14-002539 Arc Bradenton Hc, Inc., D/B/A The Nursing Center At Freedom Village vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, June 2, 2014.

. ) ;

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRA TlON

ARC BRADENTON HC, INC. d/b/a 2014 DEC 2W A g: 22

THE NURSING CENTER AT FREEDOM

VILLAGE,

Petitioner,

vs.

ENGAGEMENT No: NH10-047L

PROVIDER No.: 317195

RENDITION NO.: AHCA-[

STATE OF AGENCY FOR

HEALTH CARE ADMINISTRATION,

______________________________________ Itespondent. /

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 _19th day of ___ ___ , 2014, m

Tallahassee, Florida.

Final Order

Engagement No. NH10-047L

Page 1 of3

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 Agency for Health Care Administration

1700 North Monroe Street · Bureau of Finance and Accounting

Suite 11-116 (Interoffice Mail)

Tallahassee, Florida 32303

(Via U.S. Mail)

Bureau of Health Quality Assurance

Agency for Health Care Administration

(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 Willis F. Melvin, Jr., Esquire

Medicaid FFS Counsel Assistant General Counsel

(Interoffice Mail) 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. NH 1 0-04 7L

Page 2 of3

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 " ( '2014.

Agency for Health Care Administration

2727 Mahan Drive, Building #3

Tallahassee, Florida 32308-5403

[phone]

Final Order

Engagement No. NHl 0-04 7L

Page 3 of3

STATE OF f'LOR.mA

AGENCY FOH HK<\\lth care="">

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 AllMINISTRATION,

Respondent.

SETTLEMENT AGREEMENT

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

ADMINISTRA'l'lON (''AI!CA .. or ·'the /\\g_l'nt:y''), and Pl'titi(lncr, A.RC BRADENTON HC,

1NC. d/b/a THE NURSING CENTER AT FREEDOM VILLAGE ("PROVIDER"). hy and

through the undersigned. hl!rcby stipulate and agree as foliO\\vs:

1. This Agreement is entered intu the pa1ties to resolve disputed issues

arising from audit cngCtgcment NH l 0-04 7L.

2. Tht' PROVIDE: R is a ivkdicaid provider m tht:: Statt.: of Florida operating a

nursing home facility that \\Vas audited by the Agency.

3. In the audit engagement number listed in paragraph I above. Al--!CA audited

PROVIDERS' cost reports. covering the audit period ending in 2007.

Settlenwnt Agreement

Page I of6

EXHIBIT 1

4. In its subsequent Audit Report :\\HC:\\ notified the PROVIDER that Medicaid

reimbursement principles required adjustment of the costs stated in the cost rep\\)rt. The Agency

further notilird the PROVlDER irl the adju::.tm::nts Al!C,\\ \\\\as making to the C()St n:pnrts.

5. In response t<' a.l="" k'a="" 's="" 1\\udit="" rl:pon,="" th.:="" provider="" filed="" a="" t!md)="">

administrative hearing. and idcntifkd specific adjustments that it appealed. The:

requested that the ,\\.gene; hold the petition m aLK'Y3!Kc in order to af1(1rd the parties an

opportunity to resolve the disputed adjustments.

6. Subsequent to the pctitl,)n for administratin: he:1ring. AHCA and the PROVIDER

exchanged documents and discussed the disput..::d [ldjustmcnts. As a rcsuh ofthe ah1t'ementioncd

e:\\.changcs. the patiies agree to a-:ccpt all of the Agency's ::J.djustments that were subject w these

PI'<)cccdings as="" set="" forth="" in="" lhe-="" .''\\udit="" reporl="" excw="" for="" the=""><)lkm,ing audit="" adjustments="">

the parties agree shdl be changed or removed as set fo11h bdo\\\\:

ARC BRADENTON llC, d/b/a THE NURSING CENTER AT FREEDOM

VILLAGE

For the Period 6/12/200() through 11 /3l/2007

I. Remo\\C Ztdjustmcnt 29;

2. Rernove adju<;tment>

3. l\\.etno\\t: adjustrncnt 59:

4. Ren1ove adjustment 60:

5. Hemuve adjustment 77:

6. Remove adjustment RO:

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

7. In order to resolve this matter vvithout furth..::r administrati>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 ab0ve compktdy resolve and st'ttk this case and this agreement. upon

S!.'ttlement Agn•l.'ment

Page 2 of2

e:xecurion by the parties, .. xmstitutes the PROVlDFRS' withdrawal of their petition fiJr

'"dministralivc hearing. \\Vilh prejudice.

