15-004912 Agency For Health Care Administration vs. The Health Center Of Daytona Beach Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, November 23, 2015.

z4 LL. i t' L E E' K

STATE OF FLORIDA 32

AGENCY FOR HEALTH CARE ADMINISTRATION 2015 0' r 30

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner,

WS DOAH No.: 15 - 4912

Fine No.: F0515 - 0259

S- MDA

THE HEALTH CENTER OF DAYTONA RENDITION NO.: AHCA- 15 - 6W -

BEACH,

Respondent.

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. Based on the

foregoing, this file is CLOSED.

DONE and ORDERED in Tallahassee, Florida, on this Z day of ,

2015.

1

4-" 4ild k

EL ABE H DUDEK, 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 via email to:

Mason Blake Binkley, Esq.

McCumber Daniels

mbinkley@mccumberdaniels. com

Bureau of Medicaid Finance

Bureau of Financial Services

Stuart Williams, Esq.

Office of General Counsel)

Shena Grantham, Esq.

Office of General Counsel)

Joseph G. Hem, Jr., Esq.

Office of General Counsel)

CERTIFICATE OF SERVICE

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

the above named addressees by electronic mail on this33— day of llQ , 2015.

Richard J. Shoop, Esquire

Agency Clerk

State of Florida

Agency for Health Care Administration

2727 Mahan Drive, MS # 3

Tallahassee, Florida 32308 - 5403

850) 412- 3689/ FAX ( 850) 921 - 0158

STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR

HEALTH CARE ADMINISTRATION,

Petitioner, CASE NO.: 154912

PROVIDER NO.: 35 - 46430

VS. LICENSE NO.: 1645096

RECORD ID: F0515 - 0259

THE HEALTH CENTER OF DAYTONA

BEACH,

Respondent.

SETTLEMENT AGREEMENT

Petitioner, the STATE OF FLORIDA, AGENCY FOR HEALTH CARE

ADMINISTRATION ( " AHCA" or " Agency "), and Respondent, HEALTH CENTER OF

DAYTONA BEACH ( " PROVIDER "), by and through the undersigned, hereby stipulate and

agree as follows:

1. The parties enter into this Settlement Agreement ( " Agreement ") for the purpose

of memorializing the resolution of this matter.

2. PROVIDER is a Medicaid provider in the State of Florida, provider number 35-

46430, and was a provider during the relevant period.

3. PROVIDER paid its May, 2015 Nursing Home Facility Quality Assessment Fee

Fee ") in the amount of $ 35, 046. 40 by check dated June 12, 2015. .

4. Pursuant to section 409, 9082, Florida Statutes ( 2014) and Rule 59G - 6. 010,

F. A. C. ( 2015), the Agency thereafter sought to impose a fine in the amount of $ 3, 500, asserting

that the payment was not timely.

Agency for Health Care Administration vs. The Health Center of Daytona Beach

Record ID F0515 - 4259)

Settlement Agreement

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5. In response to the Agency' s claim of a fine, PROVIDER filed a Petition far

Formal Administrative Hearing,

6. In order to resolve this matter without further administrative proceedings and

upon consideration of documentation and argument submitted by PROVIDER during the

pendency of litigation, PROVIDER and AHCA agree as follows:

1.) AHCA agrees to accept a payment of $ 2, 500 as a compromise resolution

of the dispute.

2.) PROVIDER and AIICA agree that full payment, as set forth above.

resolves and settles this case completely and releases both parties from any

administrative or civil liabilities arising from the issues resulting from the

payment of the May, 2015 Fee and subsequent fine.

7. Payment shall be made, within ten ( 10) days of the execution of this Agreement,

to:

AGENCY FOR HEALTH CARE ADMINISTRATION

Medicaid Accounts Receivable

2727 Mahan Drive, Mail Station # 14

Tallahassee, Florida 32308

PROVIDER agrees that failure to pay any monies due and owing under the terms

of this Agreement shall constitute PROVIDER' S authorization for the Agency, without further

notice, to withhold the total remaining amount due under the terms of this agreement from any

monies due and owing to PROVIDER for any Medicaid claims.

9. MICA reserves the right to enforce this Agreement under the laws of the State of

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

Agency for Health Care Administration vs. The Health Center of Daytona Beach

Record ID F0515 - 0259)

Settlement Agreement

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10. This settlement does not constitute an admission of wrongdoing or error by either

party with respect to this case or any other matter.

11. 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.

12. 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.

11 This Agreement constitutes the entire agreement between PROVIDER and

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

matters and supersedes any prior discussions, agreements or understandings; there are no

promises, representations or agreements between PROVIDER and AHCA 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.

14. 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.

15. PROVIDER expressly waives in this matter its right to any hearing pursuant to

sections 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 this proceeding and any and all issues raised herein. PROVIDER

further agrees that it shall not challenge or contest any Final Order entered in this matter which is

consistent with the terms of this settlement agreement in any forum now or in the future available

Agency for Health Care Administration vs. The Health Center of Daytona Beach

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Settlement Agreement

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to it, including the right to any administrative proceeding, circuit or federal court action or any

appeal.

16. PROVIDER does hereby discharge the State of Florida, Agency for Health Care

Administration, and its employees, agents, representatives, and attorneys of and from 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, AHCA' s actions herein,

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.

17. The parties agree to bear their own attorney' s fees and costs.

18. 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.

19. To the extent that 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.

20.

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

successors, assigns, heirs, administrators, representatives and trustees.

21. All times stated herein are of the essence of this Agreement.

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

parties in counterpart.

Agency for Health Care Administration vs. The Health Center of Daytona Beach

Record ID F0515 - 0259)

Settlement Agreement

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TIE HEALTH CENTE OF DAYTONA BEACH,

Dated:

Signed)

BY:

Print , Name and Title)

Dated: – A 2015

Print Name and Title)

AGENCY FOR HEALTH CARE

ADMINISTRATION

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

Srassee, FL 32301 8- 540

1

Dated:

nn Hick Hicks o-- 2015

Chief Financial Officer

Dated:

4C– Stuart i;,; es. Williams, Es Esquire

Dated:

Dated: A/ 0 V. 2015

Joseph G. Hern, Jr., Esquire

Assistant General Counsel

Agency for Health Care Administration vs. The Health Center of Daytona Beach

Record ID F0515- 0259)

Settlement Agreement

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