Exhibit 10.8
CIVIL AND ADMINISTRATIVE SETTLEMENT AGREEMENT
BY AND BETWEEN
THE UNITED STATES OF AMERICA, ACTING THROUGH
THE UNITED STATES DEPARTMENT OF JUSTICE,
AND ON BEHALF OF THE OFFICE OF INSPECTOR
GENERAL OF THE DEPARTMENT OF HEALTH & HUMAN SERVICES
AND
MARINER POST-ACUTE NETWORK, INC.
MARINER HEALTH GROUP, INC.
AND AFFILIATED DEBTORS
MARCH 25, 2002
TABLE OF CONTENTS
PAGE
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CIVIL AND ADMINISTRATIVE SETTLEMENT AGREEMENT..................................................................... 1
I. THE PARTIES.......................................................................................... 1
A............................................................................................... 1
B............................................................................................... 1
C............................................................................................... 1
1...................................................................................... 1
2...................................................................................... 2
3...................................................................................... 2
4...................................................................................... 2
5...................................................................................... 2
6...................................................................................... 2
7...................................................................................... 3
II. PREAMBLE............................................................................................ 3
A. Debtors..................................................................................... 3
B. Debtors' Claims Against the United States................................................... 4
C. CMS' Claims Against Debtors................................................................. 4
D. False Claims Act Claims Against Debtors..................................................... 4
E. Proofs of Claim............................................................................. 5
F. Debtors' Participation in Medicare/Medicaid................................................. 5
G. The Covered Conduct......................................................................... 5
1. Xxxxxxx............................................................................ 6
2. Xxxxxxxx........................................................................... 6
3. Xxxxxx............................................................................. 6
4. Xxxxxxx............................................................................ 6
5. Xxxxxx............................................................................. 7
6. Xxxxxx............................................................................. 7
7. Xxxxxxxxxxx........................................................................ 8
8. Cambridge East, Sunny Hill and Catonsville......................................... 8
9. Rehabilitation Therapy............................................................. 8
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H. Agreement Not an Admission................................................................... 9
I. Corporate Integrity Agreement................................................................ 9
J. Effective Date............................................................................... 9
III. TERMS AND CONDITIONS............................................................................... 9
A. Bankruptcy Treatment of Medicare Provider Agreements........................................ 9
1. Assumed Agreements................................................................. 10
2. Rejected Agreements................................................................ 10
3. Suppliers.......................................................................... 10
4. Scope.............................................................................. 10
B. Treatment of CMS Claims..................................................................... 10
1. Cure of Defaults in Provider Agreements............................................ 10
a. CMS Offset............................................................... 10
b. Net Amount Due to Debtors.................................................. 10
2. Mutual Release..................................................................... 11
a. Scope of Release.......................................................... 11
b. Release of Claims Under Prudent Buyer Settlement........................... 11
3. Treatment of CMS Overpayment Claims................................................ 11
a. Closure of Pre-petition Cost Years........................................ 12
b. Treatment of Cost Years that Span the Petition Date....................... 12
c. Overpayments Arising After the Petition Date.............................. 12
d. Reopening................................................................. 12
4. Treatment of CMS CMP Claims........................................................ 13
a. Preservation of Findings Relating to Quality of Care...................... 13
b. Accrual of CMPs........................................................... 13
c. Treatment of Post-petition CMPs........................................... 13
d. Treatment of CMPs That Span the Petition Date............................. 14
5. Dismissal of Appeals............................................................... 14
6. Collection of Post-petition CMS Claims............................................ 14
7. Claims under Rejected Provider Agreements.......................................... 15
8. Claims Relating to Suppliers........................................................ 15
9. Corporate Reorganization........................................................... 15
C. United States False Claims Act Claims....................................................... 15
1. False Claims Act Payment........................................................... 15
2. Release of Debtors' Claims Against the United States Relating to the False
Claims Act.................................................................... 15
3. Release of United States False Claims Act Claims Against the Debtors
Relating to the False Claims Act.............................................. 16
4. Dismissal of Qui Tam Actions....................................................... 16
a............................................................................. 16
b............................................................................. 16
5. Reservations....................................................................... 17
a............................................................................. 17
b............................................................................. 17
c............................................................................. 17
d............................................................................. 17
e............................................................................. 17
f............................................................................. 17
g............................................................................. 17
h............................................................................. 17
i............................................................................. 17
D. OIG Permissive Exclusion Release............................................................ 18
E. Release By The Relators as to Debtors....................................................... 18
F. Release of Beneficiaries and Authorized Representatives..................................... 20
G. Waiver of Certain Defenses.................................................................. 20
H. Payment By CMS.............................................................................. 20
I. Unallowable Costs Defined................................................................... 21
1................................................................................... 21
2................................................................................... 21
3................................................................................... 21
4................................................................................... 21
5................................................................................... 21
6................................................................................... 21
J. Unallowable Costs in Post-petition Cost Reports............................................. 22
K. No Third Party Beneficiaries................................................................ 22
L. Allowance of Proofs of Claim................................................................ 00
X. Xxxxxxxxxxx................................................................................. 00
X. Xxxxxxxx of Agreement....................................................................... 23
O. Defense of Agreement........................................................................ 23
P. Each Party to Bear Its Own Costs............................................................ 23
Q. Federal Law Governs......................................................................... 24
R. No Amendment Except in Writing.............................................................. 24
S. Qui Tam Actions Treated as Unsecured Claims If Not Dismissed................................ 24
T. Incorporation of Prior Stipulations and Orders.............................................. 25
U. Authority to Execute........................................................................ 25
V. Execution in Counterparts................................................................... 25
W. Binding on Successors....................................................................... 25
X. Approval by the Bankruptcy Court............................................................ 25
Y. Discharge................................................................................... 25
THE UNITED STATES OF AMERICA...................................................................................... 26
DEBTORS........................................................................................................... 27
RELATORS.......................................................................................................... 27
CIVIL AND ADMINISTRATIVE SETTLEMENT AGREEMENT
I. THE PARTIES
This Civil and Administrative Settlement Agreement ("Agreement") is
entered into between the following through their authorized representatives:
A. The United States of America, acting through the United States
Department of Justice and on behalf of the Office of Inspector General
("OIG-HHS") of the Department of Health and Human Services ("HHS"), and the
Centers for Medicare & Medicaid Services ("CMS") (formerly the Health Care
Financing Administration), of HHS; (collectively the "United States"); and
B. Mariner Post-Acute Network, Inc. ("MPAN"), Mariner Health Group,
Inc. ("MHG"), and affiliated debtors as defined in paragraph II.A. below,
(collectively "the Debtors"). The Parties agree that the Debtors' facilities and
the Medicare provider agreements (each identified by a Medicare provider
number), specified in Exhibits A, B, and C, and the Debtors' suppliers
(identified by a Medicare supplier number), specified in Exhibit D, are the
exclusive and all-inclusive listing of Debtors' Medicare providers and suppliers
which are subject to this Agreement; and
C. The following individuals and entities (collectively hereinafter
"the Relators") (collectively, the complaints identified below are hereinafter
"the Qui Tam Actions"):
1. Xxxxx Xxxxxx Xxxxxxx, who has filed a qui tam complaint
styled United States ex rel. Xxxxx Xxxxxx Xxxxxxx v. Vencor, Inc., Vencare,
Inc., Xxxxxxx Enterprises-Kansas, Inc., Living Centers of America, Chartwell
Health Care, Inc., DSJ Health Care, Inc., Xxxxx-Xxxxx Skilled Nursing, Texas
Health Enterprises, Xxxxx Xxxxxx, Xxx Xxxx, and W. Xxxxx Xxxxxxxx,
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Civil Action No. 3:97CV-349-J (W.D. Ky.) ("the Xxxxxxx qui xxx");
2. Xxxxx Xxx Xxxxxxxx Xxxxxxxx and Partnership for Fraud
Analysis, who together have filed a qui tam complaint styled United States ex
rel. Xxxxx Xxx Xxxxxxxx Xxxxxxxx and Partnership for Fraud Analysis ex rel.
Paragon Health Network, Inc., ARA Group, Inc., ARA Living Centers, Inc., and
Living Centers of America, Inc., Civil Action No. 97-6801 NS (E.D. Pa.)("the
Xxxxxxxx qui xxx");
3. Xxxxxx Xxxxxx, who has filed a qui tam complaint styled
United States ex rel. Xxxxxxx Xxxxxx v. Restore Respiratory Care, Inc., Avante
Group, Inc. and Mariner Health Group, Inc., Civil Action No. 1:98-cv-2960-HTW
(N.D. Ga.)("the Xxxxxx qui tam");
4. Xxxxx X. Xxxxxxx, who has filed a qui tam complaint styled
United States ex rel. Xxxxx X. Xxxxxxx v. Living Centers of America, Inc.,
American Pharmaceutical Services, Inc., Provider Affiliated Services, Unicare
Health Facilities, Inc., and Unicare Homes, Inc., Civil Action No.
97-2600-CIV-T-17B (M.D. Fla.)("the Xxxxxxx qui tam");
5. Xxxxx X. Xxxxxx, Xxxx Xxxxx Xxxxxx, Xxxxxxx Xxxxxx,
Xxxxxxxx Xxxxx and Xxxxx Xxxxxx, who together have filed a qui tam complaint
styled United States ex rel. Xxxxx X. Xxxxxx, Xxxx Xxxxx Xxxxxx, Xxxxxxx Xxxxxx,
Xxxxxxxx Xxxxx and Xxxxx Xxxxxx x. Xxxxxxx Post-Acute Network, Inc., Mariner
Health Group, Inc., Convalescent Services, Inc., Paragon Health Network, Inc.,
and Living Centers of America, Inc., Civil Action No. H-98-3851 (S.D. Tex.)("the
Xxxxxx qui tam");
6. Xxxx X. Xxxxxx, who has filed a qui tam complaint styled
United States ex rel. Xxxx X. Xxxxxx v. Paragon Health Network, Inc., Therapy
Management Innovations, Inc. and Rehability Hospital Services, Inc., Civil
Action No. CV-98-P-0630-S (N.D. Ala.)("the Powellqui tam"), and;
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7. Xxxxxxx X. Xxxxxxxxxxx, who has filed a qui tam complaint
styled United States ex rel. Xxxxxxx X. Xxxxxxxxxxx v. Forum Health Investors of
Georgia, Inc., Southwest Medical Center, Inc., Summit Institute of Pulmonary
Medicine and Rehabilitation, Inc., Xxxxxx Xxxxx and Xxxxxxx Xxxxxxxxxx, Civil
Action No. 1:01-cv-0593-JOF (N.D. Ga.)("the Weatherford qui tam").
The United States, the Debtors and the Relators are collectively "the
Parties."
II. PREAMBLE
As a preamble to this Agreement, the Parties agree to the following:
A. Debtors. MPAN, a Delaware corporation, and certain of its direct and
indirect subsidiaries and affiliated partnerships (collectively with MPAN, "MPAN
Debtors") are debtors and debtors in possession in jointly-administered chapter
11 cases (case nos. 00-00113(MFW) through 00-00214 (MFW) inclusive) that are
pending in the United States Bankruptcy Court for the District of Delaware
("Bankruptcy Court"). MHG, a Delaware corporation and a wholly-owned subsidiary
of MPAN, and certain of its direct and indirect subsidiaries and affiliated
partnerships (collectively with MHG, "MHG Debtors") also are debtors and debtors
in possession in jointly-administered chapter 11 cases (case nos. 00-00215(MFW)
through 00-00301(MFW) inclusive) that are pending in the Bankruptcy Court. The
Debtors commenced their respective chapter 11 cases by filing voluntary
petitions in the Bankruptcy Court on January 18, 2000 ("Petition Date"). The
Debtors operate or have operated skilled nursing facilities, assisted living
facilities, long-term acute-care hospitals, rehabilitation therapy providers,
home health agencies, and institutional pharmacy providers.
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B. Debtors' Claims Against the United States The Debtors contend that
they have claims or causes of action against CMS for services rendered or
products supplied to beneficiaries under Medicare up to and including the
Petition Date, including but not limited to determined underpayments now in
administrative freeze, claims on appeal and claims for services to Medicare
beneficiaries disallowed under the "Prudent Buyer" principle and detailed in a
separate settlement agreement at Exhibit E (the "Prudent Buyer Settlement"). The
Prudent Buyer Settlement is incorporated herein by reference. Debtors may also
have claims or causes of action against the United States relating to the Qui
Tam Actions or the Covered Conduct (defined in paragraph II.G., below).
C. CMS' Claims Against Debtors. CMS contends that it has (i) made
determined, and may have made additional undetermined, administrative
overpayments to the Debtors for services rendered or products supplied to
beneficiaries under Medicare up to and including the Petition Date (the "CMS
Overpayment Claims"), and (ii) determined civil monetary penalties which accrued
up to and including the Petition Date pursuant to 42 U.S.C.
ss.1395i-3(h)(2)(B)(ii) and 42 U.S.C. ss. 1396r(h)(2)(A)(ii) (the "CMS CMP
Claims," and, collectively with the CMS Overpayment Claims, the "CMS Claims.")
D. False Claims Act Claims Against Debtors. The United States further
contends that it has claims or causes of action against Debtors asserted by or
on behalf of the United States, or its agencies, departments, officers, agents,
or by the Relators under 31 U.S.C. ss. 3730(b) or (d) (including any and all qui
tam claims) seeking payments, damages, offsets, recoupments, penalties, costs,
expenses of any kind, or other remedies of any kind: (i) under the False Claims
Act, 31 U.S.C. xx.xx. 3729-3733, the Program Fraud Civil Remedies Act, 31 U.S.C.
xx.xx. 3801-3812;
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and/or other statutory or common law doctrines of payment by mistake, unjust
enrichment, breach of contract, or fraud; (ii) for civil monetary penalties
imposed pursuant to the Civil Monetary Penalties Law, 42 U.S.C. ss. 1320a-7a
(not including CMPs imposed by CMS pursuant to 42 U.S.C. xx.xx.
1395i-3(H)(2)(B)(ii) or 1396r(h)(2)(A)(ii)); and (iii) for permissive exclusion
from Medicare, Medicaid, and other federal health programs pursuant to the Civil
Monetary Penalties Law, 42 U.S.C. ss. 1320a-7(b) (collectively, the "United
States False Claims Act Claims").
E. Proofs of Claim. The United States False Claims Act Claims include,
but are not limited to, all claims asserted in the proofs of claim filed in the
Debtors' chapter 11 cases by the United States with respect to the United States
False Claims Act Claims, relating to Medicare and/or Medicaid (federal portion
only). The CMS Claims include, but are not limited to, all claims asserted in
the proofs of claim filed in the Debtors' chapter 11 cases by CMS with respect
to the CMS Claims. The proofs of claim referred to in this paragraph II.E. are,
collectively, the "United States Proofs of Claim." The United States False
Claims Act Claims, the United States Proofs of Claim and the CMS Claims are
collectively the "United States Claims."
F. Debtors' Participation in Medicare/Medicaid. Debtors submitted or
caused to be submitted claims for payment to the Medicare Program, Title XVIII
of the Social Security Act, 42 U.S.C.ss.ss.1395-1395ggg, and the Medicaid
Program, Title XIX of the Social Security Act, 42 U.S.C.ss.ss.1396-1396v
(collectively "the Medicare/Medicaid Programs").
