09-005006 Pro-Health Nursing Services, Inc. vs. Agency For Health Care Administration Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 29, 2009.

E

STATE OF FLORIDA G FiNCA

AGENCY FOR HEALTH CARE ADMINISTRATION r

2010 JAN 8 A 11 51

PRO HEALTH NURSING SERVICES

INC

Petitioner

DOAH NO 09 5006

V CASE NO 2009008714

STATE OF FLORIDA AGENCY FOR

HEALTH CARE ADMINISTRATION

Respondent

FINAL ORDER

Having reviewed the Amended Notice of Intent to Deem Application

Incomplete and Withdrawn from Further Review dated September 21 2009

attached hereto and incorporated herein Ex 1 and all other matters of

record the Agency for Health Care Administration hereinafter the Agency

finds and concludes as follows

FINDINGS OF FACT

1 The Agency issued an Amended Notice of Intent to Deem

Application Incomplete and Withdrawn from Further Review dated

September 21 2009 stating the intent to deem the application incomplete

and withdrawn from further consideration against the Petitioner Pro Health

Nursing Services Inc hereinafter the Petitioner a home health agency

2 The Notice of Intent to Deem Application Incomplete and

Withdrawn from Further Review charged that the Petitioner failed to submit

information addressing identified errors or omissions within twenty one days

from the receipt of the Agency s correspondence violating Section

408 806 3 b Florida Statutes 2008

3 The case was referred to the Division of Administrative Hearings

for proceedings according to law See Section 120 57 1 Florida Statutes

2009

4 By order dated December 29 2009 the Administrative Law

Judge of the Division of Administrative Hearings determined that no material

issue of fact remained in dispute and thus relinquished jurisdiction to the

Agency for Health Care Administration a copy of which is attached hereto

and incorporated herein Ex 2

5 The facts as alleged and found establish that the Petitioner

failed to submit requested information omitted from an application for

licensure renewal or change of ownership violating Section 408 806 3 b

Florida Statutes 2008

CONCLUSIONS OF LAW

1 The Agency has jurisdiction over the Petitioner pursuant to the

provisions of Chapters 400 Part III 408 Part II and Section 20 42 Florida

Statutes and Chapter 59A 8 Florida Administrative Code

Based on the foregoing findings of fact and conclusions of law it is

ORDERED

1 The Amended Notice of Intent to Deem Application Incomplete

and Withdrawn from Further Review is upheld

2 The above styled case is hereby closed

DONE and ORDERED this 7 day of January 2010 in Tallahassee

Leon County Florida

Thomas W nold Secreta rv

Agency ealth Care Administration

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED

TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY

OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA AND A

SECOND COPY ALONG WITH FILING FEE AS PRESCRIBED BY LAW WITH

THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE

AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES

REVIEW OF PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH

THE FLORIDA APPELLATE RULES THE NOTICE OF APPEAL MUST BE FILED

WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED

Copies furnished to

Administrator Manuel R Lopez Esquire

Pro Health Nursing Services Inc Manuel Lopez Associates P A

9700 Stirling Road Suite 105B 770 Ponce de Leon Boulevard

Cooper City Florida 33026 Miami Florida 33134

U S Mail U S Mail

Anne Menard Unit Manager Mark Hinely Senior Attorney

Home Care Unit Office of the General Counsel

Agency for Health Care Admin Agency for Health Care Admin

Interoffice Mail Interoffice Mail

Jan Mills Errol H Powell

Facilities Intake Unit Administrative Law Judge

Agency for Health Care Admin Division of Administrative Hearings

Interoffice Mail Electronic Mail

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of this Final Order was

served on the above named person s and entities by U S Mail or the

I

method designated on this the t day of January 2010

Richard Shoop Agency Clerk

Agency for Health Care Administration

2727 Mahan Drive MS 3

Tallahassee Florida 32308 5403

850 5873 922