ATTORNEYS FOR LICENSED PROFESSIONALS
AHCA Licensing & Investigations
At Howell, Buchan & Strong, we defend health care professionals facing licensing issues, investigations, and disciplinary actions. Our experienced attorneys represent clients before Florida’s Board of Medicine and the Department of Health, protecting their right to practice.At Howell, Buchan & Strong, we defend health care professionals facing licensing issues, investigations, and disciplinary actions. Our experienced attorneys represent clients before Florida’s Board of Medicine and the Department of Health, protecting their right to practice.
We have years of experience helping health care providers get and keep their licenses to operate in Florida. Whether you’re dealing with an AHCA investigation, a complaint, or a licensing dispute, we provide the legal expertise needed to safeguard your career.
Let Us Help You:
- Review letters/documentation from AHCA
- Assist with the application process
- Provide advice on how to successfully navigate the system
- Provide advice on challenging a denial
- Argue mitigating circumstances which might lessen the penalties
- Provide advice for dealing with financial viability issues
- Provide representation at formal hearings
- Assist from beginning to end with change of ownership matters
- Provide advice & strategies for missed renewal dates
- Increase your chances of a successful result with AHCA
Initial, Renewal & Change of Ownership License Denials in Florida By the Agency for Health Care Administration
Health care providers wanting to do business in Florida face a mountain of regulations and licensing requirements to operate. There are three types of license applications: Initial (for first-time applicants), Renewal (for existing licensees) and Change of Ownership or CHOW (existing businesses who are about to be sold to a new owner).
Was Your Application for a License Denied?
The Agency for Health Care Administration (AHCA) licenses thousands of health care facilities and entities throughout Florida. Licensure is a legal requirement before you can do business in Florida. The process starts by filing with AHCA an Initial Application if you are seeking a first-time license.
Once AHCA gets your application it is assigned to a Governmental Analyst, who reviews it for completeness. Is there anything missing? In the great majority of cases, the analyst sends the applicant what is known as an “Omission Letter.” The letter gives you a deadline of approximately 21 or 30 days from the date of the letter to provide additional information or supplement your application. Failure to submit information by the deadline is usually fatal and will result in a denial of your application.
Once you receive a letter or document entitled “Notice of Intent to Deny” you should immediately and without delay contact an experienced health care attorney who represents licensees with this issue. We have found that there is a direct correlation between business people who try and handle this on their own (do it yourself or “DIY) and failure to get the license. Every year numerous individuals try to navigate the bureaucratic maze of AHCA thinking they are saving money, only to be ultimately denied the license.
When the Notice of Intent to Deny is issued you only have 21 days to return the Election of Rights (EOR) to AHCA. Here is where the Do It Yourself crowd goes wrong and loses valuable time and costs their business money: The EOR Form is a trap for the unwary. The form is drawn up by AHCA lawyers and depending upon which option you select you may be unwittingly causing yourself to be denied. Many people think choosing the option to “admit” that certain facts are true is the correct course, but oftentimes the Agency uses this admission to expedite your denial. Conversely, some who are uneducated in the legal process of licensing law elect to “deny” the allegations or challenge the Notice of Intent to Deny. The problem here is that AHCA and the Florida Administrative Code have precise requirements for challenging the denial and it’s not enough to simply check the box. You have to file a formal Petition that meets all the specificity requirements of the law. If you don’t, AHCA quickly rejects your challenge and denies the license based on case law.
If you get a Notice of Denial you should immediately and without delay consult and retain an experienced health care attorney.
Was Your Renewal Application Denied?
Existing health care businesses who already have a license need to renew the license with AHCA, usually every two years. A common statement we hear from existing licensees is, “We thought AHCA was going to send us a reminder postcard or letter. We forgot to file our Renewal Application. Now we don’t have a license!” This is a tragedy because everyone should have a calendar marking the date of their renewal or put a sign up in your office so that your management team remembers to send in the application.
If you forget to file a Renewal Application the bad news is that you have no license. If you continue to operate you are not only in violation of the regulatory law but also criminal law. It’s criminal...meaning the owners and operators of the business can potentially be fined, put on probation, or imprisoned.
But it doesn’t have to be this way.
- If you do not file your Renewal Application by the AHCA deadline your license will expire.
- If AHCA investigators visit your business or have reason to believe you are operating you will get a Cease and Desist Letter with the threat of criminal prosecution.
- If you continue to operate you run the risk that AHCA will involve your local sheriff in the problem.
We have experience representing clients who have received from AHCA a notice that their license has expired or a Cease and Desist Letter. If this happens to you, it is our professional judgment that you gather the letter and relevant paperwork and contact an experienced health care attorney to handle your case.
There are options but those options become limited if you do not act quickly.
Was Your Change of Ownership Application (CHOW) Denied?
When you are preparing to sell your health care facility as a business owner, you must file a Change of Ownership application (CHOW).
It's a common misunderstanding that the new owner will apply for a license with AHCA, leaving your license null and void or the seller may wrongly inform the buyer to just file for a renewal of the license in the new owner's name once they take over the business. In both situations, you can be assured that AHCA will deny your license.
In the instance where AHCA rejects your Change of Ownership application, you will receive a Notice of Intent to Deny the License. You have a time deadline to respond.