G. The Covered Conduct The United States False Claims Act Claims and
the Relators' claims allege the following conduct (hereinafter referred to as
the "Covered Conduct"):
1. Xxxxxxx. As alleged in the Xxxxxxx qui tam, for fraudulent
claims to Medicare
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and Medicaid submitted during the years 1993 through 1996 by Living Centers of
America, Inc., on behalf of the following skilled nursing facilities in the
Dallas-Fort Worth area of Texas: Progressive Care Center, Pavilion Nursing
Center, Gainesville Convalescent Center, Care Inn of Sanger and Care Inn of
Abilene. These claims were false in that Medicare and Medicaid were billed for
respiratory therapy supplies and services which were not medically necessary;
2. Xxxxxxxx. As alleged in the Xxxxxxxx qui tam, for
fraudulent claims to Medicare and Medicaid submitted by Debtors during the years
1992 through 1999 which were false in that claims were submitted for Medicare
and Medicaid services provided to patients when nursing facilities and/or
skilled nursing facilities owned and operated by the Debtors were not in
compliance with applicable federal and state regulations concerning the training
and certification of nurse aides employed at the nursing facilities and/or
skilled nursing facilities;
3. Xxxxxx. As alleged in the Xxxxxx qui tam, for maintaining
false or fraudulent documentation of respiratory care services and for
fraudulent claims to Medicare and Medicaid submitted by MHG during the years
1992 through 1999 which were false in that Medicare and Medicaid were
over-billed for respiratory therapy services provided by Restore Respiratory
Care, Inc;
4. Xxxxxxx. As alleged in the Xxxxxxx qui tam, for fraudulent
claims to Medicare and Medicaid submitted by Living Centers of America, Inc. and
Xxxxx Centers Corp. during the years 1992 through 1999 which were false in that
(1) Medicare and Medicaid were billed for medical supplies known as incontinent
kits which were not medically unnecessary; (2) some items in the incontinent
kits were not charged to the purchaser of the kit, and under the circumstances,
this constituted an illegal kickback, and; (3) Living Centers of America, Inc.
and
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Xxxxx Centers Corp. automatically waived the patient's co-insurance payment for
Medicare claims for supplies;
5. Xxxxxx. As alleged in the Xxxxxx qui tam, for maintaining
false or fraudulent documentation and for fraudulent claims to Medicare and
Medicaid submitted by all of the Debtors' skilled nursing facilities from 1995
through 1999 which were false in that nurse and other nursing facility staff
time was improperly allocated to Medicare cost centers when in fact the time so
allocated was spent caring for non-Medicare or non-Medicaid patients. In
addition, for fraudulent claims to Medicare and Medicaid submitted by all of the
Debtors' skilled nursing facilities from 1995 through 1999 which were false in
that (1) claims were submitted for Medicare and Medicaid skilled nursing
services that were unnecessary, improper or incompletely performed, and
fraudulent or false charts were maintained to support the cost of these
services; (2) skilled nursing facilities were chronically understaffed resulting
in sub-standard quality of care; (3) Medicare patients at skilled nursing
facilities were improperly and unnecessarily provided physical and occupational
therapy; (4) prescription drugs were inappropriately prescribed and billed to
Medicare for patients at skilled nursing facilities; and (5) patients were
unnecessarily referred to acute care hospitals in order to qualify them for
Medicare extended care benefits;
6. Xxxxxx. As alleged in the Xxxxxx qui tam, for fraudulent
claims to Medicare and Medicaid submitted by Paragon Health Network, Inc., d/b/a
Fairview Nursing Home, in Leeds, Alabama, and Rehability Hospital Services,
Inc., between February and May 1997, which were false in that they (1)
represented that services had been provided to Medicare and Medicaid
beneficiaries, when in fact such services had not been rendered; (2) were for
services which were
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not medically necessary, and; (3) were for therapy equipment that was improperly
billed to Medicare Part A;
7. Xxxxxxxxxxx. As alleged in the Xxxxxxxxxxx qui tam, for
fraudulent claims for reimbursement made on Medicare and Medicaid cost reports
submitted for cost report years ending between 1992 and 1996 on behalf of Summit
Institute of Pulmonary Medicine by Forum Health Investors, Inc., which falsely
represented that payments of principal and interest had been made on a
promissory note to American Medical International, Inc., when in fact no such
payments were made;
8. Cambridge East, Sunny Hill and Catonsville. As discovered
during other ongoing investigations conducted by the Department of Justice or
HHS-OIG, for fraudulent claims submitted to Medicare and Medicaid by the
Debtors' Cambridge East, Sunny Hill, and Catonsville skilled nursing facilities
from 1997 until 2001, which were false in that they billed for services which
were not rendered, or were deficient, inadequate, substandard, and were of a
quality which failed to meet professionally recognized standards of healthcare;
and
9. Rehabilitation Therapy. As discovered during other ongoing
investigations conducted by the Department of Justice or OIG-HHS, for fraudulent
claims to Medicare and Medicaid submitted by Debtors' Rehability subsidiary
between 1996 and 1998, which were false in that they (1) were for services which
were not medically necessary, and; (2) were for bad debts which were improperly
claimed on cost reports filed by the Debtors' Rehability subsidiary from 1996
until 2000.
H. Agreement Not an Admission. This Agreement does not constitute
evidence or an admission by the Parties of any liability or wrongful conduct
with respect to the Covered
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Conduct, the allegations in the Qui Tam Actions and in the United States Claims,
or any issue of law or fact. The Debtors deny the allegations of the United
States as set forth in paragraph II.G., specifically including, without
limitation, all of the allegations set out in the Qui Tam Actions identified in
paragraphs II.G.1. through II.G.7.
I. Corporate Integrity Agreement. The Debtors and OIG-HHS have executed
a separate Corporate Integrity Agreement ("CIA"), which is incorporated herein
by reference as Exhibit F.
J Effective Date. The Parties agree that, except for the provisions of
III.X., which shall become effective immediately upon execution by all of the
Parties of this Agreement, the effectiveness of this Agreement will require the
approval of the Bankruptcy Court. The date upon which the Bankruptcy Court
enters an order approving this Agreement, including the CIA, shall constitute
the effective date ("Effective Date") of this Agreement.
To avoid the delay, uncertainty, inconvenience, and expense of
protracted litigation of the claims set forth above, the Parties hereby reach a
full and final settlement of the respective claims pursuant to the Terms and
Conditions set forth below.
III. TERMS AND CONDITIONS
NOW, THEREFORE, in reliance upon the representations contained herein,
in consideration of the mutual promises, covenants, and obligations set forth
below, and for good and valuable consideration as stated herein, the Parties
agree as follows:
A. Bankruptcy Treatment of Medicare Provider Agreements.
1. Assumed Agreements. Upon the Effective Date, Debtors shall
assume the Medicare provider agreements of the facilities specified in Exhibit
A. With the consent of the United States, Debtors have already assumed the
provider agreements for the facilities specified in Exhibit B.
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2. Rejected Agreements. Upon the Effective Date, the Debtors
will reject the Medicare provider agreements for the facilities specified in
Exhibit C. The Debtors covenant not to acquire or contract to acquire the
Medicare providers associated with these rejected provider agreements for a
period of two (2) years after the Effective Date.
3. Suppliers. The suppliers listed on Exhibit D shall neither
assume nor reject any agreement with CMS.
4. Scope. This Agreement, including but not limited to the
releases and reservations herein, shall apply equally to all facilities on
Exhibits A, B, C and D, except where otherwise specified.
B. Treatment of CMS Claims.
1. Cure of Defaults in Provider Agreements
a. CMS Offset. The Debtors agree that CMS may apply
any claim which the Debtors release against CMS in this Agreement (including but
not limited to pre-petition underpayments, amounts due under the Prudent Buyer
Settlement (Exhibit E), except as specified in paragraph III.B.2.b., below, and
administrative appeal claims) against any CMS Claim, even if the claims are not
mutual as required by 11 U.S.C. ss. 553.
b. Net Amount Due to Debtors. CMS and Debtors agree,
for settlement purposes only, that CMS owes Debtors $29,290,363.00 net for
pre-petition cost periods, after completing all offsets permitted by paragraph
III.B.1.a., above. Such agreement may not be used against the United States or
the Debtors for any other purpose or in any other litigation or forum.
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2. Mutual Release.
a. Scope of Release. Debtors and the United States
(on behalf of CMS) mutually release each other from all claims and causes of
action in connection with services rendered to beneficiaries under Medicare for
all fiscal periods, including partial fiscal periods, ending on or before the
Petition Date or products supplied to beneficiaries before the Petition Date;
provided, however, that the Debtors reserve as against CMS the right to collect
$29,390,363 from such claims and causes of action, which CMS shall distribute as
set forth in paragraphs III.C.1 and III.H.
b. Release of Debtors' Claims Under Prudent Buyer
Settlement. The Debtors also release all claims and causes of action arising
under the Prudent Buyer Settlement (Exhibit E), for all fiscal periods, whether
pre-petition or post-petition, except as set forth in this paragraph III.B.2.b.
For purposes of determining the Debtors' skilled nursing facility prospective
payment system ("PPS") rates for cost reporting periods ending 12/31/2001 and
thereafter, the Debtors' Medicare allowable fiscal year 1995 costs shall be
deemed to include all costs previously removed through prudent buyer
disallowances, as set forth in Exhibit E. Thus, the Debtors' PPS rates, for cost
reporting periods ending 12/31/2001 and thereafter, shall be computed as set
forth in Exhibit E, as if all prudent buyer disallowances of speech therapy and
occupational therapy costs for fiscal year 1995 were reversed in their entirety.
3. Treatment of CMS Overpayment Claims.
a. Closure of Pre-petition Cost Years. All Medicare
fiscal years ending before the Petition Date shall be closed with no further
audit, appeal or reopening (except as otherwise provided in III.B.3.d., below).
The Debtors shall, however, file all cost reports
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required under Medicare, including for periods administratively closed pursuant
to this Agreement.
b. Treatment of Cost Years that Span the Petition
Date. With respect to fiscal periods which span the Petition Date, the CMS
Overpayment Claim shall be determined by pro-rating the total overpayment
(determined via final settlement by a Medicare fiscal intermediary) according to
the number of days in the fiscal year occurring before and after the Petition
Date. The pre-petition portion is a CMS Overpayment Claim and shall be cured and
released pursuant to this Agreement and shall not be subject to audit, appeal or
reopening (except as provided in III.B.3.d., below).
c. Overpayments Arising After the Petition Date.
Debtors and CMS (except as specified in III.B.2.b., above) remain liable for any
claims arising after the Petition Date (including the pro-rated post-petition
amount of a fiscal period which spans the Petition Date) and reserve any rights
(whether of appeal or otherwise) and defenses with respect thereto. The Debtors
shall be entitled to seek reimbursement for the costs of preparing, submitting
and processing their Medicare cost reports described in this section in
accordance with applicable statutes and regulations.
d. Reopening. CMS shall be entitled to reopen the
Debtors' Medicare cost reports for fiscal periods ending prior to the Petition
Date solely for the purpose of complying with any Act of Congress requiring CMS
to rely upon settled cost reports for these years as a basis for adjusting
federal payment rates to providers participating in Medicare; provided, however,
that neither CMS nor the debtors shall use such adjustments to seek any further
payments for periods prior to the Petition Date, and the CMS shall only use such
adjustments to
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adjust payment rates to the Debtors for post-petition fiscal periods (including
partial periods) as part of adjustments in federal payment rates applicable to
all similarly situated providers participating in Medicare.
4. Treatment of CMS CMP Claims.
a. Preservation of Findings Relating to Quality of
Care. With respect to CMS CMP Claims which accrue in full before the Petition
Date, Debtors shall remain bound by any findings on a HCFA Form 2567, Statement
of Deficiencies (or successor form) relating to such claims (except as provided
for in any prior settlement agreement entered into by CMS and the Debtors on
such findings).
b. Accrual of CMPs. For the purposes of this
Agreement, a CMP accrues on the date that a per instance violation occurs or, in
the case of a per diem penalty, on each day that the facility is not in
substantial compliance. Thus, for a per diem CMP that spans the Petition Date,
the per diem penalty multiplied by the number of days out of compliance
occurring before the Petition Date shall be treated as a pre-petition penalty
(and is therefore a CMS CMP Claim), and the per diem penalty multiplied by the
number of days out of compliance occurring on or after the Petition Date shall
be treated as a post-petition penalty (and is therefore not a CMS CMP claim).
c. Treatment of Post-petition CMPs. The Debtors shall
remain obligated to CMS, and shall not be released from or receive a discharge
for, any CMP accruing in whole or in part after the Petition Date (except as
provided for in paragraph III.B.4.d.). Debtors and CMS reserve any rights
(whether of appeal or otherwise) and defenses with respect thereto.
d. Treatment of CMPs That Span the Petition Date.
With respect to
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CMPs which span the Petition Date, the Debtors remain liable for the
post-petition portion of such CMPs, and the pre-petition portion is released
pursuant to paragraph III.B.2.a.
5. Dismissal of Appeals. Within thirty (30) days following the
Effective Date, the Debtors shall request dismissal with prejudice or withdraw
with prejudice all challenges and appeals, in any fora, relating to the CMS
Claims and claims under the Prudent Buyer Settlement released in this Agreement;
provided, however, that Debtors may appeal CMS Claims which span the Petition
Date; provided, further, however, that Debtors shall be entitled collect or
reduce only the post-petition portion of such an appealed claim if their appeal
succeeds. This Agreement shall not limit Debtors' right to pursue a timely and
properly filed appeal or to challenge any overpayment arising or CMP accruing
after the Petition Date.
6. Collection of Post-petition CMS Claims CMS reserves the
right to collect post-petition overpayments and CMPs in accordance with
applicable non-bankruptcy law, including but not limited to the rights to recoup
or offset such claims, which rights shall not be impaired or affected by
Debtors' Plan of Reorganization in the chapter 11 cases (the "Plan"). CMS's
post-petition claims which accrue and are due prior to the Confirmation Date,
and would otherwise be payable at that time had the Debtors not filed their
chapter 11 cases, shall be paid as administrative expense claims in Debtors'
chapter 11 cases; provided, however, that CMS may collect in accordance with
applicable non-bankruptcy law any accrued post-petition CMP or post-petition
overpayment that is not paid by the Effective Date of the Plan.
7. Claims under Rejected Provider Agreements. CMS's offset
rights as set forth in paragraph III.B.1.a. shall constitute the sole recovery
under the Plan for the CMS Claims relating to the rejected provider agreements;
all pre-petition claims relating to the rejected
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providers are mutually released herein, as set forth in paragraph III.B.2.a.
8. Claims Relating to Suppliers. CMS's offset rights as set
forth in paragraph III.B.1.a. shall constitute the sole recovery under the Plan
for the CMS Claims relating to the suppliers; all pre-petition claims relating
to the suppliers are mutually released herein, as set forth in paragraph
III.B.2.a.
9. Corporate Reorganization. CMS shall process in accordance
with applicable Medicare law and procedure any change of ownership applications
in connection with the transfer of any Medicare provider between the Debtors'
legal entities under the Plan or any change of ownership as a result of a change
of control of the Debtors under any such Plan. Terminating and short cost
reports shall not be required on changes of ownership pursuant to this Paragraph
which take place within twenty-four (24) months of the effective date of the
Plan.
C. United States False Claims Act Claims.
1. False Claims Act Payment. In consideration of the United
States' release of the False Claims Act Claims in III.C.3., below, Debtors'
agree that $26,290,363.00 of the claims it reserved as against CMS (as specified
in paragraph III.B.2.a., above) shall be transferred by CMS to the Department of
Justice on the Debtors' behalf (the "False Claims Act Payment"). Debtors' waive
all further rights to this sum.
2. Release of Debtors' Claims Against the United States
Relating to the False Claims Act. In further consideration of the releases set
forth in paragraph III.C.3., below, the Debtors release the United States and
each of its agencies, officers, agents, employees and contractors from all
claims and causes of action (including attorneys fees, costs and expenses),
adjustments, and set-offs of any kind relating to the Covered Conduct, including
the
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investigation of the Covered Conduct, as of the Effective Date.
