 330L Tallahassee, Florida 32308 525 Mirror Lake Drive North (Interoffice Mail) St. Petersburg, Florida 33701 Interoffice Mail) Jan Mills Lilia Ladia, M.D. Agency for Health Care Admin. Ladia & Ladia, MDS, P.A 2727 Mahan Drive, Bldg #3, MS #3 210 Northeast 19" Drive Tallahassee, Florida 32308 Okeechobee, Florida 34972 (Interoffice Mail) (U.S. Mail) John G. Van Laningham Agency for Health Care Admin. Administrative Law Judge Office of Finance and Acct. Division of Administrative Hearings Revenue Management and Acct. The DeSoto Building 2727 Mahan Drive, MS #14 1230 Apalachee Parkway Tallahassee, Florida 32308. Tallahassee, Florida 32399-3060 (Interoffice Mail) _(interoffice Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Final Order was served on the above-named person(s) and entities by U.S. Mail, or the method designated, on this the / aay of , 2008. Richard Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5873 - @3-@5-2208 16:28 LADIA AND LADIA 98637632319 PAGE2 . go /, STATE OF FLORIDA [8 4p £ & le AGENCY FOR HEALTH CARE ADMINISTRATION Pay, 8d LADIA & LADL Anfilzs,. Obs ‘A, MDS, P.A., Hisey o 2/ MISSY on Petitioner, Vining ve . DOAHINo.: 08-1054 STATE OF FLORIDA, AGENCY FOR HEALTH CARE AMINISTRATION, FRAES No.: 2008001656 Respondent. / SETTLEMENT AGREEMENT Respondent, State of Florida, Agency for Health Care Administration (hereinafter the “Agency”), through its undersigned representatives, and Petitioner, Ladia & Ladia, MDS, P.A.. (hereinafter “Petitioner”), pursuant to Section 120.57(4), Florida Statutes, each individually, a “party,” collectively as “parties,” hereby enter into this Settlement Agreement (“Agreement”) and agree as follows: WHEREAS, the Petitioner is a clinical laboratory licensed pursuant to Chapters 408, Part 1) and 483, Part I, Florida Statutes and Chapter 59A-7, Florida Administrative Code; and WHEREAS, the Agency has jurisdiction by virtue of being the regulatory and licensing authority over licensure of Petitioner; and WHEREAS, the Agency served the Petitioner with a Notice of Intent to Deem Application Incomplete and Withdrawn from Further Review, notifying the Petitioner of its intent to withdraw its application from further review; and WHERAS, the Petitioner requested a Formal Administrative Hearing by selecting “Option 3” of the Election of Rights Form; and EXHIBIT 2 or Vriy 2008-03-05 14:55 727552 14a0 Page 2/9 + @3-@5-2088 16:28 LADIA AND LADIA 8637632319 PAGES WHEREAS, the parties have agreed that a fair, efficient, and cost effective resolution of this dispute would avoid the expenditure of substantial sums to litigate the dispute, and WHEREAS, the parties stipulate to the adequacy of considerations exchanged; and WHEREAS, the parties have negotiated in good faith and agreed that the best interest of __all the parties will be served by a settlement of this proceeding: and NOW THEREFORE, in consideration of the mutual promises and recitals herein, the parties intending to be legally bound, agree as follows: 1. All recitals are true and correct and are expressly incorporated herein. 2. Both parties agree that the “whereas” clauses incorporated herein are binding findings of the parties. 3. Upon full execution of this Agreement, Petitioner agrees to waive any and all proceedings and appeals to which it may be entitled including, but not limited to, an informal proceeding under Subsection 120.57(2), a formal proceeding under Subsection 120.57(1), appeals under Section 120,68, Florida Statutes; and declaratory and all writs of relief in any court or quasi-court (DOA) of competent jurisdiction; and further agrees to waive compliance with the form of the Final Order (findings of fact and conclusions of law) to which it may be entitled. Provided, however, that no agreement herein, shall be decmed a waiver by either party of its right to judicial enforcement of this Agreement. 4, Upon full execution of this Agreement, the parties agree to the following: a. ° The Petitioner shall remit to the Agency, within thirty (30) days of the entry of a Final Order adopting this Agreement, a late renewal fee in the sum of Fifty Dollars ($50.00). ANNR-NA-NS 14:55 777552 1440 Page 4/9 © - @3-@5-2808 16:28 _LADIA AND LADIA 8637632319 PAGE4 b. The Petitioner waives receipt of the Notice of Intent to Impose a Late Renewal Fee. ¢. The Notice of Intent to Deem Application Incomplete and Withdrawn From Further Review is deemed superseded. processing Petitioner’s application. e. Nothing in this Agreement shall prohibit the Agency from denying Petitioner's application for licensure based upon any statutory and/or regulatory provision, including, but not limited to, the failure of Petitioner to satisfactorily complete a survey reflecting compliance with all statutory and rule provisions as required by law. 5. Venue for any action brought to interpret, challenge or enforce the terms of this Agreement or the Final Order entered pursuant hereto shall lie solely in the Circuit Court in Leon County, Florida. 