Item T1
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date 2/18/04
Division
County Attorney
AGENDA ITEM WORDING
Presentation of settlement agreement with State to resolve allegations that the County ambulance
service improperly billed Medicaid for services rendered.
ITEM BACKGROUND
This item was added on due to the deadlines imposed in the matter. That deadline first came to the
attention of the County Attorney's office after the agenda deadline had passed.
On February 2, 2004, the Attorney General's office dusted off a 3-4 year old dispute with the County
over the appropriate billing rates for ambulance services. The dispute centers on whether the
services provide fall within the definition of advanced life support (ALS) or basic life support (BLS).
The AG's office has advised that it will settle the disputed amount for $6,630.34. That sum
represents the alleged amount in dispute of $4,811.68 plus the AG's investigative costs of
$1,818.66. The deadline for accepting that figure was extended from February 13 until February 23,
2004 to give the Board an opportunity to consider the proposal. The statute of limitations for filing
the action is approaching, hence the deadline. Any settlement agreement would not include an
admission of wrongdoing or fault on the part of the County.
The amount claimed by Medicaid was previously disputed by County personnel in a detailed letter
dated February 26, 2002, which set forth the County's position. That letter was left unanswered by
the AG's office for close to two years. The AG is basing its position on a vague, 3 year old opinion
from a physician who opined that some of the services provided were billed for incorrectly.
If no settlement is reached, the AG's office has advised that it may file criminal Medicaid fraud
charges or a civil action under the False Claims Act against an unspecified defendant. Both avenues
are problematic for the AG because the criminal statute has recently been declared unconstitutional
and the County enjoys statutory immunity from a Florida False Claims Act claim. Nevertheless,
there may be other state or federal claims that could be brought against the County.
The AG's office has advised that it would file any action in Leon County, since that is where the
billing was submitted, in an effort to deprive any defendant of any home field advantage. Litigating
this dispute could very well exceed the amount sought in the AG's settlement offer.
PREVIOUS RELEVANT DOCC ACTION
none
CONTRACT/AGREEMENT CHANGES
STAFF RECOMMENDATIONS
TOTAL COST $6,630.34
BUDGETED Yes
Noxx
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COST TO COUNTY $6,630.34 SOURCE OF FUNDS
APPROVED BY: County Attorney _ OMS/Purchasing! Risk Management!
DIVISION DIRECTOR APPROVAL:
JOHN R. COLLINS
DOCUMENTATION:
Included !
To Follow!
Not Required!
AGENDA ITEM #
t
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IN THE CmCUIT COURT OF THE SIXTEENTH JUDICIAL DISTRICT OF
FLORIDA IN AND FOR MONROE COUNTY, FLORIDA
SHARK KEY DEVELOPMENT CORP.,
and SUSAN THOMMES
Petitioners,
CASE NO. 2004-CA-OOOlSl-K
JUDGE RICHARD G. PAYNE
vs.
MONROE COUNTY, FLORIDA
a subdivision of the State of Florida,
and JAMES ROBERTS as County
Administrator of Monroe County,
Florida.
Respondents.
::i;t~L~J<~:)"" D~
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JOINT MOTION FOR AGREED WRIT OF MANDAMUS
The Petitioners, SHARK KEY DEVELOPMENT CORP., and SUSAN
THOMMES, and the Respondents, MONROE COUNTY, FLORIDA and JAMES
ROBERTS, as County Administrator of Monroe County, Florida, by and through
undersigned counsels, file this Joint Motion and hereby agree as follows:
1. MONROE COUNTY shall review all Building Permit Applications for
lots situated on Shark Key under the bulk regulations development standards as set forth
in the Shark Key Planned Unit DevelopmentlMajor Development approvals by Monroe
County.
2. The Building Permit issued to SUSAN THOMMES for Lot 15, Block 3
shall be amended by MONROE COUNTY to provide for a 20 I shoreline set back as
defined in the Shark Key Planned Unit DevelopmentlMajor Development approvals.
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3. Each party shall bear said party's own attorney fees and costs in this
matter.
WHEREFORE, Petitioners and Respondents move this Honorable Court to enter
an Agreed Writ of Mandamus in this cause which incorporates the agreements contained
herein.
Dared~
ilL-
Michael Halpern, Esq.
Florida Bar No. 0218960
MICHAEL HALPERN P.A.
Counsel for Petitioners
209 Duval Street
Key West, Florida 33040
Tel. (305) 296-5667
Fax (305) 294-9852
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Dated o~\ \~ \ o~
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County Attorney
Florida Bar No. 0250163
Attorney for Respondents
P.O. Box 1026
Key West, Florida 33041
Phone (305) 292-3470
Fax (305) 292-3516
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