Notice of Variances and Waivers

Health Facility and Agency Licensing
59A-35.100: Minimum License Requirements.
The Agency for Health Care Administration hereby gives notice:
That on May 19, 2011, a Final Order was issued Denying the Petition for Waiver of subsection 59A-35.100(2), Florida Administrative Code.
The Order concerned the Petition for Waiver, received by the Agency on February 11, 2011, by Alzheimer’s Community Care, Inc. The Notice of Petition for Waiver was published in the Florida Administrative Weekly at page 611 of Vol. 37, No. 10, published on March 11, 2011.
The Petitioner requested a waiver from subsections 59A-35.100(2) and 59A-35.100(2), F.A.C., implements Section 408.810, Florida Statutes. This rule states that no more than one license will be issued to operate the same provider types at the identical physical or street address, with the exception of federally authorized clinical laboratories. The Petition sought a waiver to allow it to hold a license to operate an adult day care center at a physical location which already houses an adult day care center.
The Agency denied this request and issued a Final Order on the Petition on May 19, 2011. The basis for the Agency’s denial of the petition is the failure of the Petitioner to establish that the requirements for a waiver under Section 120.542(2), F.S. would be met. The Petitioner failed to establish a substantial hardship or that the underlying purpose of the authorizing statute would be met or that the Agency’s decision would violate the principles of fairness.
A copy of the Order or additional information may be obtained by contacting:
Mr. Vikram Mohan, Assistant General Counsel, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop #3, Tallahassee, Florida 32308,, (850)412-3630.