6. By executing this Agreement, the Petitioner admits the allegations raised in the Notice of Intent referenced herein, 7. Upon full execution of this Agreement, the Agency shall enter a Final Order adopting and incorporating the terms of this Agreement and closing the above-styled case(s). 8. Each party shall bear its own costs and attorney’s fees. 9. This Agreement shal] become effective on the date upon which it is fully executed by all the parties. 10. Petitioner acknowledges and agrees that this Agreement shall not preclude or estop any other federal, state or local agency or office from pursuing any cause of action or Vy % 2008-03-05 14:55 7275521440 Page 5/9 _d. Upon the full execution of this Agreement, the Agency shall begin - 63-85-2008 16:28 LADIA AND LADIA 8637632319 PAGES 2008-03-05 14:55 7275521440 ‘Page &/9 taking any action, even if based on or arising from, in whole or in part, the facts raised in the Notice of Intent. This agreement does not probibit the Agency from taking action regarding Respondent's Medicaid provider status, conditions, requirements or contract. 11. The Petitioner for itself and for its related or resulting organizations, its _Suocessors or transferees, attomeys, heirs, and executors or administrators, docs hereby discharge the Agency and its agents, representatives, and attorneys of 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 and the Agency’s actions, including, but not limited to, any claims that were or may be asserted in any federal or state court or administrative forum, including any claims arising out of this Agreement, by or on behalf of the Petitioner or related or resulting organizations. 12. This Agreement is binding upon all parties herein and those identified in the aforementioned paragraph of this Agreement. 13. In the event that Petitioner was a Medicaid provider at the subject time of the ” actions alleged in the Notice of Intent referenced herein, this Agreement does not prevent the Agency from seeking Medicaid overpayments related to the subject issues or from imposing any sanctions pursuant to Rule 59G-9.070, Florida Administrative Code. This Agreement does not settle any federal issues pending against Petitioner. 14, The undersigned have read and understand this Agreement and have authority to bind their respective principals to it. Petitioner’s representative has the capacity to execute this Agroement and has done so without the advice of counsel. The Petitioner understands that it has the right to consult with counsel and has knowingly and freely entered into this Agreement without exercising its right to consult with counsel. The Petitioner fully understands that counsel ip viog - 43-85-2888 16:28 2008-03-05 14:56 LADIA AND LADIA 8637632319 PAGES for the Agency represents solely the Agency and Agency counsel has not provided legal advice to or influenced the Petitioner in its decision to enter into this Agreement. 15. This Agreement cantains the entire understandings and agreements of the parties. 16. This Agreement supersedes any prior oral or written agreements between the parties. This Agreement may not be amended except in writing. Any attempted assignment of | this Agreement shall be void. 17. _ Ail parties agree that a facsimile signature suffices for an original signature. 18. The following representatives hereby acknowledge that they are duly authorized to enter into this Agreement. Secretary Agency for Health Care Administration 2727 Mahan Drive, Bldg #1 ~ Tallahassee, Florida 32308 DATED: 2 . Craig “clef General Counsel Florida Bar No. 96598 Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 _ Tallahassee, Florida 32308 DATED: 3/0 7275521440 hich, MV: LL. Lilia Ladia, M.D. Ladia & Ladia, MDs, P.A. 210 Northeast 19* Drive Okeechobee, Florida 34972 patep: 23-8 O€& _ Amie C, Ragano, Senior Attomey ~™ Florida Bar No.: 45632 Agency for Health Care Administration 525 Mirror Lake Drive, North, Suite 330 St. Petersburg, Florida 33701 aren, 31 t(0% kp at/ey Page 7/9

Docket for Case No: 08-001054