his ad the ill i STATE OF FLORIDA po AGENCY FOR HEALTH CARE ADMINISTRATE 8 VAZQUEZ MEDICAL SUPPLIES CORPORATION, Petitioner, vs. > AGENCY FOR HEALTH CARE ADMINISTRATION, | Respondent / FINAL ORDER The Petitioner, Vazquez Medical Supplies Corporation, requested a formal hearing on August 6, 2001 and was referred to the Division of Administration Hearings (Division). On November 6, 2001, the Petitioner filed a Motion to Dismiss the formal request for hearing due to the fact that Petitioner is no longer providing services, which require the issuance of an HME license from the State of Florida. Based on the Petitioner’s “Motion to Dismiss”, the assigned Administrative Law Judge (ALJ) closed the Division’s file. The Petitioner’s Motion to Dismiss and the ALJ’s Order Closing the File dated November 7, 2001 are incorporated by reference. Based on the foregoing, this case is closed. DONE and ORDERED at Tallahassee, Leon County, Florida this Z day of _Beembecmo. . Medows, MD, Secréfafy Agency fér Health Care Ad. istrajon SET re oer ne ME 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 PROCEEDING SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Luis M. Vissepo II, Assistant General Counsel Agency for Health Care Administration Manchester Building 8355 NW 53rd Street Miami, Florida 33166 (nter-office mail) HME Program Office Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Inter-office mail) Diane Lopez Castillo, Field Office Manager Agency for Health Care Administration 8355 NW 53rd Street Miami, Florida 33166 (Inter-office mail) Hon. John G. Van Laningham Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (U.S. mail) : Benjamin R. Metsch, Esquire MESTCH & MESTCH, P.A. 1455 NW 14" Street Miami, Florida 33125 (U.S. Certified mail) SRR ogee open cee CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been forwarded to the above-named addressees on 2okCEM be ia ixt , 2001. 2 ~ Agency Agency for Health Care Administration 2727 Mahan Drive Building 3 Tallahassee, Florida 32308 (850) 922-5865 a i i alll aa een cg ar STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARING OF ake 20 AM | VAZQUEZ MEDICAL SUPPLIES, CORPORATION, Petitioner, vs. Case No. 01-3619 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. ORDER CLOSING FILE This cause having come before the undersigned on Petitioner's Motion to Dismiss, filed November 6, 2001, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for November 15, 2001, is hereby cancelled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. DONE AND ORDERED this 7th day of November, 2001, in Tallahassee, Leon County, Florida. JOHN G. VAN LANINGHAM Administrative Law Judge Division of Administrative Hearings ad The DeSoto Building - 1230 Apalachee Parkway _ Tallahassee, Florida 32399-3060 NGY g (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us cegeey aee rE ROE TIT BPR eee erage Sail atl LacaEk ae Skat da dis ae ee ee STATE OF FLORIDA i “PY DIVISION OF ADMINISTRATIVE HEARINGS 0, me LEC 29 AM 10: 57 VAZQUEZ MEDICAL SUPPLIES CORPORATION, - Petitioner, v. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / MOTION TO DISMISS Petitioner Vazquez Medical Supplies Corporation by and through its undersigned counsel does hereby move to dismiss its Petition For Formal Hearing in the above styled action and does hercby state: 1. Vazquez Medical Supplies Corporation is no longer providing services which require the issuance of an HME License from the State of Florida. WHEREFORE, Vazquez Medical Supplies Corporation hereby moves that its Petition For Formal Hearing be dismissed. METSCH & METSCH, P.A. Counsel for Vazquez Medical Supplies 1455 NW 14" Strect Miami, Florida 33125 (305) 545-6400 By: Benjamin R. Metsch FBN 94760 . LAW OFFICES OF