3. Release of United States False Claims Act Claims Against
the Debtors. In consideration of the False Claims Act Payment and the release in
paragraph III.C.2., above, and subject to the exceptions set forth in paragraph
III.C.5., below, the United States, on behalf of itself, its officers, agents,
agencies and departments, agrees to release the Debtors from any civil or
administrative monetary claim the United States has or may have for the Covered
Conduct under the False Claims Act, 31 U.S.C. XX.XX. 3729-3733; the Civil
Monetary Penalties Law, 42 U.S.C. ss. 1320a-7a (not including CMPs imposed by
CMS pursuant to 42 U.S.C. xx.xx. 1395i-3(H)(2)(B)(ii) or 1396r(h)(2)(A)(ii));
the Program Fraud Civil Remedies Act, 31 U.S.C. xx.xx. 3801-3812; or the common
law doctrines of payment by mistake, unjust enrichment, breach of contract and
fraud.
4. Dismissal of Qui Tam Actions. With respect to the Qui Tam
Actions, the United States agrees:
a. to move to dismiss as against the Debtors with
prejudice to the United States for the Covered Conduct; and
b. to move to dismiss with prejudice as to the
Relators for any and all claims in their entirety against any and all of the
Debtors. Such motions shall be made within thirty (30) days after the Effective
Date.
5. Reservations. Notwithstanding any term of this Agreement,
specifically reserved and excluded from the scope and terms of this Agreement as
to any entity or person, are any and all of the following:
a. Any civil, criminal or administrative claims
arising under Title 26,
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U.S. Code (Internal Revenue Code);
b. Any criminal liability;
c. Except as explicitly stated in this Agreement, any
administrative liability, including mandatory exclusion from Federal Health Care
Programs (as defined in 42 X.X.X.xx. 1320a-7b(f));
d. Any liability to the United States (or its
agencies) for any conduct other than the Covered Conduct, except as expressly
provided in paragraph III.B. and III.D. of this Agreement;
e. Any claims based upon such obligations as are
created by this Agreement or by the CIA;
f. Any express or implied warranty claims or other
claims for defective or deficient products or services, including quality of
goods and services, provided by the Debtors except as expressly set forth in the
Covered Conduct;
g. Any claims for personal injury or property damage
or for other consequential damages arising from the Covered Conduct;
h. Any claims based on a failure to deliver items or
services due, except as expressly set forth in the Covered Conduct; and
i. Any claims against any individuals, including
directors, officers and employees, except as otherwise provided in paragraph
III.E. below.
D. OIG Permissive Exclusion Release. OIG-HHS agrees to refrain from
instituting, directing or maintaining any administrative claim or action seeking
exclusion from Medicare/Medicaid or other Federal Health Care Programs (as
defined in 42 U.S.C. ss. 1320a-
-17-
7b(f)) against the Debtors under 42 U.S.C. ss. 1320a-7a (Civil Monetary
Penalties Law, except for CMPs imposed by CMS pursuant to 42 U.S.C. xx.xx.
1395i-3(H)(2)(B)(ii) or 1396r(h)(2)(A)(ii)), or 42 U.S.C. ss. 1320a-7(b)
(permissive exclusion), for the Covered Conduct, as of the Effective Date. The
Debtors acknowledge and agree that OIG-HHS expressly reserves all rights to
comply with any statutory obligations to exclude the Debtors from
Medicare/Medicaid or other Federal Health Care Programs (as defined in 42 U.S.C.
ss. 1320a-7b(f)) under 42 U.S.C. Section 1320a-7(a) (mandatory exclusion) based
on the Covered Conduct. Nothing in this Paragraph precludes OIG-HHS from taking
action against entities or persons, or for conduct and practices, for which
civil claims have been reserved in Paragraph III.C.5., above.
E. Release By The Relators as to Debtors. In consideration of the
obligations of the Debtors set forth in this Agreement, the Relators for
themselves and for their heirs, successors, attorneys, agents, and assigns agree
to release the Debtors and each of their current and former officers, directors,
employees, agents, shareholders and attorneys from any and all civil claims they
have from the filing of the Qui Tam Actions, or could have advanced under the
False Claims Act, 31 U.S.C. xx.xx. 3729-3733, for expenses or attorneys' fees
and costs under 31 U.S.C. ss. 3730(h), or under 31 U.S.C. ss. 3730(h) for
employment decisions by Debtors and/or other statutory or common law doctrines
of payment by mistake, unjust enrichment, breach of contract, fraud, or the
like, and Relators covenant not to xxx with respect to, and release, acquit,
waive, and forever discharge Debtors, their current and former officers and
directors, employees, agents, attorneys and shareholders from any and all
rights, claims, expenses, debts, liabilities, demands, obligations, costs,
damages, injuries, actions and causes of action of every nature,
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whether known or unknown, suspected or unsuspected, in law or in equity,
including those for attorneys' fees and costs arising prior to the effective
date of the Plan.
Within 30 days of the Effective Date, Relators, with respect to any
state false claims act claim, shall dismiss with prejudice as to Debtors, their
current and former officers, directors, employees, agents, attorneys and
shareholders, any and all claims that Relators have filed in any state or
federal court, and, as necessary, obtain such approval of any state authorities
to do so.
Relators agree that upon Bankruptcy Court approval of this settlement,
any and all proofs of claim filed by Relators shall be deemed withdrawn, with
prejudice (except proofs of claim for attorney's fees and costs arising under 31
U.S.C. ss. 3730(d)(1)), and that Relators shall file no other or further proofs
of claim against any of the Debtors. To effectuate the foregoing, Relators shall
execute and deliver to the Debtors a Withdrawal of Claim in the form attached
hereto as Exhibit G.
The Relators also agree to accept the terms and conditions of this
Agreement as set forth in paragraph III.A. through III.X., including the amount
of the False Claims Act Payment (defined in paragraph III.C.1., above), as being
a fair, adequate and reasonable compromise of the United States False Claims Act
Claims pursuant to 31 U.S.C. ss. 3730, and as a full and final settlement of any
and all claims they may have or could have advanced against the Debtors. Payment
of reasonable attorneys fees and costs, as provided for by 31 U.S.C. ss.
3730(d)(1), is not included in this Agreement, but will be the subject of
separate agreements to be reached between the Debtors and some or all of the
Relators, or resolved in separate proceedings and the Debtors reserve all of
their rights and defenses with respect thereto.
F. Release of Beneficiaries and Authorized Representatives. The Debtors
will not seek
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payment for any of the Medicare/Medicaid claims released by this Agreement from
any Medicare or Medicaid beneficiaries or their authorized representatives. The
Debtors waive any causes of action against these beneficiaries or their
authorized representatives based on the claims released under this Agreement.
G. Waiver of Certain Defenses. The Debtors waive and will not assert
any defenses they may have to any criminal prosecution or administrative action
relating to the United States Claims, to the extent such defenses are based in
whole or in part on a contention that, under the Double Jeopardy Clause in the
Fifth Amendment of the Constitution, or under the Excessive Fines Clause in the
Eighth Amendment of the Constitution, this Agreement bars a remedy sought in any
such criminal prosecution or administrative action. The Debtors agree that this
Agreement is not punitive in purpose or effect. Nothing in this paragraph or any
other provision of this Agreement constitutes an agreement by the United States
concerning the characterization of this Agreement for purposes of the Internal
Revenue Laws, Title 26 of the United States Code.
H. Payment By CMS. CMS will pay the Debtors $3 million by electronic
funds transfer in accordance with payment instructions provided by the Debtors
within sixty (60) days following the Effective Date, which represents the
difference between the $29,290,363 which CMS has agreed, for purposes of
settlement, is due to the Debtors for the cost periods released and resolved
herein (see paragraph III.B.1.b.), and the $26,290,363 which is the False Claims
Act Payment (see paragraph III.C.1.).
I. Unallowable Costs Defined. The Debtors acknowledge and agree that
all costs (as defined in the Federal Acquisition Regulations ("FAR") 48
C.F.R.ss.31.205-47 and in Titles
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XVIII and XIX of the Social Security Act, 42 U.S.C.ss.ss.1395-1395ggg and
1396-1396v, and the regulations promulgated thereunder) incurred by or on behalf
of the Debtors, their present or former officers, directors, employees,
shareholders, and agents in connection with:
1. The matters covered by this Agreement, including, the costs
of negotiation of the CIA;
2. The United States' audit(s) and any civil and criminal
investigation(s) of the matters covered by this Agreement;
3. The investigation, defense, and corrective actions
undertaken in response to the United States' audit(s) and any civil or criminal
investigation(s) in connection with the matters covered by this Agreement
(including attorney's fees);
4. Obligations undertaken pursuant to the CIA to: (i) retain
an independent review organization to perform annual reviews as described in
Section III.D.2. of the CIA; (ii) retain and pay expenses and fees for the third
party monitor pursuant to Section III.D.1. of the CIA; and (iii) prepare and
submit reports to the OIG;
5. The negotiation and implementation of this Agreement; and
6. Any payments that the Debtors may make to Relators'
attorneys; are unallowable costs on Government contracts and under the Medicare
Program, Medicaid Program, TRICARE Program, and Federal Employees Health
Benefits Program ("FEHBP") (collectively, the "Unallowable Costs"). The Debtors
shall separately determine and account for these Unallowable Costs in a
nonreimbursable cost center and shall neither charge such costs, directly, or
indirectly, to any contracts with the United States or any state Medicaid
program, nor seek payment for such Unallowable Costs through any cost report,
cost statement, information
-21-
statement, or payment request submitted by the Debtors that includes
postpetition periods to the Medicare, Medicaid, TRICARE, or FEHBP Programs
(collectively, the "Post-petition Cost Reports"). Nothing in this paragraph I
affects the allowability of costs not expressly enumerated herein.
J. Unallowable Costs in Post-petition Cost Reports. The Debtors further
agree that within sixty days (60) of the Effective Date, the Debtors shall
identify to applicable Medicare fiscal intermediaries, carriers and/or
contractors, and Medicaid fiscal agents, any Unallowable Costs included in the
Post-petition Cost Reports, and will request, and agree, that the Post-petition
Cost Reports, even if already settled, be adjusted to account for the effect of
the inclusion of the Unallowable Costs. The Debtors agree that the United States
will be entitled to recoup any overpayment as the result of the inclusion of
such Unallowable Costs on the Post-petition Cost Reports. Any payment due as a
result of the adjustments, after the adjustments have been made, shall be paid
to the United States pursuant to the direction of the Department of Justice,
and/or the affected agencies. The United States reserves its rights to disagree
with any of the Debtors' calculations submitted on the effect of inclusion of
Unallowable Costs on the Post-petition Cost Reports.
K. No Third Party Beneficiaries. This Agreement is intended to be for
the benefit of the Parties and by this instrument the Parties do not release any
claims against any other person or entity.
L. Allowance of Proofs of Claim. As of the Effective Date, all of the
United States Proofs of Claim shall be deemed to have been allowed and satisfied
via the mutual consideration and covenants set forth in this Agreement.
-22-
M. Cooperation. The Debtors shall cooperate fully and truthfully with
the United States' investigation of individuals and entities not specifically
released by the United States pursuant to this Agreement. In this regard, upon
reasonable notice, the Debtors will make reasonable efforts to identify,
facilitate access to, and encourage the cooperation of, their directors,
officers, employees, and other witnesses for interviews and testimony,
consistent with the rights and privileges of such individuals, and will make
available to the United States, upon reasonable requests, all nonprivileged
documents and records in its possession, custody or control relating to the
United States Claims.
N. Fairness of Agreement. Pursuant to Bankruptcy Rule 9019, and any
applicable federal, non-bankruptcy and state law, including, but not limited to
31 U.S.C. ss. 3730(c)(2)(B), this Agreement constitutes a good faith compromise
and full and final monetary settlement of the United States Claims, which
compromise and settlement is in the best interests of the Debtors, and this
Agreement and each enumerated settlement amount are fair, adequate and
reasonable under the circumstances.
O. Defense of Agreement. Should this Agreement be challenged by any
Relator, the United States and the Debtors agree that they will take all
reasonable and necessary steps to resolve the challenge in a manner consistent
with this Agreement.
P. Each Party to Bear Its Own Costs. The United States and the Debtors
will each bear their own legal and other costs incurred in connection with this
matter, including the preparation and performance of this Agreement. Payment of
reasonable Relators' attorneys fees and costs by the Debtors, as provided for by
31 U.S.C. ss. 3730(d)(1), is not included in this Agreement, and may be the
subject of separate agreements between the Debtors and some or all of the
Relators.
-23-
Q. Federal Law Governs. This Agreement is governed by the laws of the
United States. The Parties agree that, except as specified below, the exclusive
jurisdiction and venue for any dispute regarding interpretation or enforcement
of this agreement arising between and among the Parties under this Agreement
will be the United States Bankruptcy Court for the District of Delaware. The
Parties further agree that the jurisdiction and venue for any dispute arising as
to any of the Qui Tam actions under the FCA may also be in an appropriate United
States District Court or, if applicable, another Federal Court of competent
jurisdiction. Disputes arising under the CIA shall be resolved exclusively under
the dispute resolution provision in the CIA.
R. No Amendment Except in Writing. This Agreement may not be amended
except by written consent of the Parties, provided, however, that only the
Debtors and OIG-HHS must agree in writing to any modification of the CIA.
S. Qui Tam Actions Treated as Unsecured Claims If Not Dismissed. In the
event that any of the Qui Tam Actions is not dismissed with prejudice against
the Debtors by the Relators, and with prejudice against the United States, by a
final order of a United States District Court, the United States acknowledges
that any claim asserted or judgment obtained by a Relator in such action shall
be treated as a non-priority, prepetition general unsecured claim under the
Plan. The subsequent resolution of any such Qui Tam Action not dismissed with
prejudice against the United States shall have no effect on the obligations of
the debtor hereunder.
T. Incorporation of Prior Stipulations and Orders. The stipulation
between the United States and Debtors approved by the Bankruptcy Court on
January 18, 2000, and the stipulations and/or orders permitting the assumption
of Medicare provider agreements for the facilities listed on Exhibit C, are
hereby incorporated by reference; provided, however, that to the extent that
-24-
such stipulations and/or orders are inconsistent with this Agreement, this
Agreement shall supersede them and shall govern the rights of the United States
and the Debtors, and without limiting the foregoing, nothing contained in any
such stipulation or order shall limit or otherwise modify the scope of any of
the releases provided in this Agreement.
U. Authority to Execute. The undersigned individuals signing this
Agreement on behalf of the Debtors represent and warrant that they are
authorized by the Debtors to execute this Agreement. The undersigned United
States signatories represent that they are signing this Agreement in their
official capacities and that they are authorized to execute this Agreement.
V. Execution in Counterparts. This Agreement may be executed in
counterparts, each of which constitutes an original and all of which constitute
one and the same agreement.
W. Binding on Successors. This Agreement is binding on, and shall inure
to the benefit of, those who succeed the Debtors or take transfer of or accept
assignment of the Debtors' rights on or after the Effective Date.
X. Approval by the Bankruptcy Court. The Parties shall cooperate in
seeking the approval of this Agreement by the Bankruptcy Court.
Y. Discharge. Nothing contained in this Agreement shall be deemed to
limit or modify the Debtors' right to a discharge or the scope and effect of the
discharge under the Plan; provided, however, that the discharge shall not apply
to the obligations which the Debtors have undertaken under this Agreement, and
the Plan shall not release any individuals for any liability relating to the
Covered Conduct.
-00-
XXX XXXXXX XXXXXX XX XXXXXXX
XXXXXX X. XxXXXXXX, XX.
