12-000144MPI Agency For Health Care Administration vs. David M. Kenton Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, May 18, 2012.

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STATE OF FLORIDA;~,~

AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY CLERK

2014 APR IS P 2: 3

STATE OF FLORIDA,

AGENCY FOR HEALTH CARE

ADMINISTRATION,

Petitioner,

VS. CASE NO.: 12- 193PH

PROVIDER No.: 049207800

C. I.: 12- 000 1060-

DAVID M. KENTON, License No. ME37023

NPI No. 1932127495

Respondent, RENDITION NO.: AHCA- 31 - S- MDO

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 as

Exhibit " 1." Based on the foregoing, this file is CLOSED.

DONE and ORDERED on this the Z~ 7day of 2014, in Tallahassee,

Florida.

aL1ZAB TH D DEK, CRETARY

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 PROCEDINGS SHALL BE

CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE

NOTICE OF APPEAL MUST BE FILED WITHING 30 DAYS OF RENDITION OF THE

ORDER TO BE REVIEWED.

Copies furnished to:

Horace Dozier Agency for Health Care Administration

Field Office Manager Bureau of Finance and Accounting

2727 Mahan Drive, MS 6 2727 Mahan Drive

Tallahassee, Florida 32308 Building 2, MS 14

Via Interoffice Mail) Tallahassee, Florida 32308

Via Interoffice Mail)

Julie Gallagher, Esquire Rick Zenuch, Chief Medicaid Program Integrity

Akerman Senterfitt 2727 Mahan Drive

106 East College Avenue Building 2, MS 6

Suite 1200 Tallahassee, Florida 32308

Tallahassee, Florida 32301 Via Interoffice Mail)

Via US Mail)

Shena Grantham, Esquire Bureau of Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, MS 9

2727 Mahan Drive, MS 3 Tallahassee, Florida 32308

Tallahassee, Florida 32308 Via Interoffice Mail)

Via Interoffice Mail)

Eric Miller, Inspector General Division of Administrative Hearings

Agency for Health Care Administration The Desoto Building

2727 Mahan Drive 1230 Apalachee Parkway

Building 2, MS 4 Tallahassee, Florida 32399- 3060

Tallahassee, Florida 32308 Via US Mail)

Via Interoffice Mail)

Katherine B. Heyward, Esquire Shawn McCauley, Medicaid Contract Manager

Agency for Health Care Administration Agency for Health Care Administration

2727 Mahan Drive, MS 3 2727 Mahan Drive, MS 22

Tallahassee, Florida 32308 Tallahassee, Florida 32308

Via Interoffice Mail) Via Interoffice Mail)

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 Aj_ day of 2014.

Richard Shoop, Esq ire

Agency Clerk

State of Florida

Agency for Health Care Administration

2727 Mahan Drive, Building # 3

Tallahassee, Florida 32308- 5403

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner, Case No.: 12- 193PH

V. Provider No.: 049207800

C. I. No.: 12- 000 1060-

DAVID M. KENTON,

Respondent.

SETTLEMENT AGREEMENT

The STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION

hereinafter " AHCA" or " the Agency"), and DAVID M. KENTON ( hereinafter " Dr. Kenton"),

by and through the undersigned, hereby stipulate and agree as follows:

RECITALS

A. These Recitals are true and correct to the best knowledge of the parties.

B. AHCA is the single state agency responsible for Medicaid in the state of

Florida.

C. A Medicaid provider must enter into an agreement with AHCA in order to

receive payments for services rendered under the Medicaid program.

D. DAVID M. KENTON is a Medicaid provider in the State of Florida,

provider number 049207800.

E. On August 20, 2010, Dr. Kenton entered a plea of guilty to one count of

conspiracy in violation of 18 U. C. S. Sec. 371; and on November 10, 2010,

Dr. Kenton was found guilty of the charge in the United States District

Court, Southern District of Florida; Case No. 09- CR- 60344- MARRA.

26803191;] ]) Page ] of 6

F. On November 30, 2011, AHCA sent Dr. Kenton a letter notifying him of

AHCA' s intent to terminate for cause, pursuant to Florida Statute

409. 13) 913( and Rule 59G- 070 9. Florida Administrative Code, his

participation in the Medicaid program as a result of his conviction in the

federal court action described above.

G. On June 13, 2012, the State of Florida Board of Medicine ( hereinafter " the

Board") entered a Final Order in DOH Case No. 2010- 22219, Department

of Health v. David Mitchell Kenton, M, D. pursuant to a Settlement

Agreement.

H. The Settlement Agreement provides, inter alia, that Dr. Kenton would be

permitted to continue to practice medicine under certain terms and

conditions; the Board allowed Dr. Kenton to renew his Florida medical

license; and the Board recognized that Dr, Kenton was placed on the List

of Excluded Individuals and Entities ( LEIS) maintained by the Office of

Inspector General with the Federal Department of Health and Human

Services before that law, which would disqualify him from license

renewal, became effective.