METSCH & METSCH, PA. 1455 NW 14 STREET. MIAMI, FLORIDA 33 125 * TELEPHONE 305-545-6400 * TELECOPIER 305-545-7224 20d ~ veel SbSS0€ SH0{4d0 TWNOISSS4Odd = Wd 15:70 FNL 108¢-90-AON ore PSP or ee eee cg ORR pRWREM rere one Pare ree CERTIFICATE OF SERVICE I hereby certify that 4 true and correct copy of the foregoing motion was faxed and mailed this 6" day of November 2001, to Luis Vissepo. Esq., Counsel for the Agency For Health Care Administration, 8355 NW 53” Street, Miami, Florida 33166. a Benjamin R. Metsch ° LAW OFFICES OF METECH & METSCH, Pa. 1 - E “545-7224 1435 HW td STREET. MIAM!, FLORIDA 33125 * TELEPHONE 305-545-8400 * TELECOPIER 3OR-S45-722 £0 ‘d ~ peel SpSS0¢ SAOTd40 THNOISSHI0dd = Nd 1S'b0 Jnl 1002-90-ACK Tee ee re Ser pe perp oe lsd slick aaRinInen aR ee STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION AM IQ: 5 Vie JEB BUSH, GOVERNOR CERTIFIED MAIL fs ATI VE RETURN RECEIPT REQUESTED ene - = Certified Article Number P?h yaa 120 July 30, 2001 SENDERS RECORD . ; , Vasquez Medical Supply . Attn: Sigfredo Soto W-Ol-O15 9 HME 8275 W. 12 Avenue, #101 Hialeah, FL 33014 NOTICE OF INTENT TO DENY It is the decision of this agency that your application for a home medical equipment license is denied. Your business failed to demonstrate substantial compliance with the minimum standards required to be licensed. The Agency for Health Care Administration area office sent your business a certified letter on 04/19/2001 noticing you of deficiencies found during the survey conducted on 04/18/2001 and requested a Plan of Correction for those deficiencies. On 06/20/2001 the area office tried to reach you by phone and lefta message to return their _ call, however, you failed to respond to the call. On 06/25/2001 the area office sent you a second certified letter requesting the Plan of Correction and to date, an acceptable Plan of Correction has not been received. Therefore, the HME license is being denied pursuant to Section 400.931, Florida Statutes (2000) and Section 59A-25.005(1)(f), Florida Administrative Code. EXPLANATION OF RIGHTS Pursuant to Section 120.569, F.S.-you have the right to request an administrative hearing. In order to obtain a formal proceeding before the Division of Administrative Hearings under Section 120.57(1), F.S., your request for an administrative hearing must conform to the requirements in Section 28-106.201, Florida Administrative Code (F.A.C), and must state the material facts you dispute. Visit AHCA Online at www.fdhe.state.fl.us 2727 Mahan DriveMail Stop #34 Tallahassee, FL 32308 me cere SRE prime oper FECT RTE TR RR ORE RET REE - RRR ER ee Vasquez Medical Supply July 30, 2001 Page 2 If you do not dispute any issues of material fact (you admit them), you will be afforded an informal hearing under Section 120.57(2), F.S. At an informal hearing, you will be given an opportunity to present both written and oral evidence to reduce the penalty being imposed for the ” ‘violations set out in the Notice of Intent. Mediation under Section 120.573, F.S. is not available in this matter. All requests for hearings shall be filed with the Agency within twenty-one (21) days of receipt of this letter. Failure to request a hearing will result in the entry of a final order denying the application. Any request shall be sent to Mr. Luis Vissepo, Senior Attorney, Agency for Health Care Administration, 8355 NW 53” Street, Koger Center, 1st Floor, Manchester Building, Miami, FL 33166. Please include a copy of this Notice of Intent with the request. Count Mtnt Anne Menard Home Care Unit Manager Health Facility Compliance “cc: Luis Vissepo, Attomey Field Office Manger, Area 11, Diane Lopez-Castillo CRE OT RE RE ERR ER RET TERRE TR OR RE ar

Docket for Case No: 01-003619