Acting Assistant Attorney General
XXXX X. XXXXXXXX
United States Attorney
XXXXX X. XXXXXXX
Assistant U.S. Attorney
DATED: BY:
-------------------------- --------------------------------------
J. XXXXXXXXXXX XXXX
XXXXX X. XXXXX, XX.
XXXXXXXX XXXXXXXXXX
Commercial Litigation Branch
Civil Division
United States Department of
Justice
Tel: (000) 000-0000
Fax: (000) 000-0000
DATED: BY:
-------------------------- --------------------------------------
XXXXX XXXXXX
Assistant Inspector General
Office of Counsel to the
Inspector General
Office of Inspector General
United States Department of
Health and Human Services
DEBTORS
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DATED: BY:
-------------------------- --------------------------------------
XXXXX XXXXXX XXXXXXX
General Counsel and Executive Vice-
President
Mariner Post-Acute Network, Inc.
Mariner Health Group, Inc.
DATED: BY:
-------------------------- --------------------------------------
XXXXXX X. XXX
Xxxx Xxxxx LLP
Counsel for Mariner Post-Acute
Network, Inc.
Counsel for Mariner Health Group, Inc.
DATED: BY:
-------------------------- --------------------------------------
XXXX X. XXXXXXXXX
Xxxx Xxxxx LLP
Counsel for Mariner Post-Acute
Network, Inc.
Counsel for Mariner Health Group, Inc.
RELATORS
XXXXX XXXXXX XXXXXXX
DATED: By:
-------------------------- --------------------------------------
XXXXX XXXXXX XXXXXXX
DATED: By:
-------------------------- --------------------------------------
Counsel for Xxxxx Xxxxxx Xxxxxxx
XXXXX XXX XXXXXXXX XXXXXXXX AND PARTNERSHIP FOR FRAUD ANALYSIS
DATED: By:
-------------------------- --------------------------------------
XXXXX XXX XXXXXXXX
XXXXXXXX
-27-
DATED: By:
-------------------------- --------------------------------------
PARTNERSHIP FOR FRAUD
ANALYSIS
DATED: By:
-------------------------- --------------------------------------
Counsel for Xxxxx Xxx Xxxxxxxx
Xxxxxxxx and Partnership for Fraud
Analysis
DATED: By:
-------------------------- --------------------------------------
Counsel for Xxxxx Xxx Xxxxxxxx
Xxxxxxxx and Partnership for Fraud
Analysis
XXXXXX XXXXXX
DATED: By:
-------------------------- --------------------------------------
XXXXXX XXXXXX
DATED: By:
-------------------------- --------------------------------------
Counsel for Xxxxxx Xxxxxx
XXXXX X. XXXXXXX
DATED: By:
-------------------------- --------------------------------------
XXXXX X. XXXXXXX
DATED: By:
-------------------------- --------------------------------------
Counsel for Xxxxx X. Xxxxxxx
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XXXXX X. XXXXXX XXXX XXXXX XXXXXX
XXXXXXX XXXXXX
XXXXXXXX XXXXX
XXXXX XXXXXX
DATED: By:
-------------------------- --------------------------------------
XXXXX X. XXXXXX
--------------------------------------
ROSE XXXXX XXXXXX
--------------------------------------
XXXXXXX XXXXXX
--------------------------------------
XXXXXXXX XXXXX
--------------------------------------
XXXXX XXXXXX
DATED: By:
-------------------------- --------------------------------------
Counsel for Xxxxx X. Xxxxxx, Xxxx
Xxxxx Xxxxxx, Xxxxxxx Xxxxxx,
Xxxxxxxx Xxxxx and Xxxxx Xxxxxx
XXXX X. XXXXXX
DATED: By:
-------------------------- --------------------------------------
XXXX X. XXXXXX
DATED: By:
-------------------------- --------------------------------------
Counsel for Xxxx X. Xxxxxx
XXXXXXX X. XXXXXXXXXXX
DATED: By:
-------------------------- --------------------------------------
XXXXXXX X. XXXXXXXXXXX
DATED: By:
-------------------------- --------------------------------------
Counsel for Xxxxxxx X. Xxxxxxxxxxx
-29-
EXHIBIT A
ASSUMED/RETAINED PROVIDERS
Provider Fiscal
Mariner Subsidiary Name of Provider State Number Interm.
------------------ ---------------- ----- -------- -------
MPAN ASSUMED/RETAINED PROVIDERS:
Living Ctrs East Inc. Montrose Bay HCC Alab. 01-5011 MofO
Living Ctrs East Inc. Xxxxxxx Manor Nurs. H Alab. 01-5037 MofO
Living Ctrs East Inc. South Haven Manor NH Alab. 01-5043 MofO
Living Ctrs East Inc. Xxxxxx Xxxxx Nurs. H Alab. 01-5119 MofO
Living Ctrs East Inc. Cedar Crest Nursing Home Alab. 01-5228 MofO
Living Ctrs East Inc. Fairview Nursing Home Alab. 01-5303 MofO
Summit Hosp. of SE Ariz. Inc. Summit Hosp. of SE Ariz. Ariz. 03-2004 MofO
Summit Hosp. of SE Ariz. Inc. Summit Hosp. of SE Ariz. Ariz. 03-3031 MofO
GranCare of Northern Cal. Inc. Creekside HCC Cal. 05-5099 BC-CA
GranCare Inc. Driftwood HCC-Santa Xxxx Xxx. 05-5109 MofO
AMS Properties Inc. Flagship HCC Cal. 05-5121 MofO
GranCare Inc. Pine Crest Cal. 05-5130 MofO
GranCare Inc. Autumn Hills HCC Cal. 05-5288 MofO
GranCare Inc. Skyline HCC-San Xxxx Cal. 05-5318 MofO
GranCare of Northern Cal. Inc. Hayward Conv. Hosp. Cal. 05-5338 MofO
American-Cal Med. Serv. Inc. Inglewood HCC Cal. 05-5526 MofO
American-Cal Med. Serv. Inc. Santa Xxxxxx HCC Cal. 05-5540 MofO
GranCare of Northern Cal. Inc. Pine Ridge Care Ctr. Cal. 05-5850 MofO
GranCare Inc. Xxxxxxx Vista HCC Cal. 05-5960 MofO
GranCare Inc. Parkview HCC Cal. 05-6052 MofO
GranCare Inc. Almaden H & R Cal. 05-6058 MofO
AMS Properties Inc. Tarzana H&R Cal. 05-6124 MofO
HMI Conval. Care Inc. Excell HCC Cal. 05-6170 MofO
GranCare Inc. Florin HCC Cal. 05-6177 MofO
AMS Properties Inc. Palm Springs HCC Cal. 05-6229 MofO
GranCare of Northern Cal. Inc. Mission Xxxxxxxxxx Xxx. 05-6304 BC-CA,MofO
HostMasters Inc. Vale HCC Cal. 05-6389 MofO
GranCare Inc. Fremont HCC Cal. 05-6422 MofO
GranCare Inc. Hayward Hills HCC Cal. 05-6447 MofO
Living Ctrs Rocky Mtn Inc Sierra Vista Nursing H Col. 06-5165 TrailB
Living Ctrs Rocky Mtn Inc Fort Xxxxxxx HCC Col. 06-5166 TrailB
Living Ctrs Rocky Mtn Inc Aspen Living Ctr Col. 06-5168 TrailB
Living Ctrs Rocky Mtn Inc Belmont Lodge Col. 06-5169 TrailB
Living Ctrs Rocky Mtn Inc Sunset Manor Col. 06-5170 TrailB
Living Ctrs Rocky Mtn Inc Terrace Gardens HCC Col. 06-5172 TrailB
Living Ctrs Rocky Mtn Inc Sterling Living Ctr/Rose Arbor Col. 06-5174 TrailB
Living Ctrs Rocky Mtn Inc Cedarwood HCC Col. 06-5175 TrailB
GCI Xxxxxxx Care Ctr Inc Camellia HCC Col. 06-5176 TrailB
Living Ctrs Rocky Mtn Inc Alpine Living Center Col. 06-5193 TrailB
Living Ctrs Rocky Mtn Inc San Xxxx Living Ctr Col. 06-5195 TrailB
Living Ctrs Rocky Mtn Inc Cherry Park Progressive Care Col. 06-5208 TrailB
Living Ctrs Rocky Mtn Inc Centennial HCC Col. 06-5212 TrailB
Living Ctrs Rocky Mtn Inc Xxxxxx Xxxxx Col. 06-5219 TrailB
Living Ctrs Rocky Mtn Inc Spring Creek HCC Col. 06-5221 TrailB
Living Ctrs Rocky Mtn Inc Boulder Manor/Liv. Ctr. Amer. Col. 06-5222 TrailB
Living Ctrs Rocky Mtn Inc Colonial Columns Nurs. Ctr Col. 06-5225 TrailB
Living Ctrs Rocky Mtn Inc Applewood Living Ctr Col. 06-5226 TrailB
Living Ctrs Rocky Mtn Inc Palisades Living Ctr Col. 06-5228 TrailB
Living Ctrs Rocky Mtn Inc Minnequa Medicenter Col. 06-5229 TrailB
GCI Bella Vita Inc. Red Rocks HCC/Bella Vita Col. 06-5230 TrailB
Living Ctrs Rocky Mtn Inc Four Corners HCC Col. 06-5243 TrailB
Living Ctrs Rocky Mtn Inc Yuma Life Care Ctr Col. 06-5263 TrailB
Living Ctrs Rocky Mtn Inc Berthoud Living Ctr Col. 06-5265 TrailB
Living Ctrs Rocky Mtn Inc Valley View Manor Col. 06-5270 TrailB
Living Ctrs Rocky Mtn Inc Windsor HCC Col. 06-5278 TrailB
Living Ctrs East Inc. Boulevard Manor Nurs. Ctr Fla. 10-5067 MofO
Living Ctrs East Inc. Medicana Nurs. Ctr Fla. 10-5259 MofO
Xxxxx Ctr Nurs. Xx Xxxxxxx Inc Xxxxx Ctr Nurs. Care Austell Geor. 11-5145 BC-NC
EH Acquisition Corp. III Lafayette HC Geor. 11-5304 MofO
Xxxxx Ctr Nurs. Xx Xxxxxxx Inc Xxxxx Ctr Nurs. Care LaGrange Geor. 11-5354 BC-NC
Xxxxx Ctr Nurs. Xx Xxxxxxx Inc Xxxxx Ctr Nurs. Cr Lumber City Geor. 11-5404 BC-NC
Xxxxx Ctr Nurs. Xx Xxxxxxx Inc Xxxxx Ctr Nrs. Cr Jeffersonville Geor. 11-5413 BC-NC
Xxxxx Ctr Nurs. Xx Xxxxxxx Inc Xxxxx Ctr of Thomasville Geor. 11-5427 BC-NC
Xxxxx Ctr Nurs. Xx Xxxxxxx Inc Xxxxx Ctr Nurs. Care Canton Geor. 11-5508 BC-NC
Xxxxx Ctr Nurs. Cr Pdr Spgs Inc Xxxxx Ctr Nrs. Cr Powder Spgs Geor. 11-5538 BC-NC
Living Ctrs - Southeast Inc. Xxxxx Ctr. Nrs. Xx Xx. Xxxxxx Xxxx. 00-0000 XX-XX
Evergreen HC Ltd XX Xxxxxxxxxx HCC Illinois 14-5276 Astar-KY
Evergreen HC Ltd XX XxXxxxx HCC Illinois 14-5394 Astar-KY
National Heritage Realty Inc. Montebello HCC Illinois 14-5471 Astar-KY
EH Acquisition Corp. Odin HCC Illinois 14-5649 Astar-IL
EH Acquisition Corp. III Flora HCC Illinois 14-5692 Astar-IL
EH Acquisition Corp. III Parkway HCC Illinois 14-5693 Astar-IL
EH Acquisition Corp. III Xxxxx HCC Illinois 14-5747 Astar-KY
Xxxxxxxxx Xxxxxxx Xxx Xxxxx. 00-0000 MofO
Summit Inst. of Pulmonary Med. Louis. 19-2006 MofO
Summit Inst of XxxxxXxxx XX XX 00-0000 Trispan
Living Ctrs East Inc. Xxxxxx HCC Louis. 19-5203 MofO
Living Ctrs East Inc. Jefferson HCC Louis. 19-5272 MofO
Living Ctrs East Inc. Metairie HCC Louis. 19-5278 MofO
PHCMI/Cambridge East Inc. Cambridge East HCC Mich. 23-5187 UGS
PHCMI/Cambridge North Inc. Cambridge North HCC Mich. 23-5214 UGS
PHCMI/Cambridge South Inc. Cambridge South HCC Mich. 23-5251 UGS
PHCMI/Nightingale E. N.C. Inc. Nightingale HCC Mich. 23-5259 UGS
PHCMI/Crestmont HC Inc. Crestmont HCC Mich. 23-5348 UGS
PHCMI/Heritage Nurs. H Inc. Heritage Manor HCC Mich. 23-5363 UGS
PHCMI/Clintonaire Nurs. H. Inc. Clinton-Aire HCC Mich. 23-5405 UGS
PHCMI/Cambridge Bedford Inc. Bedford Villa HCC Mich. 23-5497 UGS
National Heritage Realty Inc. Yazoo City H & R Ctr Missi. 25-5146 TriSpan
National Heritage Realty Inc. Xxxxxxx X & X Xxx Xxxxx. 00-0000 TriSpan
National Heritage Realty Inc. Xxxxxxxxx X & X Xxx Xxxxx. 00-0000 TriSpan
National Heritage Realty Inc. Xxxxxxx X & X Xxx Xxxxx. 00-0000 TriSpan
Living Ctrs East Inc. Country Brook Living Ctr Missi. 25-5162 TriSpan
National Heritage Realty Inc. Indianola H & R Ctr Missi. 25-5185 TriSpan
National Heritage Realty Inc. Trace Haven HCC Missi. 25-5226 TriSpan
National Heritage Realty Inc. Xxxxxxxx X & X Xxx Xxxxx. 00-0000 TriSpan
National Heritage Realty Inc. Xxxxxxx X & Xxxxx Xxx Xxxxx. 00-0000 TriSpan
National Heritage Realty Inc. Xxxxx Xxxxxxx X & X Xxx Xxxxx. 00-0000 TriSpan
National Heritage Realty Inc. Heritage HCC - Corinth Missi. 25-5232 TriSpan
Living Ctrs Rocky Mtn Inc Arbor Manor Neb. 28-5103 TrailB
Living Ctrs Rocky Mtn Inc Xxxxxx Manor Neb. 28-5139 MofO
Living Ctrs Rocky Mtn Inc Pawnee Manor Neb. 28-5157 MofO
Living Ctrs Rocky Mtn Inc Xxxx Xxxxx Xxxxxx Xxx Xxx. 00-0000 MofO
Living Ctrs Rocky Mtn Inc Haven Home Neb. 28-5166 MofO
Living Ctrs Rocky Mtn Inc Crete Manor Neb. 28-5170 MofO
Living Ctrs Southeast Inc Xxxxx Ctr Nurs. Care Lexington No. C. 34-5011A BC-NC
Xxxxx Ctr. Nrs. Care Hickory Inc Xxxxx Ctr Ns. Hickory Viewmont No. C. 34-5080 BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Salisbury No. C. 34-5115A BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Stateville No. C. 34-5128A BC-NC
AMS Properties Inc. Xxxxx Ctr H&R - Winston-Salem No. C. 34-5149A BC-NC
Xxxxx Ctr. of Asheboro Inc. Xxxxx Ctr H&R - Asheboro No. C. 34-5155 BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Gastonia No. C. 34-5169A BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Mooresville No. C. 34-5179A BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Brevard No. C. 34-5208A BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Weaverville No. C. 34-5221A BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Hickory East No. C. 34-5232A BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Eden No. C. 34-5241A BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Charlotte No. C. 34-5243A BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Lincolnton No. C. 34-5250A BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Hertford No. C. 34-5262A BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr Nurs. Yanceyville No. C. 34-5265A BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Spruce Pine No. C. 34-5270A BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr Nurs. Care Shamrock No. C. 34-5304A BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Hendersonville No. C. 34-5312A BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Xxxxxxx No. C. 34-5317A BC-NC
Xxxxx Ctr. H&R Xxxxxxx Inc. Xxxxx Ctr H&R - Xxxxxxx No. C. 34-5323 BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Xxxxxx No. C. 34-5332 BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Windsor No. C. 34-5339A BC-NC
Living Ctrs Southeast Inc Maple Leaf Health Care No. C. 34-5340A BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Goldsboro No. C. 34-5343B BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Monroe No. C. 34-5345A BC-NC
AMS Properties Inc. Xxxxx Ctr H&R - Cabarrus No. C. 34-5362A BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Durham No. C. 34-5408A BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Waynesville No. C. 34-5411 BC-NC
GCI Faith Nurs. Home Inc. Faith HCC So. C. 00-0000 Xxxxxxxx
Xxxxx Xxx xx Xxxxxxx Xxxxxxxx So. C. 42-5013 BC-NC
