oh i, STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION YAIMY MEDICAL SUPPLY, INC., a Florida Corporation Petitioner, DOAH No: 01-1936 VS. AHCA No: 11-01-0103 HME AGENCY FOR HEALTH CARE ADMINISTRATION, &. pa Pp Respondent / FINAL ORDER BY ORDER dated July 10, 2001, the Division of Administrative Hearings closed its files in the above-styled cause because Petitioner, Yaimy Medical Supply, Inc. (hereinafter referred to as the "Petitioner") filed a Motion to Dismiss dated July 5, 2001 Upon consideration of the foregoing, it is ORDERED the Agency’s file is hereby closed and the license to operate as a home medical equipment is denied. DONE and ORDERED at Tallahassee, Leon County, Florida this Z. day of eer thret2 201 i Administration i 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 t NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY, E 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 PROCEEDING SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES, THE __ NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS GF THE RENDITION OF THE ORDER TO BE REVIEWED. cok kk ain. Copies furnished to: Luis M. Vissepo, Assistant General Counsel Agency for Health Care Administration Manchester Building 8355 NW 53rd Street Miami, Florida 33166 Diane Lopez Castillo, Field Office Manager Agency for Health Care Administration 8355 NW 53” Street Miami, Florida 33166 (Inter-office mail) (Inter-office mail) Home Care Unit Program Office Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 Cnter-office mail) Hon. Errol H. Powell Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (U.S. Mail) Benjamin R. Metsch, Esquire Attomey for Venenic Medical Supplies 1455 NW 14” Street Miami, Florida 33125 (U.S. Certified Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been forwarded to the above-named addressees by U.S. Mail and Inter-office mail on XC. gp , 2001. aS SN fet oe ts Agency Clerk Agency for Health Care Administration 2727 Mahan Drive Building 3 Tallahassee, Florida 32308 _ (850) 922-5865 ere ret vere owes ere OTR rT err TEE omer Fins bons be STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS YAIMY MEDICAL SUPPLY, INC., Petitioner, vs. Case No. 01-1936 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. ORDER CLOSING FILE “This cause having come before the undersigned on Petitioner's Motion to Dismiss, filed July 5, 2001, which is considered a withdrawal of its Petition for Formal Hearing, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for July 13, 2001, is hereby cancelled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. ETE RE me RRR MRE DONE AND ORDERED this 10th day of July, 2001, in Tallahassee, Leon County, Florida. buck Wout ERROL H. POWELL Administrative Law Judge Division of. Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 10th day of July, 2001. COPIES FURNISHED: Benjamin R. Metsch, Esquire Metsch & Metsch, P.A. 1455 Northwest 14th Street Miami, Florida 33125 Luis Vissepo, III, Esquire Agency for Health Care Administration 8355 Northwest 53rd Street Miami, Florida 33166 a fila. hie wt de aay fran 2 f ee Be STATE OF FLORIDA Pelle AGENCY FOR HEALTH CARE ADMINISTRATION jp 20 AN 10: 55 YAIMY MEDICAL SUPPLY, INC., a Florida Corporation, Petitioner, CASE NO. 01-1936 v. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / MOTION TO DISMISS Petitioner Yaimy Medical Supply, Inc. (“Yaimy”), by its undersigned attorneys does hereby move to dismiss this petition and shows the following: 1. The basis for this petition was Respondent Agency For Health Care Administration’s (“AHA”) denial of Yaimy’s application to become a licensed HME. 2. Yaimy is not providing services which require an HME license. WHEREFORE, Yaimy hereby requests that its Petition For Formal Hearing in this matter be dismissed. : . Respectfully submitted, METSCH & METSCH, P.A. Attorneys for Yaimy 1455 NW 14" Street Miami, Florida 33125 (305) 545-6400 Fax: (305) 545-7224 LAW OFFICES OF METSCH & METSCH, PA, '4SS NW 14 STREET, MIAME, FLORIDA 33125 * TELEPHONE 305-545-6400 * TELECOPIER 305-545-7224 Ser eer ori a Ve UY Ue a ka a tae Pe oe Ui ve NR. . bbe Benjamin R. Metsch FBN 947260 CERTIFICATE OF SERVICE Thereby certify that the foregoing Motion To Dismiss was faxed on this ZL J” day of July, 2001 to Luis Vissepo, Esq., 8355 NW 53% Street, Miami, Florida 33166. Benjamin R. Metsch iS) LAW OFFICES OF METSCH & METSCH. P& 1455 NW 14 STREET. MIAMI, FLORIDA 33125 * TELEPHONE 305-545-6400 * TELECOPIER 3CH-845-7224 ee ee cpm ot wore

Docket for Case No: 01-001936