STATE OF FLORIDA - AGENCY FOR HEALTH CARE ARMINISTRATION go Je STATE OF FLORIDA, al AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, v. AHCA NO: 10-01-0037 CL CASE NO: 01-1992 nme Respondent. C Lose] / FINAL ORDER AMERICAN BIOMEDICAL LABORATORIES, INC., By letter, dated April 10, 2001, Respondent was notified of the decision of the Agency for Health Care Administration (Agency) to deny its application for initial license. The Agency’s ~ letter, which explains the basis for the denial, is attached hereto and incorporated herein. On April 26, 2001, Respondent served its Petition for Formal Administrative Hearing. The Petition was forwarded to the Division of Administrative Hearings (DOAH). On November 14, 2001, Respondent filed a Notice of Voluntary Dismissal with DOAH, which stated that it was dismissing its action pursuant to Chapter 120, Florida Statutes. On November 19, 2001, the administrative law judge closed the DOAH case and j urisdiction reverted to the Agency. Based on the foregoing, itis ORDERED: That the initial application for license be denied, based on evidence that the applicant, American Biomedical Laboratories, Inc., was performing and reporting clinical laboratory tests prior to obtaining a clinical laboratory license under the provisions of Chapter 483, Part I, Florida Statutes and its inability to demonstrate during the initial on-site survey that the laboratory testing a ee a equipment had been properly installed or checked so that accurate and precise patient testing could be assured, or that there was adequate oversight and training of the laboratory personnel by the laboratory director and supervisors. DONE and ORDERED this__/O day of Hanu. SRR Tallahassee, Florida. 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 AGENCY CLERK AND A SECOND COPY, ALONG WITH FILING FEE AS PRESCRIBED BY LAW, IN THE DISTRICT COURT OF APPEAL WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Pury Lopez Santiago Assistant General Counsel Agency for Health Care Administration 8355 N. W. 53” Street , Miami, Florida 33166 (Inter-Office Mail) Elizabeth Dudek Deputy Secret: . Agency forHealth Care Administration 2727 Malian Drive Bldg #1 Mail Stop Code #9 “s orp Diana Lopez Castillo Field Office Manager Agency for Health Care Administration 8355 N. W. 53% Street Miami, Florida 33166 (Inter-Office Mail) Clinical Laboratory Unit Program Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (nter-Office Mail) Michael M. Parrish Administrative Law Judge Division of Administrative Hearings The DeSoto Building . 1230 Apalachee Parkway i Tallahassee, Florida 32399-3060 ; : (U.S. Mail) t Sandra P. Greenblatt, Esquire Ferrell Schultz Carter Zumpano & Fertel P.A. 201 South Biscayne Boulevard ' 34" Floor i Miami, Florida 33131-4326 (U.S. 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) arid entities by U.S. Mail, or by the method designated, on this 2a day of ( ne is \\ OK agp ' Ad? Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850) 922-5865 , v w 3 q SLE Noy 2 1 —_—_———. STATE OF FLORIDA an DIVISION OF ADMINISTRATIVE HEARINGS ! 02 JAN 26 AM IO: 56 AMERICAN BIOMEDICAL LABORATORIES, INC., Petitioner, vs. Case No. 01-1992 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. Sn ORDER CLOSING FILE This cause having come before the undersigned on Petitioner's Notice of Voluntary Dismissal filed November 15, 2001, and the undersigned being fully advised, it is, therefore, ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. DONE AND ORDERED this 19th day of November, 2001, in Tallahassee, Leon County, Florida. thd £20 MICHAEL M. PARRISH 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 19th day of November, 2001. { NOV.14.2081 5:14PM FERRELL SCHULTZ (3@5) 371-5732 NO. 960 P.2 : STATE OF FLORIDA ~ so 85 DIVISION OF ADMINISTRATIVY HEMRINGS!" (0° 99 AMERICAN BIOMEDICAL ) LABORATORIES, INC., ) , ) ) . Petitioner ) Case No. 01-1992 ) vs. ) ) AGENCY FOR HEALTH CARE ) ADMINISTRATION, ) ) Respondent ) NOTICE OF VOLUNTARY DISMISSAL You are hereby notified that Petitioner, American Biomedical Laboratories, Inc., hereby dismisses this action pursuant to Chapter 120, Florida Statutes. FERRELL SCHULTZ CARTER ZUMPANO & FERTEL P.A. Counsel for Petitioners 201 South Biscayne Boulevard 34" Floor Miami, FL 33131-4326 Telephone: (305) 371-8585 Fax: (305) 371-5732 By: Sandra P. Greenblatt Florida Bar No. 4380 orm: tomer pe re: NWUY. 14. cid St lorn FERRELL SCHULTZ (345) 371-5732 - NO. 968 P.3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and exact copy of the foregoing Notice For Voluntary Dismissal has been furnished to Pury Santiago, Area Office Attomey, Agency for Health Care Administration at 8355 N.W. 53” Street, Miami, Florida 33166, via facsimile and regular mail this 14" day of November, 2001. FERRELL SCHULTZ CARTER ZUMPANO & FERTEL P.A. Counsel for Petitioners 201 South Biscayne Boulevard 34" Ploor Miami, FL 33131-4326 Telephone: (305) 371-8585 Fax: (305) 371-5732 ree ee ish ce Oa PRCT ere reer tg ne cape

Docket for Case No: 01-001992