Notice of Variances and Waivers

Health Facility and Agency Licensing
59A-18.004: Licensure Requirements, Procedures, and Fees
NOTICE IS HEREBY GIVEN that on February 17, 2009, the Agency for Health Care Administration has issued an order.
The Final Order is Denying the Petition for Variance from subsection 59A-18.004(4), Florida Administrative Code.
The Order concerned the Petition for Variance, filed on November 19, 2008, by Burke Consulting Corporation d/b/a Granny Nannies of Sarasota. The Notice of petition for Waiver or Variance was published in the Florida Administrative Weekly at page 6491 of Vol. 34, No. 50, published on December 12, 2008.
Petitioner requested a variance of subsection 59A-18.004(4), Florida Administrative Code; entitled “Licensure Requirements, Procedures, and Fees.” Subsection 59A-18.004(4), F.A.C., states that all nurse registries must apply for counties within specific Agency for Health Care Administration geographic service area boundaries pursuant to Section 408.032(5), F.S. and Section 400.497(7), F.S., in which the main office is located. The petitioner sought a variance from this rule. The petitioner requested to serve patients in Manatee County, a geographic area 6 county from their main office located in Sarasota County in geographic service area 8, instead of establishing an office in geographic service area 6.
The Agency denied this request and issued a Final Order on the Petition on February 17, 2009. 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 may be obtained by contacting: Vik Mohan, Assistant General Counsel, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop #3, Tallahassee, Florida 32308,, (850)922 5873.