GCI Xxxxxx Acres Inc. Xxxxxx Acres HCC So. C. 42-5055 Palmetto,MO
GranCare South Carolina Inc. Brookview HCC So. C. 42-5062 Palmetto
GranCare South Carolina Inc. St. Xxxxxx HCC So. C. 42-5143 Palmetto
GranCare Inc. Village Green Inc Lake City-Scranton HCC So. C. 42-5149 Palmetto
GranCare South Carolina Inc. Oakbrook HCC So. C. 42-5156 Palmetto
GCI Springdale Village Inc. Springdale Village HCC So. C. 42-5169 Palmetto
GCI Prince Xxxxxx Inc. Prince Xxxxxx HCC So. C. 42-5295 Palmetto
GranCare South Carolina Inc. Hallmark HCC So. C. 42-5326 Palmetto
National Heritage Realty Inc. Collierville H& R Ctr Tenn. 44-5282 Riverbend
National Heritage Realty Inc. Xxxx Xxxxxx X & X Xxx Xxxx. 44-5283 Riverbend
Cornerstone H Mngt Co Specialty Hosp. of Houston Tex. 45-2032 MofO
Specialty Hosp. of Austin Tex. 45-2034 MofO
Summit Hosp. of Austin Tex. 45-2053 MofO
Summit Hosp. of SE Texas Tex. 45-3077 MofO
Living Ctrs of Texas, Inc. Crestview Manor Nurs. Ctr Tex. 45-5497 MofO
Living Ctrs of Texas, Inc. Retama Manor West Laredo Tex. 45-5528 MofO
Living Ctrs of Texas, Inc. Retama Manor NC Jourdanton Tex. 45-5549 MofO
Living Ctrs of Texas, Inc. Xxxxxxxx HCC Tex. 45-5553 MofO
Living Ctrs of Texas, Inc. Weatherford HCC Tex. 45-5574 MofO
Living Ctrs of Texas, Inc. Retama Manor NC Corp. Christi Tex. 45-5575 MofO
Living Ctrs of Texas, Inc. Bay Villa HCC Tex. 45-5582 MofO
Living Ctrs of Texas, Inc. Kountze Nurs. Ctr Tex. 45-5594 MofO
Living Ctrs of Texas, Inc. Memorial Medical Nurs. Ctr Tex. 45-5597 MofO
Living Ctrs of Texas, Inc. Hilltop Village Tex. 45-5628 MofO
Living Ctrs of Texas, Inc. Greenview Manor Tex. 45-5638 MofO
Living Ctrs of Texas, Inc. Autumn Years Lodge Tex. 45-5651 MofO
Living Ctrs of Texas, Inc. Silver Creek Manor Tex. 45-5652 MofO
Living Ctrs of Texas, Inc. Retama Manor NC McAllen Tex. 45-5662 MofO
Living Ctrs of Texas, Inc. Holiday Lodge Tex. 45-5664 MofO
Living Ctrs of Texas, Inc. Southfield HCC Tex. 45-5722 MofO
Living Ctrs of Texas, Inc. Edgewater Care Ctr Tex. 45-5724 MofO
Living Ctrs of Texas, Inc. Retama Manor South (Victoria) Tex. 45-5726 MofO
Living Ctrs of Texas, Inc. Mulberry Manor Tex. 45-5744 MofO
Living Ctrs of Texas, Inc. The Village HCC Tex. 45-5809 MofO
Living Ctrs of Texas, Inc. Retama Man. NC N-San Antonio Tex. 45-5817 MofO
Living Ctrs of Texas, Inc. Retama Manor NC Harlingen Tex. 45-5822 MofO
Living Ctrs of Texas, Inc. Retama Manor NC N-Robstown Tex. 45-5838 MofO
Living Ctrs of Texas, Inc. Deer Creek Nurs. Ctr Tex. 45-5917 MofO
MPAN MPAN - Home Office Tex. 45-9024 MofO
Living Ctrs Southeast Inc Xxxxx Ctr. H & R Lawrenceville Vir. 49-5192 BC-NC
Living Ctrs Southeast Inc Xxxxx Ctr. H & R Xxxxx City Vir. 49-5208 BC-NC
Living Ctrs Southeast Inc Park Manor HCC- Milwaukee Wis. 52-5349 UGS
GCI Wisconsin Prop. Inc. Ashland H & R Ctr Wis. 52-5386 UGS
GCI Wisconsin Prop. Inc. Southpoint HCC Wis. 52-5604 UGS
AMS Properties Inc. Virginia Highlands Wis. 52-5653 UGS
Living Ctrs Rocky Mtn Inc Poplar Living Ctr Wyo. 53-5024 BC-WY
Living Ctrs Rocky Mtn Inc Cheyenne HCC Wyo. 53-5025 BC-WY
Living Ctrs Rocky Mtn Inc Xxxxxxxx Xxxxx Xxx. 00-0000 BC-WY
GranCare Inc. El Rancho Vista HCC Cal. 55-5112 MofO
GranCare Inc. Driftwood HCC-Torrance Cal. 55-5114 MofO
GranCare Inc. Skyline HCC-Los Angeles Cal. 55-5117 MofO
GranCare of Northern Cal. Inc. Diamond Ridge H&R Cal. 55-5287 MofO
GranCare Inc. Fruitvale HCC Cal. 55-5358 MofO
GCI Palm Court Inc. Monterey Palms HCC Cal. 55-5403 MofO
GranCare Inc. Driftwood HCC-Xxxxxxx Xxx. 55-5533 MofO
GranCare of Northern Cal. Inc. Courtyard Care-San Xxxx Cal. 55-5635 MofO
GranCare of Northern Cal. Inc. Menlo Park Place Cal. 55-5714 MofO
Living Ctrs of Texas, Inc. Retama Manor W. San Antonio Tex. 67-5002 MofO
Living Ctrs of Texas, Inc. Care Inn of Llano Tex. 67-5076 MofO
Living Ctrs of Texas, Inc. Stoneybrook HCC Tex. 67-5078 MofO
Living Ctrs of Texas, Inc. La Paloma Nurs. Ctr Tex. 67-5170 MofO
Living Ctrs of Texas, Inc. X. XxXxxxxx Nurs. & Rehab Tex. 67-5196 MofO
Living Ctrs of Texas, Inc. Jacinto City HCC Tex. 67-5231 MofO
Living Ctrs of Texas, Inc. Woodlake Nurs. Home Tex. 67-5234 MofO
Living Ctrs of Texas, Inc. Green Acres Parkdale Tex. 67-5243 MofO
Living Ctrs of Texas, Inc. Care Inn of La Grange Tex. 67-5277 MofO
Living Ctrs of Texas, Inc. Retama Manor Nurs. Ctr Xxxxx Tex. 67-5309 MofO
Living Ctrs of Texas, Inc. Faith Memorial Nurs. Home Tex. 67-5321 MofO
Living Ctrs of Texas, Inc. Care Inn of Xxxxxx Xxx. 67-5322 MofO
Living Ctrs of Texas, Inc. Pampa Nurs. Ctr Tex. 67-5327 MofO
Living Ctrs of Texas, Inc. Levelland Nurs. Home Tex. 67-5329 MofO
Living Ctrs of Texas, Inc. Winchester Lodge Nurs. Home Tex. 67-5332 MofO
Living Ctrs of Texas, Inc. Care Inn of Shamrock Tex. 67-5335 MofO
Living Ctrs of Texas, Inc. Spring Branch HCC Tex. 67-5343 MofO
Living Ctrs of Texas, Inc. Xxxxxxx House Tex. 67-5344 MofO
Living Ctrs of Texas, Inc. Care Inn of Abilene Tex. 67-5350 MofO
Living Ctrs of Texas, Inc. Bastrop Nurs. Ctr Tex. 67-5356 MofO
Living Ctrs of Texas, Inc. Wharton Manor Tex. 67-5361 MofO
Living Ctrs of Texas, Inc. Retama Manor NC Weslaco Tex. 67-5363 MofO
Living Ctrs of Texas, Inc. Bangs Nurs. Home Tex. 67-5377 MofO
Living Ctrs of Texas, Inc. Xxxx Xxxxx Nurs. Ctr Tex. 67-5379 MofO
Living Ctrs of Texas, Inc. Care Inn of Xxxxxx Xxx. 67-5380 MofO
Living Ctrs of Texas, Inc. Care Inn of Gladewater Tex. 67-5385 MofO
Living Ctrs of Texas, Inc. Hillview Manor Tex. 67-5388 MofO
Living Ctrs of Texas, Inc. Pine Arbor Tex. 67-5391 MofO
Living Ctrs of Texas, Inc. Retama Manor Del Rio Tex. 67-5395 MofO
Living Ctrs of Texas, Inc. Retama Manor Laredo South Tex. 67-5396 MofO
Living Ctrs of Texas, Inc. Golden Years Rest Home Tex. 67-5406 MofO
Living Ctrs of Texas, Inc. Retama Manor NC Edinburg Tex. 67-5414 MofO
Living Ctrs of Texas, Inc. Las Palmas HCC Tex. 67-5415 MofO
Living Ctrs of Texas, Inc. Brazosview HCC Tex. 67-5420 MofO
Living Ctrs of Texas, Inc. Retama Manor NC Rio Grande Tex. 67-5421 MofO
Living Ctrs of Texas, Inc. Retama Manor NC S-Pleasanton Tex. 67-5428 MofO
Living Ctrs of Texas, Inc. Lake Shore Village HCC Tex. 67-5438 MofO
Living Ctrs of Texas, Inc. Park Highlands Nurs. Ctr Tex. 67-5460 MofO
Living Ctrs of Texas, Inc. Retama Manor NC Raymondville Tex. 67-5475 MofO
Living Ctrs of Texas, Inc. Alpine Terrace Ret. & Conv. Ctr. Tex. 67-5506 MofO
Specialty Hosp. of Austin Tex. 67-5698 MofO
Specialty Hosp of Houston SNF TX 67-5735 MofO
Living Ctrs of Texas, Inc. Xxxxxxx Place Tex. 67-5766 MofO
MHG ASSUMED/RETAINED PROVIDERS
Mariner HC of Nashville Inc. Mariner H. of Greenwood Vill. Col. 06-5259 Empire
Mariner HC of Nashville Inc. Mariner Health of Denver Col. 06-5290 Empire
Xxxxxxxxx Nurs. & R Ctr Inc Mariner Health at Xxxxxxxxx Conn. 07-5341 Empire
Bride Brook N& R Inc Mariner Health at Bride Xxxxx Xxxx. 07-5375 Empire
Mariner HC of Nashville Inc. MH of Clearwater - Home Hlth Fla. 10-3110 Palmetto
Mariner HC of Deland Inc. Mariner Health of Deland Fla. 10-5406 Empire
Mariner HC of Nashville Inc. Mariner Health of Port Charlotte Fla. 10-5524 Empire
Mariner Health of Florida Inc Mariner Health of St Augustine Fla. 10-5548 Emp., MofO
Mariner HC of Nashville Inc. Mariner Health of Tallahassee Fla. 10-5563 Empire
Mariner Health of Palmetto Inc. Mariner Health of Palmetto Fla. 10-5603 Empire
Mariner Health at Bonifay Inc Mariner Health of Bonifay Fla. 10-5624 Empire
Mariner HC of Nashville Inc. Mariner Health of Melbourne Fla. 10-5635 Empire
Mariner HC of Nashville Inc. Mariner Health of Belleair Fla. 10-5636 Empire
Tampa Medical Assoc. Inc. MH of Tampa (Bay to Bay) Fla. 10-5650 Empire
Mariner Health of Tampa, Inc. Mariner Health of Tampa (Bay) Fla. 10-5650 Empire
Mariner HC of Nashville Inc. Mariner Health of Clearwater Fla. 10-5697 Empire
Mariner HC of Inverness Inc. Mariner Health of Inverness Fla. 10-5703 Empire
Mariner Hth of Jacksonville Inc Mariner Health of Jacksonville Fla. 10-5710 Empire
Mariner HC of Nashville Inc. Mariner Health of Winter Haven Fla. 10-5730 Empire
Mariner HC of Orange City Inc. Mariner Health of Orange City Fla. 10-5735 Emp., MofO
Mariner HC of MacClenny Inc. Mariner Health of MacClenny Fla. 10-5737 Empire
Mariner HC of Nashville Inc. Mariner H. of Xxxxxx Lakes Fla. 10-5754 Empire
Mariner HC of Port Orange Inc Mariner Health of Port Orange Fla. 10-5776 Empire
Mariner Health Prop. IV, Ltd Mariner Health of Titusville Fla. 10-5793 Empire
Mariner HC of Nashville Inc. Mariner Health of Port St. Lucie Fla. 10-5819 Empire
Mariner HC of Palm City Inc Mariner Health of Palm City Fla. 10-5831 Empire
Mariner HC of Lake Worth, Inc Mariner of Boynton Beach Fla. 10-5837 Empire
Mariner HC of Metrowest Inc. Mariner Health of Metrowest Fla. 10-5868 Empire
Mariner HC of Tuskawilla Inc. Mariner Health of Tuskawilla Fla. 10-5872 Empire
Mariner HC of Pinellas Pt, Inc Mariner Health of Pinellas Point Fla. 10-5878 Empire
Mariner HC of Atl. Shores Inc. Mariner H. of Atlantic Shores Fla. 10-5904 Empire
Mariner Health of Orlando, Inc. Mariner H. at Hunter's Creek Fla. 10-5987 Empire
Mariner HC of Nashville Inc. MH of NE Atlanta (Knollwood) Geor. 11-5504 Emp., MofO
Mariner HC of Nashville Inc. Mariner Health of Xxxxxxxxxxx Xxxxxxxx 00-0000 Empire
Mariner H of Maryland, Inc Mariner Health of Silver Spring Xxxx. 21-5014 Emp., MofO
Mariner H of Maryland, Inc Mariner Health of Catonsville Xxxx. 21-5018 Empire
Mariner H of Maryland, Inc Mariner Health of Kensington Xxxx. 21-5043 Emp., MofO
Mariner Health of Xxxxxx Xxxx XX 00-0000 Empire
Mariner HC of Greater Laurel Inc Mariner H of Greater Laurel Xxxx. 21-5141 Empire
Mariner H of Maryland, Inc Mariner Health of Mt Xxxxx Xxxx. 21-5183 Emp., MofO
Allegis Health Serv. Inc. Mariner Health of Bethesda Xxxx. 21-5187 Emp., MofO
Mariner H of Maryland, Inc Mariner Health of Circle Xxxxx Xxxx. 21-5205 Emp., MofO
Mariner H of Maryland, Inc Mariner Health of Overlea Xxxx. 21-5209 Emp., MofO
Mariner Health of Bel Air MD 21-5312 Empire
Mariner Health Resources Inc CareMatrix of Silver Spring Xxxx. 21-5213 Empire
Mariner Health of North Arundal MD 21-5316 Empire
Mariner H of Maryland, Inc Mariner Health of Southern Md Xxxx. 21-5231 Emp., MofO
Mariner H of Maryland, Inc Mariner Health of Baltimore Xxxx. 21-5249 MofO
Mariner H of Maryland, Inc Mariner Health of Xxxx Burnie Xxxx. 21-5266 Emp., MofO
Mystic Nurs. & Reh. Ctr. Inc. Mariner H of North Central MA Mass. 22-5039 Empire
Sassaquin N&R Ctr. Inc. Mariner H of Southeastn Ma Mass. 22-5314 Empire
Longwood Rehab. Ctr. Inc. Mariner Health of Longwood Mass. 22-5316 Empire
Merrimac Vall. N&R Ctr. Inc. Mariner H of Merrimack Valley Mass. 22-5318 Empire
Methuen N&R Ctr. Inc. Mariner Health of Methuen Mass. 22-5333 Empire
Mariner Health Resources Inc Mariner Health of Wilmington No. C. 34-5236 Empire
Mariner HC of Toledo, Inc. Mariner Health of Xxxxxx Xxxx 00-0000 Empire
Mariner HC of West Hills, Inc. Mariner Health of Xxxx Xxxxx Xxxx. 00-0000 Empire
Mariner HC of North Hills, Inc. Mariner Health of North Hills Penn. 39-5903 Empire
Cypress Nurs. Facility Inc. Mariner Health of Sumter East So. C. 42-5107 Empire
Cypress Nurs. Facility Inc. Mariner Health of Sumter West So. C. 42-5108 Empire
Pinnacle Care Corp at Seneca Mariner Health of Seneca So. C. 42-5139 Empire
Mariner Health of Florida Inc Mariner Health of Newport Tenn. 44-5176 Empire
Pinnacle Care Corp of Nashville Mariner Health of Nashville Tenn. 44-5267 Empire
Pinnacle Care Corp of Nashville Mariner Health of Lebanon Tenn. 44-5268 Empire
Mariner Health of Florida Inc Mariner Health of Norris Tenn. 44-5303 Empire
IHS Rehab Partnership Ltd North Dallas Rehab Hosp. Tex. 45-3032 Empire
Mariner HC of Nashville Inc. Mariner Health of North Dallas Tex. 45-5463 Emp., MofO
Mariner HC of Nashville Inc. Mariner Health of NW Houston Tex. 45-5714 Emp., MofO
Mariner HC of Nashville Inc. Mariner Health of XX Xxxxxxx Tex. 45-5800 Empire
Mariner HC of Nashville Inc. Mariner Health of San Antonio Tex. 45-5804 Empire
Mariner HC of Nashville Inc. Mariner Health of First Colony Tex. 45-5812 Emp., MofO
Mariner HC of Nashville Inc. Mariner Health of Cypresswood Tex. 45-5815 Emp., MofO
Mariner HC of Nashville Inc. Mariner Health of Fort Worth Tex. 45-5819 Empire
Mariner HC of Nashville Inc. Mariner Health of Arlington Tex. 45-5835 Empire
Mariner HC of Nashville Inc. MHHC at Woodwind Lake Tex. 45-9005 Empire
17th St. Assoc. Ltd. Part. Mariner Health of Huntington W. Vir. 51-5007 Empire
Mariner HC of Nashville Inc. MH of Xxxxxxxx Bay Wis. 52-5346 Emp & UGS
Mariner HC of Nashville Inc. Mariner H at Woodwind Lakes Tex. 67-5085 Emp., MofO
Mariner HC of Nashville Inc. Westbury Place Tex. 67-5612 Empire
Mariner HC of Nashville Inc. MHHC of North Dallas Tex. 67-8472 Empire
EXHIBIT B
MPAN PROVIDERS ASSUMED AND ASSIGNED TO NEW OPERATORS:
Provider Fiscal
Mariner Subsidiary Name of Provider State Number Interm.
