In Florida, business and professionals licensed by state agencies are subject to rigorous requirements in order to operate. Florida law governs the requirements to get and keep a license. Applicants submit an initial application (or renewal application) and are customarily notified by the state agency if additional information is required. Generally speaking, there are three types of license applications: Initial, Renewal, and Change of Ownership. Failure to provide required information to the Agency for Health Care Administration (AHCA) means you could receive a NOID or Notice of Intent to Deny the application for licensure.
Received a NOID? Know Your Options
What Can Trigger a NOID: The Omission Letter
The Agency for Health Care Administration typically sends what is known as an “omission” letter within 30 days of receipt of an application. The omission letter notifies the applicant that AHCA needs additional information in order to consider the issuance of the license. Typically, some of the items requested by AHCA in an Omission Letter are:
After the Omission Letter is sent to an applicant there are typically two scenarios:
It is at this point that AHCA issues a Notice of Intent to Deny.
Received a NOID? Your Next Step Matters
Notices of Intent to Deny generally have a 21-day deadline to respond to or the decision to deny becomes final.
WARNING: It is important to point out that we encounter individuals, management personnel, and professionals who wrongly, in our opinion, attempt to handle things on their own.
Many incorrectly believe the Notice of Intent to Deny can be remedied in simply writing a response to AHCA or merely filling out the document known as an Election of Rights (EOR) and sending it into the Agency only to be later disappointed when the Agency issues a Final Order denying the license (or license renewal) because the response is deemed insufficient.
Notice of Intent to Deny Response
It is our recommendation that if you receive a Notice of Intent to Deny from Florida’s Agency for Health Care Administration you promptly seek the advice of an experienced health care attorney. Along these lines, we further recommend that you:
At Howell, Buchan & Strong, Attorneys at Law, our attorneys review the Notice of Intent to Deny along with documents submitted by the client to determine a basis for challenging the denial. Generally speaking, we draft a Petition, in conformity with legal requirements, challenging AHCA’s basis for denial along with a completed Election of Rights (EOR) form. This slows down the denial process and allows us the opportunity to communicate with AHCA in an effort to get the application back to the licensing unit so that the license can be issued. While every situation is different we endeavor to work promptly and strategically to put our client’s license application back on course to be issued.
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