The general licensing laws contain standards for licensure application requirements, ownership disclosure, staff background screening, inspections, and administrative sanctions. Each provider type has an authorizing statute that includes unique provisions for licensure beyond the general licensing provisions. In the case of facilities, AHCA will issue a “Notice of Intent to Deny” if the Agency believes there is a basis for denying the application for a license. If AHCA believes that the application is lacking information or details, that if provided might result in the issuance of a license, then the Agency might issue a “Notice of Intent to Deem Application Incomplete.” In either case, there might be a way to remedy the situation.
If an applicant for a professional license is denied by DOH they will receive a “Notice of Intent to Deny” along with notification of the right to appeal the decision.
If your application for a license is denied DOH or AHCA will send a written “Notice of Intent to Deny” and you will be afforded a right to appeal the decision.
Generally, speaking an appeal of a license decision involves selecting one of two: Informal Hearing or Formal Hearing.
Successfully, challenging a decision by either the Agency for Healthcare Administration or Florida Department of Health to deny your license application involves knowledge of the laws and administrative rules applicable to licensing, experience with the administrative process, strategy, as well as familiarity with AHCA, DOH, and/or the professional Boards. In most instances, an experienced health care attorney can help you understand the basis for the denial and map our possible solutions.
We represent applicants who have been denied licenses by AHCA and DOH. We help each client investigate the State’s basis for the denial and work to either challenge the Notice of Intent to Deny or seek a resolution with the State that allows our client a path to getting the license. No two cases are the same and we tailor each case to the client’s specific objectives.
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Howell, Buchan & Strong represents healthcare professionals and facilities.
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