------------------ ---------------- ----- -------- -------
Living Ctrs Rocky Mtn Inc Desert Terrace Nursing Ctr. Ariz. 03-5014 BC-AZ
Living Ctrs Rocky Mtn Inc Monterey Nurs. Ctr Ariz. 03-5059 BC-AZ
GCI East Valley Med & Rehab East Valley Med. & Rehab Ariz. 03-5060 BC-AZ
Living Ctrs Rocky Mtn Inc Desert Haven Nursing Ctr Ariz. 03-5062 BC-AZ
Living Ctrs Rocky Mtn Inc Las Xxxxxx Nursing Ctr Ariz. 03-5071 BC-AZ
Living Ctrs Rocky Mtn Inc Highland Manor Nurs. Home Ariz. 03-5088 BC-AZ
GCI Xxxxxx Village Inc Desert Sky HC & Rehab Ariz. 03-5092 BC-AZ
GCI Healthcare Ctrs Inc Village Green HCC-Phoenix Ariz. 03-5104 BC-AZ
HostMasters Inc. Grancare HCC-Phoenix Ariz. 03-5125 BC-AZ
Living Ctrs Rocky Mtn Inc Hearthstone of Sun City Ariz. 03-5128 BC-AZ
Living Ctrs Rocky Mtn Inc Hearthstone of Mesa Ariz. 03-5129 BC-AZ
GCI Healthcare Ctrs Inc La Mesa HCC-Yuma Ariz. 03-5197 BC-AZ
AMS Properties Inc. Lancaster HCC Cal. 05-5307 MofO
AMS Properties Inc. Thousand Oaks HCC Cal. 05-5342 MofO
GCI Healthcare Ctrs Inc La Salette H&R Cal. 05-5833 MofO
GranCare of Northern Cal. Inc. Sutter Oaks Nurs.-Arden Cal. 05-5855 MofO
AMS Properties Inc. Cedars HCC Col. 06-5202 TrailB
AMS Properties Inc. Cherrelyn Manor HCC Col. 06-5203 TrailB
EH Acquisition Corp. Community HCC Illinois 14-5358 Astar-IL
EH Acquisition Corp. Springfield Xxxxx Xxxxxxxx 00-0000 Astar-IL
EH Acquisition Corp. Havana HCC Illinois 14-5774 Astar-IL
EH Acquisition Corp. II Xxxxxxxx Xxxx HCC Illinois 14-5979 Astar-IL
Connerwood HC Inc. New Castle HCC Ind. 15-5160 Astar-IN
Connerwood HC Inc. Wabash HCC Ind. 15-5162 Astar-IN
Connerwood HC Inc. East Pointe HCC Ind. 15-5225 Astar-IN
Frenchtown Nurs. Home Inc. Frenchtown Nurs. Care Ctr Mich. 23-5225 UGS
PHCMI/Middlebelt-Hope NH Inc. Hope HCC Mich. 23-5228 UGS
St. Xxxxxxx Nurs. Home Inc. St. Xxxxxxx HCC Mich. 23-5408 UGS
PHCMI/Xxxxxxx Nurs. H. Inc. Xxxxxxx HCC Mich. 23-5492 UGS
GranCare Inc. Premier (Lake Waccamaw) No. C. 34-5185 BC-NC
National Heritage Realty Inc. Xxxxxxxx XXX Xxxx 00-0000 Astar-OH
Living Ctrs of Texas, Inc. Coastal HCC Tex. 45-5999 MofO
AMS Properties Inc. River Hills West HCC Wis. 52-5040 UGS
AMS Properties Inc. Sunny Hill HCC Wis. 52-5041 UGS
AMS Properties Inc. Xxxxxxxxxxx East H & R Wis. 52-5226 UGS
AMS Properties Inc. Greentree H&R Clintonville Wis. 52-5348 UGS
AMS Properties Inc. Northwest HCC Wis. 52-5356 UGS
AMS Properties Inc. Woodland HCC Wis. 52-5424 UGS
AMS Properties Inc. The Virginia HCC Wis. 52-5490 UGS
AMS Properties Inc. Pine Manor HCC Wis. 52-5497 UGS
Living Ctrs Rocky Mtn Inc Xxxxxx Xxxxx Xxxxx Xxx. 00-0000 BC-WY
GranCare of Northern Cal. Inc. Sutter Oaks Alzheimer Ctr Cal. 55-5400 BC-CA, MO
AMS Properties Inc. Van Nuys HCC Cal. 55-5519 MofO
Living Ctrs of Texas, Inc. Beechnut Manor Tex. 67-5000 MofO
Living Ctrs of Texas, Inc. Allenbrook HCC Tex. 67-5079 MofO
Living Ctrs of Texas, Inc. Care Inn of Xxxxxxxx Xxx. 67-5124 MofO
Living Ctrs of Texas, Inc. Green Acres Conv. Ctr Humble Tex. 67-5127 MofO
Living Ctrs of Texas, Inc. Green Acres Cv. Ctr Baytown Tex. 67-5225 MofO
Living Ctrs of Texas, Inc. Castle Manor Tex. 67-5305 MofO
Living Ctrs of Texas, Inc. Care Inn of Plainview Tex. 67-5324 MofO
Living Ctrs of Texas, Inc. Oak Manor Nurs. Home Tex. 67-5328 MofO
Living Ctrs of Texas, Inc. Heritage House Tex. 67-5333 MofO
Living Ctrs of Texas, Inc. San Antonio Conv. Ctr Tex. 67-5339 MofO
Living Ctrs of Texas, Inc. Brazos Valley Geriatric Ctr Tex. 67-5366 MofO
Living Ctrs of Texas, Inc. Green Acres Conv. Ctr Tex. 67-5398 MofO
Living Ctrs of Texas, Inc. Ralls Nurs. Home Tex. 67-5407 MofO
Living Ctrs of Texas, Inc. Green Acres Cv. Ctr Huntsville Tex. 67-5433 MofO
Living Ctrs of Texas, Inc. Broadway Lodge Conv. Ctr Tex. 67-5437 MofO
Living Ctrs of Texas, Inc. Care Inn of Waco Tex. 67-5442 MofO
MHG Providers Assumed and Assigned to New Operators:
Mariner H of X. Xxxx. Inc. Mariner Health of X. Xxxx. Xxxx. 07-5392 Empire
Prism Rehab Systems Inc Prism Rehab Systems Inc. Mass. 22-7443 BC-ME
Prism Home Care, Inc. Prism HHA - Chelmsford Mass. 22-7464 BC-ME
Prism Home Care, Inc. Prism HHA - Dedham Mass. 22-7465 BC-ME
EXHIBIT C
REJECTED/TERMINATED PROVIDERS
MPAN REJECTED/TERMINATED PROVIDERS:
Provider Fiscal
Mariner Subsidiary Name of Provider State Number Interm.
------------------ ---------------- ----- -------- -------
GranCare Inc. Quail Ridge Cal. 05-5782 MofO Divested
GranCare Inc. Oakview Cal. 05-6079 MofO Divested
GranCare Inc. Ambassador Cal. 05-6228 MofO Divested
GranCare Inc. Xxxx Terrace Cal. 05-6418 MofO Divested
Living Ctrs Rocky Mtn Inc Four Seasons HCC Col. 06-5192 TrailB Divested
National Heritage Realty Inc. Altoona HCC Iowa 16-5162 MofO Divested
National Heritage Realty Inc. Polk City HCC Iowa 16-5170 MofO Divested
National Heritage Realty Inc. Heritage HCC/S. Xxx Xxxxxx Xxxx 00-0000 MofO Divested
National Heritage Realty Inc. Norwalk Xxxxx XXX Xxxx 00-0000 MofO Divested
National Heritage Realty Inc. Xxxxxxx HCC Iowa 16-5208 MofO Divested
National Heritage Realty Inc. Xxxxxxx HCC Iowa 16-5231 MofO Divested
National Heritage Realty Inc. Xxxxxxxxx XXX Xxxx 00-0000 MofO Divested
Living Ctrs East Inc. Chateau Living Ctr Louis. 19-5184 MofO Divested
Living Ctrs East Inc. Alexandria North HCC Louis. 19-5270 MofO Divested
National Heritage Realty Inc. Heritage HCC/Xxxxxxx Xxxxx. 19-5299 MofO Divested
National Heritage Realty Inc. Heritage HCC/ Xxxxxxx Xxxxx. 19-5394 MofO Divested
National Heritage Realty Inc. Heritage Healthcare Louis. 19-5419 MofO Divested
PHCMI/Cambridge West Inc. Cambridge West Mich. 23-5126 UGS Divested
PHCMI/Cambridge Inc. Cambridge Mich. 23-5321 UGS Divested
PHCMI/Xxxxxx Xxxxx Inc. Xxxxxx Xxxxx Mich. 23-5376 UGS Divested
PHCMI/Bay Shores Bay Shores Mich. 23-5388 UGS Divested
PHCMI/Middlebelt Nurs. H. Inc. Middlebelt HCC Mich. 23-5479 UGS Divested
Living Ctrs of Texas, Inc. Hearthstone of Round Rock Tex. 45-5771 MofO Divested
Xxxxx Ctr. H&R Bastion Inc. Xxxxxx X. Xxxxxx Manor Vir. 49-5191 BC-NC Divested
Living Ctrs Southeast Inc Xxxxx Ctr Nurs. Care Fincastle Vir. 49-5218 BC-NC Divested
Xxxxx Ctr H&R Alleghany, Inc. Xxxxx Ctr. H & R Alleghany Vir. 49-5221 BC-NC Divested
Renaissance Men. H. Ctr. Inc. Renaissance Mental Health Wis. 52-4600 UGS Divested
Xxxxxxxxx Xxxxxxxx Xxx Xxx. 00-0000 UGS Divested
Living Ctrs Rocky Mtn Inc Xxxxxxx Xxxxx Xxx. 00-0000 BC-WY Divested
GranCare of Northern Cal. Inc. Hillsdale Extended Care Cal. 55-5482 MofO Divested
GranCare Inc. Courtyard Cal. 55-5622 MofO Divested
Living Ctrs of Texas, Inc. Gainesville Conv. Ctr Tex. 67-5067 MofO Divested
Living Ctrs of Texas, Inc. Ret. Manor Cuero W. Tex. 67-5134 MofO Divested
Living Ctrs of Texas, Inc. Ret. Manor San Xxxxxxx X. Tex. 67-5409 MofO Divested
Living Ctrs of Texas, Inc. Xxxxxxxx Nurs. Ctr. Tex. 67-5524 MofO Divested
Living Ctrs Southeast Inc Xxxxx Ctr H&R - Raleigh No. C. 34-5202 BC-NC Terminated
GCI Wisconsin Prop. Inc. Hillside HCC Wis. 52-5446 UGS Terminated
GranCare Inc. Laurelwood HCC Cal. 55-5012 MofO Terminated
Living Ctrs of Texas, Inc. Progressive Tex. 67-5381 MofO Terminated
Living Ctrs of Texas, Inc. Ret. Manor Pleasanton N. Tex. 67-5502 MofO Terminated
Rehability - Georgia GA 11-6537 MofO
Rehability - Iowa IA 16-6518 MofO
Rehability - Xxxxxxxx XX 00-0000 Ad-Ky
Rehability - Xxxxxxxxxxx XX 00-0000 Trispan
Rehability - Xxxxxxxxxx XX 00-0000 Trispan
Rehability - Xxxxxxxxxx XX 00-0000 Palmetto
MedTherapy Rehab NC 34-6544
Rehability - Virginia VR 49-6608 Trigon
Rehability Home Office TN 00-0000 Xxxxxxxxx
Xxxxx Home Health TX 67-8017 Palmetto
Midwest Medical Homecare, LP Wis. 52-4106 UGS
GranCare Xxxx Xxxxxx XX 00000
MHG REJECTED/TERMINATED PROVIDERS
Mariner HC of Nashville Inc. Mariner H of Xxxxxxx Xxxxxxx Xxxx 00-0000 Emp., MofO Divested
Mariner Health of Worcester Mass. 22-5305 Empire Divested
Mariner HC of Nashville Inc. MH of Olathe Kan. 17-5213 Empire Divested
Aid & Assistance Inc. Ocean HH (Aid & Assistance) Conn. 07-7127 BC-ME
Prism Care Center, Inc. PCC Florida (Rehab) Fla. 10-5711 BC-FL
Pinnacle Care Corporation MHC Rehab Services Fla. 10-6711 Empire
Prism Rehab Systems Inc Advanced Rehab Solutions Fla. 10-6728 BC-FL
MedRehab, Inc. MedRehab FL Fla. 10-6768 Aetna
Mariner HC of Nashville Inc. MHHC of Melbourne - HHA Fla. 10-7383 Empire
Mariner HC of Tuskawilla Inc. MHHC of Tuskawilla- HHA Fla. 10-7442 Palmetto
Mariner HC of Orange City Inc. MH of Orange City- Home Hlth Fla. 10-7557 Palmetto
Mariner HC of Nashville Inc. MH of Winter Haven - HHA Fla. 10-7565 Palmetto
Mariner HC of Nashville Inc. MH of Port St. Lucie- HHA Fla. 10-7586 Palmetto
Mariner HC of Metrowest Inc. MH of Metro West - HHA Fla. 10-7589 Palmetto
Prism Rehab Systems Inc Prism Rehab Systems Geor. 11-6537 MofO
Prism Care Center, Inc. PCC Georgia (Rehab) Geor. 11-6559 Empire
MedRehab, Inc. XxxXxxxx Xxxxxxxx Xxxxxxxx 00-0000 Emp., Ad-IL
Mariner HC of Nashville Inc. MH of Fort Xxxxx Ind. 15-5369 Empire
MedRehab, Inc. MedRehab Indiana Ind. 15-6568 BC-IN
Prism Rehab Systems Inc Prism Rehab Systems Iowa 16-6518 MofO
Prism Care Center, Inc. PCC Kansas (Rehab) Kan. 17-6541 Empire