Many of the problems associated with denial involve situations where:
- AHCA believes your application lacks sufficient proof of financial viability
- The application lacks the number of needed personnel
- Some owners have failed a background check or not had one at all
- The application is missing information
- The application for change of ownership was submitted after the closing date for the sale of the business
However, not all is lost! If you encounter such problems you should immediately and without delay contact an experienced health care attorney. There are certain strategies and methods available and in many situations, it’s not too late to recover from any of these denial scenarios.
Dig deeper into the topic in our blog, Top 5 Change of Ownership Mistakes, to learn how to avoid them.
Lack of Proof of Financial Ability to Operate?
In Florida, health care providers and investors must be careful when applying for an initial license, renewing a license, or filing for a change of ownership with the Agency for Health Care Administration (AHCA). When submitting an application to AHCA, it’s important to focus on:
- Who can be an owner or have a controlling interest in the health care entity?
- Are there any background problems with the principal investors or participants?
- What information must be disclosed on the application?
- What steps must be taken to ensure that a well-prepared Proof of Financial Ability Form (with supporting documentation) is submitted that is acceptable to AHCA?
Real Case Involving Investor History
A recent case, Roberto Marrero v. AHCA is instructive on this issue. Mr. Marrero owned 100% of the stock in Trust Care Health Services, a home health agency in which he purchased shares. The company was required to file a CHOW (Change of Ownership Application) to obtain a new license. Mr. Marrero had previously served as Administrator of All-Med Network Corp., a home health agency, which AHCA had terminated. This company was terminated from Medicare sometime around 2006. Because AHCA determined that the CHOW application did not correctly disclose certain information concerning Mr. Marrero’s prior role in that company, AHCA denied the application. Marrero appealed to the Third District Court of Appeal and argued that although Medicare terminated his former company, he was never personally sanctioned. The Third District Court of Appeal held in favor of AHCA and indicated that the Agency for Health Care Administration did not abuse its discretion.
The Marrero case demonstrates the power of AHCA to deny an application based on officers and/or investors who have previously been affiliated with health care entities that were disqualified from participation in certain governmental programs, namely Medicare and Medicaid. Similarly, other background problems can also disqualify an individual from serving as an officer, investor, or management.
It is also important to retain qualified and experienced consultants to guide you in preparation for the Proof of Financial Ability. It is advisable to choose preferably a Certified Public Accountant (CPA) with experience handling these matters. Remember, the Agency for Health Care Administration has CPAs on staff to try and prove your estimates of financial ability or viability are inaccurate. It’s much more cost-effective to have talented and experienced professionals help you on the front end of the process. Our law firm helps provide the skilled personnel to put your application on the right track!
What Should You Do?
If you find yourself in one of these scenarios it is strongly advised that you seek an experienced attorney. Individuals at AHCA review 1,000s of applications per year and it’s easy to get lost in the shuffle. Put simply, you’re just a number.
We are available for advice, consultation, and representation. If you desire our help we recommend:
1
Gather All Necessary Documentation Related to Your Case. This includes copies of your application, supporting documents, any emails with AHCA officials, letters, and other materials directly related to your efforts to obtain the license.
2
Schedule a Phone Consultation with our office (850-877-7776). The consultation is free and there is no obligation. We will ask that when you call for a free consultation you email the relevant documents to us. This is to allow our experienced health care attorneys to review the documents before the call.
3
Expedite Steps 1 & 2 as quickly as possible. Time is money! Even if you have missed critical AHCA deadlines it’s important to have the problem reviewed promptly. As time passes you lose valuable opportunities to challenge the Agency’s actions or deploy alternative strategies aimed at getting and keeping your license.
Need to discuss a case? Get in Touch!
Contact Us About AHCA Licensing & Investigations850.877.7776
lawyerhelpnow@jsh-pa.com
Locate a local office
Contact the law firm of Howell, Buchan & Strong at 850-877-7776 to set up a FREE no-obligation consultation. Our firm represents physicians, nurses, psychologists, and other licensed professionals like realtors, contractors, accountants and more statewide.
Related Blog Posts
Understanding the Value of Legal Expertise When Navigating the Florida Department of Health
Apr 01, 2025 | John WilsonThere’s value in hiring experts. As a Florida health care professional – or if you have plans to become one – you may face complex legal matters or application delays....
Hanging a Shingle? Things to Keep in Mind When Starting a Solo Practice & AHCA License Exemptions
Nov 26, 2024 | Joseph V. DeFeliceBecoming a licensed medical practice in Florida involves key steps to ensure compliance with state regulations and standards of care. Providers often must thoroughly review the licensing requirements outlined by....
Licensing Board Complaints 101: Defending Licensed Professionals in Florida, Focus on Psychologists
Sep 04, 2024 | Dr. Brian RussellIn the state of Florida, licensed professionals, particularly psychologists, face a unique set of challenges when it comes to maintaining their licensure. While you work hard to provide high-quality care....
Medical Malpractice as Defined for Osteopathic License & How to Respond
Sep 01, 2022 | Jeff HowellThe professional discipline of an Osteopathic physician is different from that of a DO. There is a differenttradition, differences in medical philosophy, and differences in education, all contributing to, from....
Impact of Overprescribing Oxycodone on your Osteopathic Physician’s License
Sep 01, 2022 | Jeff HowellOsteopathic Physicians who used Opioids to treat patient pain must understand what inappropriate prescribing means. It involves, but is not limited to, wrongfully prescribing, underprescribing, overprescribing, or continuing to prescribe....
Read Our Blog
