08-004760 Southern Oaks Rehabilitation And Nursing Center vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, September 29, 2008.

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A lj r i Y

STATE OF FLORIDA nf CLeRK 1

AGENCY FOR HEALTH CARE ADMINISTRATION ZOUq SEP 22 P 2 Sq

SOUTHERN OAKS REHABILITATION

AND NURSING CENTER

Petitioner

AHCA No 08 4760

vs Y APl A ll qO Mbf

STATE OF FLORIDA

AGENCY FOR HEALTH CARE

ADMINISTRATION

Respondent

FINAL ORDER

THE PARTIES resolved all disputed issues and executed a settlement agreement

which is attached and incorporated by reference 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 7 day of Jfr 2009 in

5irf

Tallahassee Florida

Holly Be son 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

Peter A Lewis Esquire

Attorney for Petitioner

2931 Kerry Forest Parkway Suite 202

Tallahassee Florida 32309

U S Mail

Brevin Brown Senior Attorney

Agency for Health Care Administmtion

2727 Mahan Drive MS 3

Tallahassee Florida 32308 5403

Interoffice

Carlton D Snipes Deputy Secretary

Agency for Health Care Administmtion

2727 Mahan Drive MS 8

Tallahassee Florida 32308

Interoffice

Wesley Hagler MPA Administrator

Agency for Health Care Administmtion

2727 Mahan Drive MS 21

Tallahassee Florida 32308

Interoffice

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been

furnished to the above named addresses by U S Mail on this the L L of

9

209l

0S

RICHARD SHOOP Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive Mail Stop 3

Tallahassee Florida 32308 5403

850 922 5873

RECEIVED

GENE t COUNSEL

STATE OF FLORIDA APR 1 4 2009

AGENCY FOR HEALTH CARE ADMINISTRATION ior Health

Agency

Care Administration

SOUTHERN OAKS REHABILITATION

AND NURSING CENTER

Petitioner

v CASE NO 08 4760

STATE OF FLORIDA

AGENCY FOR HEALTH CARE

ADMINISTRATION

Respondent

I

SETTLEMENT AGREEMENT

The Agency for Health Care Administration AHCA or the Agency and

Petitioner Southern Oaks Rehabilitation and Nursing Center PROVIDER stipulate and

agree as follows

1 This Agreement is entered into between the parties to resolve disputed issues

arising from the Agency s determinations with respect to Southern Oaks change

of ownership

2 The PROVIDER is a Medicaid provider in the State of Florida operating a

nursing home facility

3 The PROVIDER became a Medicaid Provider as a result of a change of operator

CHOP The CHOP took place on December 31 2007 A Provider s rate was

set by the Agency on August 27 2008 and transmitted to the facility through a

rate notification letter of that date The rate notification letter informed the

PROVIDER that its new provider rate was based upon AHCA s determination

that the CHOP was a related party transaction

4 In response to the rate setting the PROVIDER filed a timely petition for

administrative hearings

5 Subsequent to the filing ofthe petition for administrative hearing the PROVIDER

provided additional documents and discussed the disputed rate As a result of the

aforementioned exchange the parties agree to treat PROVIDER as if it was a

nonrelated party for rate setting purposes

6 In order to resolve this matter without further administrative proceedings the

PROVIDER and ARCA expressly agree that ARCA shall recalculate the

PROVIDER S rate as a nonrelated party change of operator CHOP as set forth in

paragraph 5 above The recalculation of the rates as specified in paragraph 5

completely resolves and settles this cases and sets the method of determining the

rates for the facility

7 This agreement constitutes the PROVIDER S withdrawal of its petitions for

administrative hearing with prejudice

8 The Parties are entitled to enforce this Agreement under the laws of the State of

Florida the Rules of the Medicaid Program and all other applicable law

9 This settlement does not constitute an admission of wrongdoing or error by the

Parties with respect to this case or any other matter

10 Each party shall bear their respective attorneys fees and costs if any

11 The signatories to this Agreement acting in their respective representative

capacities are duly authorized to enter into this Agreement on behalf of the party

represented

12 The parties further agree a facsimile or photocopy reproduction of this Agreement

shall be sufficient for the parties to enforce the Agreement The PROVIDER

agrees however to forward a copy of this Agreement to ARCA with original

signatures and understands a Final Order may not be issued until said original

Agreement is received by ARCA

13 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

14 This Agreement constitutes the entire agreement between the PROVIDER and

ARCA including anyone acting for associated with or employed by them

respectively concerning all matters and supersedes any prior discussions

agreements or understandings there are no promises representations or

agreements between the PROVIDER and ARCA 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

15 This is an Agreement of settlement and compromise recognizing 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

16 The PROVIDER expressly waives In these matters 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 these

proceedings and any and all issues raised herein other than enforcement of this

Agreement pursuant to paragraph 8 of this Agreement The PROVIDER further

agrees the Agency shall issue a Final Order which adopts this Agreement

17 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

18 To the extent 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

19 This Agreement shall inure to the benefit of and be binding on each party s

successors assigns heirs administrators representatives and trustees

SOUTHERN OAKS REHABILITATION

AND NURSING CENTER

r 2

I S Dated 7 2009

Signature J

By its

AGENCY FOR HEALTH CARE ADMINISTRATION

2727 Mahan Drive Mail Stop 3

Tallahassee FL 32308 5403

Dated o t 8 2009

Carlton Snipes Deputy Secretary Medicaid

Dated B z4 2009

Justid Senior eral Counsel

h Dated J 2009

Brevin Brown Assistant General Counsel