STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRA TlON

ARC BRADENTON HC, INC. d/b/a

THE NURSING CENTER AT FREEDOM VILLAGE,

;

i )_ ... '.",... --;:

2014 DEC 2W A 9: 22

Petitioner,

vs.

STATE OF I◄' LORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

ENGAGEMENT No: NH10-047L PROVIDER No.: 317195

RENDITION NO.: AHCA- [ - \ 01 S -5-MDA

./

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, attached

hereto and incorporated herein as Exhibit "1." Based on the foregoing, this file is CLOSED.

DONE and ORDERED on this the _/9th day of . /Je.cem6er  , 2014, m

Tallahassee, Florida.

ELIZ

Agency for Health Care Administration

Final Order Engagement No. NH10-047L

Page 1 of 3

Filed January 7, 2015 8:00 AM Division of Administrative Hearings

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 BYLAW, 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.

John E. Terrel, Esquire 1700 North Monroe Street Suite 11-116

Tallahassee, Florida 32303 (Via U.S. Mail)

Bureau of Health Quality Assurance Agency for Health Care Administration (Interoffice Mail)

Agency for Health Care Administration

· Bureau of Finance and Accounting (Interoffice Mail)

Stuart Williams, General Counsel Zainab Day, Medicaid Audit Services Agency for Health Care Administration Agency for Health Care Administration (Interoffice Mail) (Interoffice Mail)

Shena Grantham, Chief Medicaid FFS Counsel (Interoffice Mail)

Willis F. Melvin, Jr., Esquire Assistant General Counsel

Agency for Health Care Administration 2727 Mahan Drive, MS #3

Tallahassee, Florida 32308 (Via Interoffice Mail)

State of Florida, Division of Administrative Hearings

The Desoto Building 1230 Apalachee Parkway

Tallahassee, Florida 32399-3060 (Via U.S. Mail)

Final Order Engagement No. NH10-047L

Page 2 of 3

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'}-""1'_""_/\day of " ( '     , 201-4.

gency er State of Florida

Agency for Health Care Administration

2727 Mahan Drive, Building #3

Tallahassee, Florida 32308-5403

(850) 922-5873

Final Order Engagement No. NHl 0-047L

Page 3 of3

STATE OF f'LOR.rn.A

AGENCY FOR Hi(ALTH CARE ADMINISTRATION

ARC BRADENTON HC. INC. d/h/a

THE NURSING CENTER AT FREEDO!VI VILLAGE,

Petitioner,

\'S.

ENGAGEMENT No: NHHl-0471. PROVIDER No.: 317195

STATE OF FLORIDA, AGF:NCY FOR HEALTH CARE ADMINISTRATION,

Respondent.

SETTLEMENT AGREEMENT

Responcknt. STATE Of' FLORIDA, AGENCY FOH. HEALTH CARE

ADMINISTRATION (''AI!CA .. or ·'the /\g_l'nt:y''), and Pl'titi(iner, ARC BRADENTON HC,

1NC. d/b/a THE NURSING CENTER AT FREEDOM VILLAGE c·PROV!DER"). hy and

through the undersigned. hl!reby stipulate and agree as follO\vs:

1. This Agreement is entered intu bet,vet:n lhe pa1ties to resolve disputed issues arising from audit cngctgcment NH l 0-047L.

2. Tht' PROVIDE: R is a rvkdicaid provider m tht:: Stat!..:' of Florida opl!rating a nursing home facility that vvas audited by the Agency.

3. In the audit engagement number listed in paragraph I above. AHCA audited th PROVIDERS' cost reports. covering the audit period ending in 2007.

   
   

   Settlement Agr1cement Page I of6

   
   

   EXHIBIT 1

   
   

4. In its subsequent Audit Report :\l·lC:\ notified the PROVIDER that Medicaid reimbursement principles required adjustment of the costs stated in the cost rep\)rt. The Agency further notifo:d the PROVlDER irl the adju::-tm.:nts Al !C,\ \\as making to the C()St n:pnrts.

