O41 Cy pe | (4 ‘ id, & i STATE OF FLORIDA 1p AGENCY FOR HEALTH CARE RID yeoman ~] Py b By, STATE OF FLORIDA, AGENCY FOR ADM 1M pe HEALTH CARE ADMINISTRATION, Re Petitioner, AHCA No.: 2009000770 v. Return Receipt Requested: 7002 2410 0001 4236 2411 ABC NURSE REGISTRY, INC. d/b/a 7002 2410 0001 4236 2428 ABC NURSE REGISTRY INC. Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the State of Florida, Agency for Health Care Administration (hereinafter “AHCAY” or the “Agency”) by and through the undersigned counsel, and files this administrative complaint against ABC Nurse Registry, Inc. d/b/a ABC Nurse Registry Inc. (hereinafter “ABC Nurse Registry Inc.”) pursuant to 28-106.111, Florida Administration Code (2008) and Chapter 120, Florida Statutes (2008), and alleges: NATURE OF ACTION 1. This is an action to impose an administrative fine in the amount of $500.00 pursuant to Sections 400.484, 400.506, Florida Statutes (2008), and Rule 59A-18.004(9), Florida Administrative Code. JURISDICTION AND VENUE 2. This court has jurisdiction pursuant to Section 120.569 and 120.57, Florida Statutes (2008), and Chapter 28-106, Florida Administrative Code. 3. Venue lies in Miami-Dade County pursuant to 120.57, Florida Statutes (2008), and Chapter 28-106.207, Florida Administrative Code. PARTIES 4. AHCA is the enforcing authority with regard to nurse registries pursuant to Chapter 400, Part III, Florida Statutes (2008) and Rule 59A-18, Florida Administrative Code. 5. ABC Nurse Registry Inc. is a nurse registry agency located at 1190 N. WwW. 95° Street, Suite 301, Miami, Florida 33150 and is licensed under number 30211247. ABC Nurse Registry Inc. was at all times material hereto a licensed facility under the licensing authority of AHCA and was required to comply with all applicable rules and statutes. COUNT I ABC NURSE REGISTRY INC. FAILED TO PROVIDE STAFF PERSONNEL ON THE OFFICE PREMISES DURING DESIGNATED BUSINESS HOURS. RULE 59A-18.004(9), FLORIDA ADMINISTRATIVE CODE (HOURS OF OPERATION STANDARDS) CODE VIOLATION 6. AHCA re-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 7. ABC Nurse Registry Inc. was cited with one (1) code violation as a result of an attempted licensure survey conducted on November 17, 2008. 8. A licensure survey was attempted on November 17, 2008. Based on record review, observation, and interview, it was determined that the nursing registry failed to have a staff person available on the office premises stated on the State Nursing Registry License during the designated business hours as required by Rule 59A-18.004 (9), Florida Administrator Code. The findings include the following. 9. Record review conducted on 11/12/2008 revealed that the office location for Nurse Registry with the license number NR42962815 was 1190 NW 95th Street Suite 301, Miami, Fl 33150. 10. Observation during the on site visit conducted on 11/12/08 revealed the absence of business identification for the Nurse Registry for Suite 301 stated as the business location. Building Directory located on the first floor revealed the absence of the company name identifying the Nurse Registry as a registered occupant of one of the office suites. 11. Suite #301 revealed that the office was currently occupied by a medical practitioner whose specialty was Radiology. Interview with the front office staff of Suite 301 confirmed that the office was a Physician's office and denied the presence of ABC Nurse Registry as sharing the office space. 12. Further observation of the entire third floor revealed no office suites with Nurse Registry as a registered occupant. 13. Telephone interview with the Nursing Registry's Director of Operations on 11/17/08 at 2:30 pm by AHCA Supervisor of Hospitals Unit, Area 11 revealed that the Nurse Registry does not have anyone in the Miami office and that the Miami address is used for phone service only. 14. The Director of Operations stated that the Nurse Registry is in partnership with the physician office, but the physician’s office denies this partnership. The Director of Operations confirmed that the official address of the Nurse Registry is 5301 McKinley Street, Hollywood, Fl, 33021. 15. Based on the foregoing, ABC Nurse Registry Inc. violated Rule 59A-18.004(9), Florida Administrative Code, herein classified as a code violation, which warrants an assessed fine of $500.00. CLAIM FOR RELIEF WHEREFORE, the Petitioner, State of Florida Agency for Health Care Administration requests the following relief: 1. Enter a judgment in favor of the Agency for Health Care Administration against ABC Nurse Registry Inc. on Count I. 2. Assess an administrative fine of $500.00 against ABC Nurse Registry Inc. on Count I for the violation cited above. 3. Assess costs related to the investigation and prosecution of this matter, if the Court finds costs applicable. 4, Grant such other relief as this Court deems is just and proper. Respondent is notified that it has a right to request an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes (2008). Specific options for administrative action are set out in the attached Election of Rights. All requests for hearing shall be made to the Agency for Health Care Administration, and delivered to the Agency for Health Care Administration, Agency Clerk, 2727 Mahan Drive, Building 3, Mail Stop #3, Tallahassee, Florida 32308. RESPONDENT IS FURTHER NOTIFIED THAT THE FAILURE TO RECEIVE A REQUEST FOR A HEARING WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF THIS COMPLAINT, PURSUANT TO THE ATTACHED ELECTION OF RIGHTS, WILL RESULT IN AN ADMISSION OF THE FACTS ALLEGED IN THE COMPLAINT AND THE ENTRY OF A FINAL ORDER BY THE AGENCY. IF YOU WANT TO HIRE AN ATTORNEY, YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY IN THIS MATTER Drone, Glia oss Lourdes A. Naranjo, Fla. Bar No.: 997315 Assistant General Counsel Agency for Health Care Administration 8350 N.W. 52 Terrace - #103 Miami, Florida 33166 Copies to: R. Steve Emling. Field Office Manager Agency for Health Care Administration 8355 N. W. 53%¢ Street Miami, Florida 33166 (Interoffice Mail) Finance and Accounting Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #14 Tallahassee, Florida 32308 Assisted Living Facility Unit Program Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail, Return Receipt Requested to Douglas Hammond, Administrator, ABC Nurse Registry Inc., 1190 N.W. 95°® Street, Suite 301, Miami, Florida 33150; Peggy Hammond, Registered Agent, 5301 McKinley Street, Hojlywood, Florida 33021 on this [344 _ day of , 2009. ourdes A. Naranjo, Esq. U.S. Postal Service: I'S SECTION ma CERTIFIED MAILia I SENDER: COMPLETE TH! 1) ie Mai mm = eau Aue. m Complete items 1, 2, and 3. Also complete Ieee . tem 4 if Restricted Delivery is desired. mn ©) = m Print your name and address on the reverse mu ‘a i c& i & so that we can return the card to you. > @ Attach this card to the back of the mailpiece, Postage | $ or on the front if space permits. - At oa Certified D. Is delivery address different from item 1? OO Yes 3 Fee 1. Article Addressed to: If YES, enter delivery address below: CNo Ret Howutend © Enacisemant Reruived Poogy (2 “Restricted 4 a (Endorsement Reviicn Bor Weian ay Mint fu . Fy ped 2h: Total Postage & Fees tail wood. Fletise 3200) 1 [sar ent To ~ a oa z L 3 | erase al Heap wnend ; eciipt for Merchandise 7oo2 2410 pool 4236 e428 (iransfer from service label) PS Form 3811, February 2004 fics ee Se BS Form'3800, June 2002 102595-02-M-1540 ¢ t Domestic Return Receipt (Druin Con pe

Docket for Case No: 09-001719