STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, AHCA No.: 2009004622 v. Return Receipt Requested: 7009 0080 0000 0586 6614 ABC NURSE REGISTRY INC. d/b/a 7009 0080 0000 0586 6621 ABC NURSE REGISTRY INC. Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the State of Florida, Agency for Health Care Administration (hereinafter “AHCA” 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 revoke the nurse registry license [License No.: 30211247] pursuant to Rule 59A-18.004(9), Florida Administrative Code, and Section 400.506, Florida Statutes. Filed July 23, 2009 1:25 PM Division of Administrative Hearings. 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 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), Chapter 408, Part II, Florida Statutes (2008), and Rule 59A-18, Florida Administrative Code. 5. ABC Nurse Registry Inc. is a nurse registry located at 1190 N. W. 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 HAVE A STAFF PERSON AVAILABLE ON THE PREMISES DURING DESIGNATED BUSINESS HOURS. SECTION 400.506, FLORIDA STATUTES RULE 59A-18.004(9), FLORIDA ADMINISTRATIVE CODE (HOURS OF OPERATION STANDARD) 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) deficiency as a result of licensure surveys conducted on November 12, 2008 and March 13, 2009. 8. A licensure survey conducted on November 12, 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. 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 30211247 was 1190 NW 95th Street, Suite 301, Miami, Fl 33150. 10. Observation during the onsite 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. An onsite visit to the address location listed on the license of the Nurse Registry was conducted on 02/02/09 at 9:45 AM. Interview with the office staff #1 revealed that the office suite #301 belongs to a practicing physician Radiologist but quickly advised that it is also shared with Nurse Registry. Staff #1 indicated that ‘they have been waiting for the State Agency's inspection. The Administrator, or the designated alternate, was not on the premises of the Nurse Registry. There was no staff from the nurse registry available to the public. Staff #1 called the Administrator and asked if the surveyor could wait approximately 1 hour because the Administrator was in Broward. Staff #1 stated that she works Monday to Friday from 10 AM to 2 PM and another staff£ (#2) works from 2PM to 6PM. 16. After an hour around 10:45 AM, the surveyor returned to the office suite and met with Staff #1, the Administrator and the Office Manager of the Broward office. The survey was conducted at the receptionist area (staff #1) and not on any room designated specifically for the Nurse Registry. 17. The surveyor was presented with only 2 patient records for review. Both records showed the office address and all contact information for the Broward (Hollywood) office. There was no evidence on both records indicating the Miami office involvement in the management of the two patients whose address are listed as residing in Miami-Dade county. 18. Review of other documents revealed that all faxes, transmittal letters, business cards, and Independent contractor agreements have the address, fax number and phone number of the Broward office. Items requested for inspection, such as Payroll records, complaint/grievance log, inactive independent contractor files, any other discharged patient files, etc. were not available for inspection, because they were in the Broward office. 19. There was no lease agreement between the Nurse Registry and the Physician Radiologist for a shared office space. On February 3, 2009, the Nurse Registry provided AHCA a one page shared office space agreement dated 2/2/09 after the surveyor requested a copy. 20. Internet site search also revealed that the Nurse Registry only showed the Broward. office location including phones and fax information. 21. There was no convincing evidence to show that the Nurse Registry conducts business in the Miami-Dade office. 22. A licensure renewal survey was conducted on March 13, 2009. Based on observation, record review, and interview, it was determined that the nursing registry still failed to have a staff person available to the public during the designated business hours.. Rule 59A-18.004(9), Florida Administrative Code, provides that when the administrator, or the designated alternate, are not on the premises during designated business hours, a staff person must be available to answer the phone and the door. The findings include the following. 23. Another onsite visit was conducted by two State Surveyors on 3/13/09 around 10:20 AM at the office of the Nurse Registry with the license number 30211247 and -with office location listed as 1190 NW 95th Street Suite 301, Miami, Fl 33150 24. Observation during the onsite visit 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. 25. The office suite stated as place of business for the Nurse Registry, Suite #301, revealed that the office was currently occupied by a medical practitioner whose specialty was Radiology. The surveyors knocked several times but there was no sign of any office activities inside the suite. The door was locked and the lights were turned off. There was no sign on the door indicating the office was closed for the day or if someone was just on break and would be back later. There was no contact information posted or listed that was accessible to the general public. Further observation of the entire third floor revealed no office suites with the Nurse Registry as a registered occupant. The first floor building directory showed no listing of the Nurse Registry. 26. The Plan of Correction provided by the Nurse Registry in response to the survey dated 11/12/08 revealed the address as stated on the license and that the office hours are from 10 AM to 6 PM daily Monday to Friday. 27. The surveyors waited and left the area after one hour with no evidence that the Nurse Registry was open for business and available to the public. This is an uncorrected deficiency from the survey of November 12, 2008. 28. Based on the foregoing, ABC Nurse Registry Enc. violated Section 400.506, Florida Statutes (2008), and Rule 59A- 18.004(9), Florida Administrative Code, which warrants a revocation of the nurse registry license because this is the second time that AHCA finds that there is no staff person available on the premises during designated business hours. 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. Revoke nurse registry [License No.: 30211247] of ABC Nurse Registry Inc. based on the violation in Count I. 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 Vee, Lf hexcnes, Lourdes A. Naranjo, Esq. Fla. Bar No.: 997315 Assistant General Counsel. Agency for Health Care Administration 8350 N.W. 52 Terrace - #103 Miami, Florida 33166 9 Copies to: R. Steve Emling Field Office Manager Agency for Health Care Administration 8355 N.W. 537¢ 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, Hollywood, Florida 33021 on this 24 day of , 2009. fucche Cf haceser, ourdes A. Naranjo, SECTION oF ri a . 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Docket for Case No: 09-003955

Orders for Case No: 09-003955