5. In response t<, Al K'A 's 1\udit Rl:pon, th.: PROVIDER filed a time!) pctiti1)11 for admlnistrntivc hearing, and idcntitfod specific adjustments that it appealed. The: PROVlDl:::R requested that the A.gene} hold the petition m aLK·yc111ec in order to afford the parties an opportunity to resolve the disputed adjustments.

6. Subsequent to the periti,)n for administratin.· he:1ring. AHCA and the PROVIDER exchanged documents and discussed the di<;put..::d :idjustmcnts. As a resuh of the ail1t'ementioned e:\.changcs. the paiiies agrcC: to accept all of the Ag,;.:ncy·s ::i.djustments that were subject tci these

   pr,)cecJings as set forth in lhe- ,'\udit Report, excw for the folk,wing audit adjustments \\ hich the parties agree shdl be changed or removed as set fo11h bdo,\:

   ARC BRADENTON lK, INC. d/b/3 THE NURSING CENTER AT FREEDOM

   VILLAGE NH10 047L

   
   

   For the Period 6/12/200(j through 1 l /3l/2007

   
   

   1. Remo\e Ztdjustmcnt 29;

1. Rernove adjustment 36:

2. l<..e1110\ t: adjustrncnt 59:

3. Reniove adjustment 60:

4. Hemuve adjustment 77:

5. Remove adjustment 80:

   7 Change adjustment 18 frum ('.£15.437; t,, ($1,883).

   
   

6. In order to resolve this matter vvithout forth..::r administrafr.. e pwceedings. and to avoid incurring further C()Sts, PROVIDER and AHCA c:xpressly agree the adjustment resolutions as set fc.•tih in paragraph 6 ab0vc compktdy resolve and St'ttk this cas1e and this agreement. upon

   
   

   S!.'ttlement Agreement

   
   

   Page 2 of2

   
   

   e:xecurion by the parties, c,1nstitutes the PROVlDFRs· withdrawal of their petition for

   
   

   ,idministralivc hearing. with prejudice.

   
   

   \

7. After issuance of the Final Order, PROVIDER :rnd .\ HC 0 further agree that the

Agency shall recakulate ,he per diem rntc:, for the above--:tated audit period and issue a notkc of the recakulation. Where the PROVIDER \\as o,crpaid. the PR.OV!DER ,,ill rcimhursc the

!\gency the full amount 1'!' the \)verpay1m:nt \\ ithin thirty (JO) day;,, oi' :,,ui.:h notice. Where the

PROVIDER was underpaid ;\HC/\ \\ ill pay the PROVIDFR the full amount of the underpayrm:nt within li:Hty-five (45) days ()f such m,tkc.

Payment shall be m:1de to:

AGENCY FOR HEALTH CARE ADI\HNISTRA TION

Medicaid Accounts Receivable - 1\·1S #14 2T!.7 !V1ahan Drive. Building 2. Suite :200 Tallahassee. Florida 32308

Notice t() the PROVIDFR "hall be rna k to:

John E. Terrel. Equire

I 700 N(Hth l'vlonw.: Street

Suite I l-116

Tallaha:,scc. Fl()rida 3lJOJ

q_ Payment shall clcarl:i indic:ite it is pursLwnt to a settlement agreement and shall

reference the audit/engagement number.

1. PROVIDER agrees that failun: to pay an) m,)nies due and owing under the terms of this Agreement shall constitute PROVIDER ' authorizati,-1n for the Agency. without further notice, to \Vithhold the total remaining amount due under the terms of this agreement from any monies due and owing to the PROVIDER for any lvledkaid ckiims.

2. Al lCA is entitled to cnforcl· this Agreement under the 13,-vs of the State of

Florida, the Rules of' the Medicaid Program. and all other applicable low.

Settlement Agreement

P.ige 3 ot 3

1 . This s1.:ttkment docs not constituh: an admissinn of wrnngdoing or error by the parties with t\.:spcct to thi:; rnsc or any other matter.

