Notice of Variances and Waivers AGENCY FOR HEALTH CARE ADMINISTRATION Health Facility and Agency Licensing RULE NO: RULE TITLE 59A-8.004 Licensure Procedure 59A-8.007: Geographic Service Area NOTICE IS HEREBY GIVEN THAT on June 18, 2008, the ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing

RULE NO: RULE TITLE
59A-8.004: Licensure Procedure
59A-8.007: Geographic Service Area

NOTICE IS HEREBY GIVEN THAT on June 18, 2008, the Agency for Health Care Administration has issued an order.

The Final Order is Denying the Petition for Variance from Rule 59A-8.004 and subsection 59A-8.007(1), Florida Administrative Code.

The Order concerned the Petition for Variance, filed on March 25, 2008, by Pediatric Services of America, Inc. The Notice of Petition for Waiver or Variance was published in the Florida Administrative Weekly at pp .2032 of Vol. 34, No. 15, published April 11, 2008.

Petitioner requested a variance of Rule 59A-8.004 and subsection 59A-8.007(1), Florida Administrative Code, entitled “Licensure Procedure” and “Geographic Service Area”. Rule 59A-8.004, F.A.C., incorporates by reference the forms required for home health licensure including Application for Change of Ownership, form number AHCA 3110-1012. The application requires the applicant to specify the geographic service area by county in which home health agency expects to provide services. Subsection 59A-8.007(1), F.A.C., states that all home health agencies must apply for a geographic service area on their initial license application. Home health agencies may apply for a geographic service area which encompasses one or more of the counties within the specific AHCA area boundaries, pursuant to Sections 408.032(5) and 400.497(7), F.S., in which the main office is located. The petition sought a variance from these rules. The petitioner requested to serve patients in Lake County, a geographic service area 3 county, from their main office located in geographic service area 7, instead of establishing an office in geographic service area 3.

The Agency denied this request and issued a Final Order on the Petition on June 18, 2008. The basis for the Agency’s denial of the petition is the failure of the petitioner to establish that the requirements for a waiver under Section 120.542(2), F.S.; the Petitioner failed to established a substantial hardship or that the underlying purpose of the authorizing statute would be meet or that the Agency’s decision would violate the principals of fairness.

A copy of the Order may be obtained by contacting: Mark Hinely, Assistant General Counsel, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop #3, Tallahassee, Florida 32308, [e-mail], [phone].