Prism Care Center, Inc. PCC Kentucky (Rehab) Xxx. 18-6520 Empire
Prism Care Center, Inc. PCC Texas (Rehab Solutions) Xxxx. 21-6594 Empire
Compass Phar. Serv. Inc. Mar. Med. HHA (Compass Ph.) Mass. 22-7416 BC-ME
Prism Home Care, Inc. Prism HHA - Falmouth Mass. 22-7442 BC-ME
Prism Care Center, Inc. PCC Missouri (Rehab) Misso. 26-6519 Empire
MedRehab of Missouri, Inc. MedRehab MO/N. Cty Clinic Misso. 26-6548 Empire
Prism Rehab Systems Inc Prism Reh. Sys. at Mill Run Penn. 39-6725 Empire
Prism Care Center, Inc. PCC Tennessee (Rehab) Tenn. 44-6508 Empire
Pinnacle Rehabilitation, Inc. Pinnacle Rehab Vir. 49-6648 Empire
MedRehab, Inc. MedRehab Wisconsin Wis. 52-6502 Empire
MedRehab, Inc. Medrehab Home Office Wis. 99-0078 Empire
Mariner Health Group Home Office Cost Report CT 07-1116
Mariner Health Group Home Office Cost Report HO-0014
EXHIBIT D
PART B MEDICARE SUPPLIER NUMBERS
APS LOCATION SUPPLIER NUMBER
------------ ---------------
BEAUMONT, TX 0272710012
CORPUS CHRISTI, TX 0272710004 REGION A
FT WORTH, TX 0272710020 UNITED HEALTHCARE
EDISON, NJ 0272710006
HICKORY, NC 0272710005
HOUSTON, TX 0272710002 REGION B
LAKE XXXXXXX 0000000000 ADMINASTAR FEDERAL
LONGWOOD, FL 0000000000
MANSFIELD, TX 0272710007 Inactive
MARLBORO, MA 0507370001 REGION C
METAIRIE, LA 0272710017 PALMETTO GBA
MONTGOMERY, AL 0272710015
NAPERVILLE, IL 0000000000
NASHVILLE, TN 0681810001 REGION D
NEW LONDON, CT 0376710001 CIGNA HEALTHCARE
PANAMA CITY 0272710018
PENSACOLA, FL 0272710010
PERRY, FL 0272710011
PHARR, TX 0272710014 Inactive
PHOENIX, AZ 0272710008
SAN ANTONIO, TX 0272710003
TALLAHASSEE, FL 0272710009 (after 4/25/97)
WACO, TX 0272710016 Inactive
WHEAT RIDGE, CO 0272710013
APS PHARMACY MANAGEMENT, INC
FT. LAUDERDALE, FL 1136410003 (after 4/18/97) Inactive
FT. XXXXXX BEACH, FL 0000000000 (2/28/97-6/1/98)Inactive
TALLAHASSEE, FL 1136410001
PENSACOLA, FL 0475100001 Xxxxxx HomeCare Inactive
FT. XXXXXX BEACH, FL 0320860001 Physicians HomeCare (1/93-5/5/96) - Inactive
FT. XXXXXX BEACH, FL 0637690002 Allied Pharmacy (5/6/96-2/27/97) - Inactive
FT. LAUDERDALE, FL 0477140001 Allied Rx dba Sun Rise System (prior to 4/18/97) - Inactive
APS SUMMIT CARE PHARMACY, LLC
AUSTIN, TX 1158460001
DMERC(S) (DURABLE MEDICAL EQUIPMENT REGIONAL CARRIERS)
APS LOCATION ADDRESS CITY, STATE, ZIP PHONE
------------ ------- ---------------- -----
BEAUMONT, TX
CORPUS CHRISTI, TX XX XXX 0000 XXXXXX XXXXX, XX 00000-0000 PHONE: 000-000-0000
FT WORTH, TX
EDISON, NJ
HICKORY, NC
HOUSTON, TX XX XXX 0000 XXXXXXXXXXXX, XX 00000-0000 PHONE: 000-000-0000
LAKE XXXXXXX XXX: 000-000-0000
LONGWOOD, FL
MANSFIELD, TX
MARLBORO, MA XX XX 000000 XXXXXXXX, XX 00000-0000 PHONE: 000-000-0000
METAIRIE, LA
MONTGOMERY, AL
NAPERVILLE, IL
NASHVILLE, TN XX XXX 000 XXXXXXXXX, XX 00000 PHONE: 000-000-0000
NEW LONDON, CT
PANAMA CITY
PENSACOLA, FL
PERRY, FL
PHARR, TX
PHOENIX, AZ
SAN ANTONIO, TX
TALLAHASSEE, FL
WACO, TX
WHEAT RIDGE, CO
Updated as of 11/15/99
AMERICAN PHARMACEUTICAL SERVICES, INC.
MEDICAID PROVIDER NUMBERS
STATE MEDICAID AGENCY ADDRESS CITY, STATE, ZIP
-------------- ------ ------- ----------------
ALABAMA EDS XX Xxx 0000 Xxxxxxxxxx, XX 00000
ARIZONA AHCCS 000 X. Xxxxxxxxx Xxxxxxx, XX 00000
ARKANSAS N/A XX Xxx 0000, Xxxx 000 Xxxxxx Xxxx, XX 00000
CALIFORNIA EDS XX Xxx 00000 Xxxxxxxxxx, XX 00000-0000
COLORADO CONSULTEC XX Xxx 000000 Xxxxxx, XX 00000
CONNECTICUT EDS XX Xxx 0000 Xxxxxxxx, XX 00000
FLORIDA UNISYS 0000 Xxxxx Xxxxx Xxxxxxxxxxx, XX 00000
GEORGIA EDS XX Xxx 000000 Xxxxxx, XX 00000-0000
HAWAII HMSA XX Xxx 000 Xxxxxxxxx, XX 00000-0000
ILLINOIS IDPA 000 X. Xxxxx Xxx. X. Xxxxxxxxxxx, XX 00000-0000
INDIANA EDS XX Xxx 00000 Xxxxxxxxxxxx, XX 00000-0000
IOWA CONSULTEC 0000 Xxxxxx Xxxxx Xx, Xxx 000 Xxxx Xxx Xxxxxx, XX 00000
KANSAS BC/BS KANSAS XX Xxx 0000 Xxxxxx, XX 00000-0000
LOUISIANA Dept. of Health & Hospital (Unisys) XX Xxx 00000 Xxxxx Xxxxx, XX 00000-0000
MARYLAND Dept. of Health 000 X. Xxxxxxx Xxxxxx Xxxxxxxxx, XX 00000
MASSACHUSETTS Unisys 000 Xxxxxxxxxx Xxxxxx Xxxxxx, XX 00000
MICHIGAN Michigan Health & Welfare 000 X. Xxxx, XX Xxx 00000 Xxxxxxx, XX 00000-0000
MISSISSIPPI EDS 000 X. Xxxxxxx Xx., Xxx. 000 Xxxxxxx, XX 00000-0000
MISSOURI GTE Data Svcs. XX Xxx 0000 Xxxxxxxxx Xxxx, XX 00000-0000
NEBRASKA Dept. of Health & Human Svcs. XX Xxx 00000 Xxxxxxx, XX 00000-0000
NEW JERSEY Unisys XX Xxx 0000 Xxxxxxx, XX 00000
XXX XXXXXX Consultec XX Xxx 0000 Xxxxx Xx, XX 00000-0000
NEW YORK CSC Health Care Systems 000 Xxxxxxxx, 0xx Xxxxx Xxxxxx, XX 00000-0000
NORTH CAROLINA EDS XX Xxx 00000 Xxxxxxx, XX 00000-0000
NORTH DAKOTA Dept. of Human Services 000 X. Xxxxxxxxx Xxx Xxxxxxxx, XX 00000-0000
OHIO Dept. of Human Services 00 X. Xxxxx Xxxxxx Xxxxxxxx, XX 00000-0000
OKLAHOMA Unisys 0000 X. Xxxxxxx Xxxx, Xxx. 000 Xxxxxxxx Xxxx, XX 00000
PENNSYLVANIA Dept of Public Welfare XX Xxx 0000 Xxxxxxxxxx, XX 00000
SOUTH CAROLINA Dept of Health & Human Svcs XX Xxx 0000 Xxxxxxxx, XX 00000-0000
TENNESSEE Dept of Health 000 Xxxxxx Xxxxxx Xxxxxxxxx, XX 00000-0000
TEXAS NHIC 0000 X. 00xx Xxxxxx Xxxxxx, XX 00000-0000
VIRGINIA First Health 0000 Xxx Xxxx, Xxx. 000 Xxxx Xxxxx, XX 00000-0000
WASHINGTON, DC Doesn't Pay 0000 XXX Xxxxx Xxx XX, Xxx 000 Xxxxxxxxxx, XX 00000
WEST VIRGINIA Doesn't Pay
WISCONSIN EDS 0 X. Xxxxxx Xxxxxx, XX Xxx 000 Xxxxxxx, XX 00000-0000
WYOMING Consultec 0000 Xxxxxxxxxxx Xxxx, XX 000X Xxxxxxxx, XX 00000
STATE MEDICAID PHONE PART B MCD PROVIDER # RX LOCATION RX MCD PROVIDER #
-------------- ----- --------------------- ----------- -----------------
ALABAMA 000-000-0000 009300300 Montgomery 100002594
ARIZONA 000-000-0000 432261 Xxxxxxx 000000
XXXXXXXX 000-000-0000 APPLYING n/a n/a
CALIFORNIA 000-000-0000 XDMEO1175 - Out of State San Leandro applying
PHA354270 - In State Burbank applying
COLORADO 000-000-0000 98001035 Denver 03350105
Pueblo 03002417
CONNECTICUT 000-000-0000 003097947 New London 004138310
FLORIDA 000-000-0000 950508300 Ft. Lauderdale 104005700
Tallahassee DME 950508302 Jacksonville 103572000
Tallahassee HC Aids Waiver 675215201 Longwood 103303400
Pensacola DME 950508303 Palm Harbor 103545200
Pensacola HC Aids Waiver 675215200 Panama City 103954700
Pensacola HCS Aged, Disabled Waiver 675215202 Tallahassee 103952100
Xxxx Xxxxxx XXX 000000000 Xxxx Xxxx Xxxxx 106561100 (retail)
Fort Lauderdale DME 104005701 106560200 (inst)
Fort Lauderdale HCS Aids Waiver 675090700
Xxxxxxxxxxx Xxxxxxx XXX XXX # 000000
XXXXXXX 000-000-0000 00590741X Augusta 00426159A
Xxxxxx 00678895A
HAWAII 000-000-0000 0584-3 n/a n/a
ILLINOIS 000-000-0000 941736287-001 Glenview 941736287002
INDIANA 800-577-1278 100015130A Xxxxxx FR100296090 A
IOWA 000-000-0000 0989541 n/a n/a
KANSAS 000-000-0000 7586182401 n/a n/a
LOUISIANA 000-000-0000 1376175 Lake Xxxxxxx 1260967
Baton Rouge 1264016
MARYLAND 000-000-0000 602201400 Lanham 7564805/0902110
MASSACHUSETTS 000-000-0000 1533053 / 1534645 (DME) Marlborough 00441457
MICHIGAN 000-000-0000 3513206 Xxxxxx Xxxx 0000000
MISSISSIPPI 000-000-0000 0440540 Richland 0330442
MISSOURI 000-000-0000 623008604 n/a n/a
NEBRASKA 000-000-0000 941736287-54 n/a n/a
or 000-000-0000
NEW JERSEY 000-000-0000 7009500 Edison 6988300
NEW MEXICO 000-000-0000 X0000 x/x x/x
XXX XXXX 000-000-0000 01731837 Edison 01659998
NORTH CAROLINA 000-000-0000 7700664 Hickory 185967
Xxxxxxx-Xxxxx 000000
XXXXX XXXXXX 000-000-0000 58419 n/a n/a
OHIO 000-000-0000 0823872 n/a n/a
OKLAHOMA 000-000-0000 S9417362878 n/a n/a
PENNSYLVANIA 000-000-0000 1259729 n/a n/a
SOUTH CAROLINA 000-000-0000 DM0609 Augusta 767190
Hickory 7N5996
TENNESSEE 000-000-0000 4582081 Xxxxxxxxx 0000000
XXXXX 000-000-0000 X9W951465 Austin 350091
HYP304356 Beaumont 350026
Corpus Christi 350068
Ft. Worth 350034
Xxxxxxx 000000
Lubbock 350104
Xxxxx 000000
Xxx Xxxxxxx 000000
Xxxxxxx 350028
Tyler 000000
Xxxx 000000
XXXXXXXX 000-000-0000 00-0000-0 Hickory 8508950
Xxxxxxx-Xxxxx 0000000
XXXXXXXXXX, XX 000-000-0000 x/x x/x x/x
XXXX XXXXXXXX 000-000-0000 n/a n/a n/a
or 000-000-0000
WISCONSIN 000-000-0000 41668500 Brookfield 33237600(RT/DME)
WYOMING 000-000-0000 110669400 n/a n/a
EXHIBIT X
XXXXXX XXXXXX XXXXXXXX XXXXX
XXX XXX XXXXXXXX XX XXXXXXXX
MARINER HEALTH CARE OF NASHVILLE, )
INC., et al. )
)
Plaintiffs, )
)
v. ) CASE NUMBER 1:98CV02134 (WBB)
)
XXXXX X. XXXXXXX, Secretary, )
Department of Health and Human )
Services, )
)
Defendant. )
------------------------------------
STIPULATION OF SETTLEMENT AND DISMISSAL
THIS STIPULATION OF SETTLEMENT AND DISMISSAL is made this _____ day of
_______, 2000, between Xxxxx X. Xxxxxxx, the Secretary of Health and Human
Services (the "Secretary"); Plaintiff Mariner Health Care of Nashville, Inc.
d/b/a Mariner Health of Arlington, Mariner Health of Xxxxxxx, Mariner Health of
Northeast Atlanta, and Mariner Health of Cypresswood; Plaintiff Fort Worth
Medical Investors, Ltd. d/b/a Xxxxxx Convalescent Center ("Haltom"); Plaintiff
Mariner Health Care of Florida, Inc. d/b/a Mariner Health of St. Augustine;
Plaintiff Mariner Health Care of Orange City, Inc. d/b/a Mariner Health of
Orange City; Plaintiff Blue Ridge Nursing Center of Martinsville and Xxxxx
County, Inc. d/b/a Blue Ridge Rehabilitation; Mariner Post-Acute Network, Inc.