13. Earh party shall bear their resptctin· aHoni-:·y:-.·- rel;'.::; and costs. if any.

l +. The signatories to this Agreement. acting in their repr-::scntativ1.• capacities. are duly authorized to enter into this Agreement 011 behalf of the part) represented.

l5. The parties further agree a focsimik or photucopy reprodudion of this Agreement shall be suffieknl for the pmiks to ent'.,rcc the Agreement, The PROVIDER agret:s. however, kl forward a cop)()!' this Agreement to Al !Cr\ 'Aith origii'iai signature-,. and u11J0rstand that a Final Order ma> not be issued until said original .:\gn.:c:ment i,-. rC:"ceived by AHC/\.

1. This ,\greement shall be c,,nstrued in accordance with the provisions of lhe laws of Florida. Venue for nny actio1: arising fi'<Jlll thi:'> Agreement shail be in Leon County. Florida.

2. This Agr..;cmcnt constitutes the entire agret:rm:n1. between PROVIDER and the 1\HCA. in-.:luding anyone acting f<>r. assuc:imed with ur employed by them. conc:erning all matters and upcrsedes any prior di:,a.:us:-.ions. agreements or understanding:,: there are no promises. representations or agreements bd v cen PROVIDER and the AHCA other than as set forth herein. N() modifications c•r ·waiva of any prm·ision shall he valid unkss a written amendment to th,, Agreement is cornpletd and properly execmcd by the parties.

3. This is an Agreem<:nt of settlement and compromise. made in recc•gnition that the parties rnay have different or incorrect tmdcrstandings, infrmrn:ition and contentions. as to facts and law, and with each pmiy comprnrnising and settling any p(ltcntial correctness or inl.'.orrec.tness of its understandings. informatk,n and contentions :is to facts and law, so that no misunderstanding or misinfornwtion shnll be a ground f x rcsdssion hereof.

   
   

   Sclt!ement Agreement

   
   

   Pag,· 4 of 4

   
   

   -·- · -·    - - - - - -·-       ·                                                - - . ·-                  - .           ·                               -

   Except with respect io any reGalculation(s) described in paragraph 8 abuvc,

   
   

   PROVIDER expressly waive in this .matter their right to any h:::a.ring pnrsnant to sectiuns

   
   

   §§120.569 or 120.57, Florida Statutes, th making of findings of facr and conclusions of law by the Agency. and all further and other proceedings to ,vhicb it may be entitled by law or rules of tlh: Ag, nc.y rcgarrling these procecdini s anrl any and alJ i::.sw:s rniscd herein, ofaer than enJ"tm.:cment of this Agreement Tht, PROVlDER further agrees the Agency shall issue a Final Order, whic.h adopts this Agreement.

   1. This Agreement is and shall be dee1ned jointly Jrafi.c-d and , ritkn by all parties to

      
      

      it and shall not be constmed or interpreted again'>'t tk pmiy originating or preparing it.

      
      

   2. To the extent any provision of this Agreement is p:'ohibited by law for any rc.isoD.

such provision shall he effoctiw to the extent not su prohihitcd, nnd such prohibition shaH not affed any otber provision of this Agreement.

111is Agreement shall imm.: to th<: benefit of and '.)C binding on each party's

suc:cei!SO:s, mwigns, heirs. admi.nb:trators, representative an<l lruskes.

ARC BRADENTON HC, INC. d/b/a TH.K NURSlt\,G CENTER AT FREEDOM VILLAGE NHJ0-047L

Settlement Agn,t>mcnt

Page 5 ofS

FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308-5403

General Counsel

Dated: ----12./9;7 , 2014

             +-,

---+,-----

Dated: /JI gi     ,2014 Dated: / / /4 C, , 2014

Willis F. Melvin, Jr. Assistant General Counsel

I r-·

Dated: AueM.k.r 1J '2014

Settlement Agreement Page 6 of6

Docket for Case No: 14-002539

Orders for Case No: 14-002539