8. After issuance ofthe Final Order, Pf

Agency shall recakulate :he per diem mtc:, for the above--:tated audit period and issue a notkc of

the recakulation. Where the PROVJDFJ{ \\\\a:-> o>crpaid. the PR.OV!DER \\\\ill reimhursc the

!\\gency the full amount t'!' the \\.>verpayment \\\\ ithin thirty l-'0) days oi' :,uch notice. Where the

PROVIDER was underpaid ;\\HC/\\ \\\\ill pay the PROVIDE-R the full amount of the

underpayrm:nt within li:Hty-five (45) days (lr such m'tkc.

Payment shall be to:

AGENCY FOR HEALTH CARE ADI\\HNISTRA TION

Medicaid Accounts Receivable- 1 V1S #l 4

2727 !V1ahan Drive. Building 2. Suite :200

Tallahassee. Florida 32308

Notice tu the PROVIDER :-.hall be to:

John E. Terrel. Equire

I 700 N(\\lth l'vlonw.;; Street

Suite 11-116

32303

q_ Payment shall clcarl} it is pursLwnt to a settlement agreement and shall

reference the audit/engagement number.

10. PROVIDER agrees that failun: to pay an) m,)nies due and owing under the terms

of this Agreement shall constitute authorizati\\)n 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 claims.

II. AllCA is entitled to cnf(JrCl' this Agreement under the 13\\-\\S of the State of

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

Settlement Agreement

1 This settlement docs not constituh: an admissinn of wrongdoing or error by the

parties with l\\.:spcct to this c1se or any other matter.

13. Each party shall bear their rcsp.:ctin· attorney:-· re-.:::; and costs. if any.

1 . The signatories to this Agreement. acting in their capacities. arc

duly authorized to enter into this Agreement on behalf of the part) represented.

15. The parties further agree a fl1csimik or photucopy reprodudion of this Agreement

shall be suffieknt for the pmiks to ent(wce the Agreement. The PROVIDER agre.:s. however, kl

f(mvard a cop) ()!'this Agreement to AllCr\\ 'Aith origii·Jai signature">. and unJ,;;rstand that a Final

Order ma> not be issued until said original .:\\gn:c:ment i,.. r<:"ceived by="">

16. This ,\\greement shall be c,•nstrued in accordance with the provisions uf lhe laws

of Florida. Venue for nny actio1: arising fl' Agreement shail be in Leon County. Florida.

17. This Agr;.;cmcnt constitutes the entire agreement bet\\vecn PROVIDER and the

1\\HCA. in-.:luding anyone acting f<>r. as:::u ... imed with ur employed by them. con ... erning all

matter>; and any prior discussions. agreements or understanding:,: there are no

promises. representations or agreements bdv:cen PROVIDER and the AHCA other than as set

f(mh herein. No modifications c·r Yvaiva of an; pr<)\\·ision shall="" he="" valid="" unkss="" a="">

amendment to lh(' Agreement is cornpletd and properly .:xecmed by the

18. This is an of settlement and made in recc•gnition that the

parties rnay have di ffercnt or tmdcr:>tandings, inl\\:wmntion and contentions. as to facts

and law, and with each patiy comprnrnising and settling any p(ltcntial correctness or

in-.:orrec.tness of its understandings. inf\\)fmatk•n and contentions :1s to facts and Jaw, so that no

misunderstanding or misinfornwtion shnll be a ground f\\x rcsdssion hereof.

Sclt!ement Agreement

Pag(• 4 of4

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

Except with respect io any reGalculation(s) described in paragraph 1:l abuvc,

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

§§120.569 or 120.57, florida Statutes, making of findings of tacr 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: rcgarrling these anrl any and alJ i::.sues miscd herein, ot:-Jer than

enJ(m.:cment of this Agreement Tht' PROViDER further agr::cs the Agency shall issue a Final

Order, whic.h adopts this Agreement.

20. This Agreement is and shall be deerned jointly drafte-d and ritkn by all parties to

it and shall not be constmed or interpreted again<;t tk="" pmiy="" originating="" or="" preparing="">

21. To the extent any provision of this Agreement is p:'ohibited by law for any re<>

sud1 provision shall he ef1ectiw to the extent not su prohihitcd, nnd such prohibition shaH not

affed any otber provision of this Agreement.

111is Agreement shall inun.: to tht: bendil of and binding on each party's

;wsigns, heirs. adminb:trators, and lruskes.

ARC BRADENTON HC, INC. d/b/a TH.K NURSlt\\IG CENTER AT FREEDOM

VILLAGE NHJ0-047L

!'age 5 ofS

FLORIDA AGENCY FOR HEALTH CARE

ADMINISTRATION

2727 Mahan Drive, Mail Stop #3

Tallahassee, Florida 32308-5403

Dated: _ ____LI=2,_:J.'---'9'------' 2014

J ustidelliOf I

Dated: __ 2014

General Counsel

Dated: __ /-t/ A'---1-_C, __ , 2014

I r-·

Dated: AueM.kr 1J , 2014

Willis F. Melvin, Jr.

Assistant General Counsel

Settlement Agreement

Page 6 of6