Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: ABC NURSE REGISTRY, INC., D/B/A ABC NURSE REGISTRY, INC.
Judges: PATRICIA M. HART
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Apr. 01, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 13, 2009.
Latest Update: Dec. 24, 2024
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