1. On June 21, 2012, Dr. Kenton filed a request for hearing in this matter,

L The Parties have agreed to settle the matter addressed in the recitals.

K. By execution of this Settlement Agreement, the parties affirm, warrant and

represent that they have full and complete authority to enter into this

Settlement Agreement and settle the matters addressed herein.

26803191; 1}

AtaREI, MENT

In consideration of the mutual promises and agreements set forth herein, the

Parties agree as follows

1. The parties agree that Dr. Kenton shall be immediately terminated from the

Florida Medicaid program and that the termination shall be for " no cause."

2. Dr. Kenton agrees that the thirty ( 30) day notice period from the date of the

November 30. 2011 termination letter has run.

3. Dr. Kenton agrees that he will never again apply to the Florida Medicaid

program regardless of his status with the Office of the Inspector General with

the Federal Department of Health and Human Services.

4. Dr. Kenton agrees that, regardless of his status with the Office of the Inspector

General with the Federal Department of Health and Human Services, AHCA

has full discretion to deny any application Dr. Kenton submits to the Florida

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Medicaid program regardless of the reason for such denial.

5. Dr. Kenton agrees to reimburse AHCA five thousand ($ 5, 00) 000. dollars for

costs incurred in this matter.

6. Dr, Kenton agrees to pay the costs within sixty ( 60) days of the date of the

Final Order herein,

7. This Agreement is expressly contingent upon the condition that neither Dr.

Kenton nor anyone in his immediate family ( to include any spouse, child,

or parent of Dr. Kenton) shall own a health care facility within the State of

Florida.

8. Payment shall be made to:

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AGENCY FOR 11FALTI- 1 CART: ADMINISTRATION

Medicaid Accounts Receivable

2727 Mahan Drive, M. S. # 14

Tallahassee, Florida 32308- 5403

9. Failure to pay the costs within the said sixty ( 60) days shall result in this

Settlement Agreement being null and void and the case shall return to is pre-

settlement status.

9, AHCA reserves the right to enforce this Agreement tinder the laws of the

State of Florida, the rules of the Medicaid Program, and all other applicable rules and

regulations.

to. Other than the cost reimbursement provided for herein, each party shall

bear its own attorney' s fees and costs.

i l . This settlement does not constitute an admission of wrongdoing or error

by either party with respect to this case or any other matter. The costs reimbursed by Dr.

Kenton are not a sanction or penalty.

12, The signatories to this Agreement, acting in a representative capacity,

represent that they are duly authorized to enter into this Agreement on behalf of the

respective parties,

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 the

Circuit Court located in Leon County, Florida.

14, This Agreement constitutes the entire agreement between Dr. Kenton and

AHCA, including anyone acting for, associated with or employed by them, concerning all

matters, and this Agreement supersedes any prior discussions, agreements or

understandings; there are no promises, representations or agreements between Dr, Kenton

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26$ 1} 03191;

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and ANCA 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, 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.

16. Dr. Kenton expressly waives in this matter his right to any hearing

pursuant to Sections 120. 569 or 120. 57, Florida Statutes, any making of findings of fact

and conclusions of law by the Agency, and all further and other proceedings to which he

may be otherwise entitled to under the law or the rules of the Agency regarding this j

proceeding and the issues raised herein. Dr. Kenton further agrees that he shall not

challenge or contest any Final Order entered in this matter which is adopts the terms of

this Settlement Agreement in any forum available to it now or in the future, including its

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right to any administrative proceeding, circuit or federal court action, any appeal, I

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 j

preparing it.

18. To the extent that any provision of this Agreement is prohibited by law for i

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. I

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26803191; 1}

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19. Th S Agreement shall inure to the benefit of and be binding on eaoh

parry' s successors, assigns, heirs, administrators, representatives and trustees.

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20. All times stated herein are of the essence bi this Agreement.

I21. This Agreement shall be in full force and effect upon execution by the

respective parties!

Dated: Q, 2013

Davi M. r 1

f l~ If nton~ f

gated: 2013

ie Gallagher, E~ q.

Akerman Senterfth

105 East College I venue, Ste. 1200

Tallahassee, FL 32301'

Attorney for Respondent

AGENCY REALM C4RE

AnNrIMSTRAWON

2727 Mahan Drive, Bldg. 3, ? Mail Stop # 3

Tall se FL 3308- 40"

Dated: S L> it73

Eric Miller

Inspector G eral

Dated: T J~ 24

Stuart Williams, sq.

General Counsel I

Bated: O 201/

m e Ium, E

Chief Medicaid oitgsel

to ;.. L.

I Shena y~.... L. Grant" I ` ~ Dated: l~ j • b ~ e, 3' ~ 2~.~„`

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