("MPAN"); Mariner Health Group, Inc. ("MHG"); Liberty Health Care, Inc.; the
MPAN Providers (as set forth in Attachment A hereto); the MHG Providers (as set
forth in Attachment B hereto); Sun City Center
-1-
Associates Ltd. (L.P.) d/b/a Sun Terrace Health Care Center ("Sun Terrace"); and
the Liberty Providers (as set forth in Attachment C hereto). All of the
foregoing shall be referred to collectively herein as the "Parties." The MPAN
Providers, the MHG Providers, the Liberty Providers, Haltom, and Sun Terrace
will be referred collectively herein as the "Providers."
RECITALS
WHEREAS, Plaintiffs have brought suit in the Federal District Court of
the District of Columbia, Civil Action No. 1:98CV02134 (WBB) (the "Action"),
challenging the Secretary's final decision upholding prudent buyer disallowances
for Medicare reimbursement purposes of speech therapy ("ST") and occupational
therapy ("OT") costs incurred by the Plaintiffs.
WHEREAS, Plaintiffs Mariner Health Care of Nashville, Inc., Fort Worth
Medical Investors, Ltd., Mariner Health Care of Florida, Inc., and Mariner
Health of Orange City, Inc. are (or were, during the relevant time periods)
under the common ownership, control, or management of operating subsidiaries of
MPAN or MHG or their predecessors.
WHEREAS, Plaintiff Blue Ridge Nursing Center of Martinsville and Xxxxx
County, Inc. is (or was, during the relevant time periods) under the common
ownership, control, or management of Liberty Health Care, Inc. ("Liberty") or
its affiliates.
-2-
WHEREAS, the Providers have appealed prudent buyer disallowances
similar to those at issue in the Action, such appeals (the "Appeals") being
listed in Attachment D hereto.
WHEREAS, Plaintiffs contend that the OT and ST costs at issue in the
Action and the Appeals were reimbursable in their entirety. WHEREAS, the
Secretary denies any liability to the Plaintiffs and the Providers. WHEREAS, the
Parties wish to resolve the disputes which are the subject of the Action without
the expense and commitment of resources that may be associated with protracted
litigation.
WHEREAS, the Parties wish to resolve the properly pending Appeals with
no jurisdictional defects, on the same basis as the resolution of the Action.
WHEREAS, the Parties also wish to resolve issues relating to the
potential application of prudent buyer disallowances to OT and ST costs included
in open cost reports other than and in addition to the cost reports that are the
subject of the Action or Appeals, including cost reports for MPAN Providers, MHG
Providers, and Liberty Providers that are not Plaintiffs.
WHEREAS, on January 18, 2000, the MPAN and MHG Providers filed for
protection under chapter 11 of title 11 of the United States Code in the United
States Bankruptcy Court for the District of Delaware in cases numbered 00-113
and 00-215.
-3-
NOW THEREFORE, the Parties, intending to be legally bound, hereby enter
into the following Stipulation of Settlement and Dismissal (the "Stipulation"),
which the Court hereby enters:
1. As used in this Stipulation, the term, "prudent buyer
disallowance(s)," shall refer to any Medicare reimbursement disallowance of OT
or ST costs (together with any corresponding allocation of General Service costs
to such OT or ST costs) on the basis of the "prudent buyer" principle, as set
forth in 42 C.F.R. ss. 413.106 or in any manual provisions or directives
implementing that regulation; or on the basis that the costs incurred by the
provider were nonallowable under 42 C.F.R. ss. 413.9(c)(2) or any manual
provisions or directives implementing that regulation; or on the basis that the
process, criteria, or method by which the provider selected suppliers of OT or
ST services were noncompliant with ss. 2103 of HCFA Pub. 151 or otherwise
deficient or improper under that provision; or on the basis that the OT or ST
services could or should have been provided by in-house salaried therapists; or
on the basis that the provider could or should have attempted to hire inhouse
therapists; or on the basis that the costs exceeded (or may have exceeded) the
amounts that might have been paid to in-house salaried therapists; or on the
basis that the provider otherwise failed to act as a prudent and cost conscious
buyer of OT or ST services.
-4-
2. The Secretary shall pay the Liberty Providers, and place in
administrative freeze for the MPAN and MHG Providers, in accordance with the
January 18, 2000 Stipulation in the bankruptcy cases the respective amounts set
forth in the final column of Attachment D ,without interest. The aggregate total
of such amounts shall be collectively referred to herein as the "Payments". The
Payments equal the Medicare reimbursement effect of an eighty five percent (85%)
reversal of the prudent buyer disallowances of OT and ST costs at issue in the
Action and the Appeals (the "85% Computation"), plus an amount equal to the
interest paid by the Providers pursuant to 42 C.F.R. ss. 405.378 on the basis of
overpayment determinations resulting from prudent buyer disallowances. Except as
provided in Paragraph 3 of this Stipulation, the Payments shall be in full and
final satisfaction of the Action and the Appeals filed by the Providers.
3. The Parties acknowledge that notices of program reimbursement
("NPRs") may be or may have been issued that contain prudent buyer disallowances
for which the time to file an appeal had not yet expired as of the Effective
Date, defined in paragraph 15, of this Stipulation. The Providers shall advise
their intermediaries in writing of such NPRs, with a copy to the Office of
General Counsel of the Department of Health and Human Services, before the
deadline for filing an appeal from the NPR has expired. If there would be no
jurisdictional impediments to an appeal from
-5-
the NPR, the intermediary shall make payment to the affected Liberty Provider,
or place an amount in administrative freeze with respect to the affected MPAN or
MHG provider in accordance with the January 18, 2000 Stipulation in the
bankruptcy cases, based upon the 85% Computation, without interest. Such
payment or freeze shall be made within seventy-five (75) days of the
intermediary's receipt of notice of the NPR.
4. The Parties acknowledge that certain of the Providers may have
existing obligations to repay actual or alleged Medicare overpayments. The
Secretary may recoup or offset, without being required to move for relief from
the automatic stay at 11 U.S.C. ss. 362, any portion of such overpayments from
the portion of the Payments that is attributable to such a Provider; that is,
the Secretary may credit the portion of the Payment due to the Provider toward
the overpayment obligation. For purposes of this Stipulation, Providers shall be
distinguished by their Medicare provider numbers.
5. The Secretary may also: 1) recoup or offset overpayment obligations
of any MHG Provider from the Payments due to other MHG Providers, without being
required to move for relief from the automatic stay at 11 U.S.C. ss. 362; and 2)
recoup or offset overpayment obligations of any MPAN Provider from the Payments
due to other MPAN Providers, without being required to move for relief from the
automatic stay at 11 U.S.C. ss. 362.
-6-
6. Neither the Secretary nor her agents or intermediaries shall reopen
or revise cost reports of the Providers for which a notice of program
reimbursement was issued prior to the date of entry of this Stipulation to
disallow OT or ST costs, on the basis of the "prudent buyer" principle, as
described in paragraph 1 above. Nothing in this agreement shall be construed to
prevent the Secretary from effecting a reopening or revision on the basis of
fraud or similar fault.
7. Within thirty (30) days of receipt of the Payments (or
administrative recordation), the Providers shall dismiss the Appeals to the
extent that they involve prudent buyer disallowances of the Providers' ST or OT
costs that were the subject of the 85% Computation. The Appeals may proceed with
respect to issues other than such prudent buyer disallowances of ST or OT costs
and with respect to other providers involved in those proceedings.
8. Effective upon receipt of the Payments by the Liberty Providers, and
upon administrative recordation of the Payments for MPAN and MHG Providers in
accordance with the January 18, 2000 Stipulation in the bankruptcy cases, the
Providers release the Secretary and her agents from all Medicare reimbursement
claims arising from the prudent buyer disallowances of ST and OT costs that were
the subject of the 85% Computation.
9. The Secretary shall make the Payments to the Liberty providers
within thirty (30) days after the receipt by the
-7-
undersigned agency counsel of the District Court's approval of this Stipulation.
The Secretary shall administratively record the Payments to the MPAN and MHG
providers within thirty (30) days after the undersigned agency counsel has
received both the District Court's approval and the Bankruptcy Court's approval
of this Stipulation.
10. Neither the Secretary nor her agents or intermediaries shall make
any further prudent buyer disallowances of ST or OT costs to the Providers'
Medicare cost reports for any cost reporting period beginning before July 1,
1998. Further, any prudent buyer disallowances of ST and OT costs reflected in
NPRs for such cost reporting periods issued after the date this Stipulation is
executed shall be reversed in their entirety and any monies recouped and
interest paid relating to prudent buyer disallowances pursuant to such NPRs
shall be refunded to the affected Providers (or placed in administrative freeze
in accordance with the bankruptcy Stipulation if it is still effective) within
thirty (30) days after the date such disallowance is brought to the attention of
the intermediary, without interest.
11. For purposes of determining the facility-specific portions of
the Providers' rates during the transition period described in 42 C.F.R. ss.
413.340, the Providers' Medicare allowable fiscal year 1995 costs shall be
deemed to include all costs previously removed through prudent buyer
disallowances. Thus, the
-8-
facility-specific portions of the Providers' transition period rates shall be
computed as if all prudent buyer disallowances of ST and OT costs for fiscal
year 1995 were reversed in their entirety. Adjustment of the Providers'
transition period rates pursuant to this paragraph shall be retroactive to the
beginning of each Provider's first cost reporting period beginning on or after
July 1, 1998. The reimbursement due to the LIBERTY Providers pursuant to these
retroactive adjustments shall be paid to the Liberty Providers within ninety
(90) days after the receipt by the undersigned agency counsel of the DISTRICT
Court's approval of this Stipulation without interest. The reimbursement due to
the MPAN and MHG providers shall be recorded in administrative freeze without
interest in accordance with the January 18, 2000 stipulation in the bankruptcy
cases within ninety (90) days after the undersigned agency counsel has received
both the District Court's approval and the Bankruptcy Court's approval of this
Stipulation.
12. The Plaintiffs waive any entitlement that they may have to recover
interest pursuant to 42 U.S.C. ss. 1395oo(f).
13. This Stipulation does not constitute an admission of fact or law by
any of the Parties and shall not affect any rights, claims, duties or
obligations the Parties may have with respect to any other issues not covered by
this Stipulation.
-9-
14. The Parties shall bear their own costs and attorneys' fees.
15. This Stipulation shall be effective on the date (the "Effective
Date") on which both of the following are satisfied: (1) the Stipulation has
been approved by the United States District Court for the District of Columbia;
and, only with respect to the MPAN and MHG Providers, (2) the Stipulation has
been approved by a final and non-appealable order of the United States
Bankruptcy Court for the District of Delaware in cases numbered 00-113 and
00-215. Execution of this Stipulation by the undersigned counsel for the
Plaintiffs shall constitute a dismissal of the Action with prejudice, effective
upon the Effective Date, pursuant to Federal Rules of Civil Procedure
41(a)(1)(ii), except that the Parties to this Stipulation shall retain the right
to bring or prosecute fully an action in this Court for breach of this
Stipulation, or to enforce the terms of this Stipulation. In addition, the MPAN
and MGH providers shall retain the right to reinstate this action, only with
respect to the claims brought by those providers, in the event that this
Stipulation is not approved by the United State Bankruptcy Court for the
District of Delaware in cases 00-113 and 00-215.
16. The provisions of this Stipulation shall inure to the benefit of
and shall be binding on the heirs, executors, administrators, assigns, or
successors in interest of the Parties.
-10-
17. MPAN represents and warrants that it has the authority to execute
this Stipulation and to bind the MPAN Providers. MHG represents and warrants
that it has the authority to execute this Stipulation and to bind the MHG
Providers. Liberty represents and warrants that it has the authority to execute
this Stipulation and to bind Plaintiff Blue Ridge Nursing Center of Martinsville
and Xxxxx County, Inc., Liberty, and the Liberty Providers. The general partner
of Sun Terrace and Haltom represents and warrants that he has the authority to
execute this Stipulation and to bind those Providers. The undersigned counsel
for the Defendant represent and warrant they have the authority to execute this
Stipulation and to bind the Department of Health and Human Services, including
the Health Care Financing Administration and all Medicare intermediaries.
Respectfully submitted,
------------------------------------- -------------------------------------
XXXXXXX X. XXXX XXXXX X. XXXXX
Unified Bar No. 281097 D.C. Bar Xx. 000000
XXXXXXXX X. XXXXXXXXXXXX Xxxxxx Xxxxxx Attorney
Unified Bar No. 434314
JENKENS & XXXXXXXXX
a Professional Corporation
0000 Xxxxxxxxxxxx Xxxxxx, X.X.
Xxxxx 000 -------------------------------------
Washington, D.C. 20006-3404 XXXX X. XXXXX
(000) 000-0000 D.C. Bar Xx. 000000
Xxxxxxx xxx Xxxxxxxxxx Xxxxxxxxx Xxxxxx Xxxxxx Attorney
-11-
------------------------------------- -------------------------------------
XXXXX X. XXXXXXX XXXXXXXX X. XXXXXX
Georgia Bar No. 346590 Health Care Financing Division
XXXXXX X. XXXXXXX Office of the General Counsel
Xxxxxxx Xxx Xx. 000000 Xxxxxx Xxxxxx Department of
ARNALL GOLDEN & XXXXXXX, LLP Health and Human Services
0000 X. Xxxxxxxxx Xxxxxx C2-03-25, Central Bldg.
Suite 2800 0000 Xxxxxxxx Xxxxxxxxx
Xxxxxxx, Xxxxxxx 00000-0000 Xxxxxxxxx, Xxxxxxxx 00000-0000
(000) 000-0000 (000) 000-0000
Counsel for Plaintiffs XXXXX X. XXXXXXX
Health Care Financing Division
Office of the General Counsel
United States Department of
Health and Human Services
000 Xxxxxxxxxxxx Xxx., X.X.
Xxxx 0000, Xxxxx Xxxxxxxx
Xxxxxxxxxx, X.X. 00000
(000) 000-0000
Counsel for the Secretary
Mariner Health Group, Inc.
By:
----------------------------------
Its:
---------------------------------
Mariner Post-Acute Network, Inc.
By:
----------------------------------
Its:
---------------------------------
-12-
Liberty Health Care, Inc.
By:
----------------------------------
Its:
---------------------------------
Fort Worth Medical Investors, Ltd.
By:
----------------------------------
Its:
---------------------------------
Sun City Center Associates Ltd. (L.P.)
By:
----------------------------------
Its:
---------------------------------
This Stipulation of Settlement and Dismissal is hereby APPROVED this
______ day of ________________.
United States District Judge
-13-
