W. Frank Wells Nursing Home v. State, Agency for Health Care Administration

The appellant, W. Frank Wells Nursing Home, seeks review of the Florida Agency for Health Care Administration’s order of dismissal with prejudice. The appellant contends that the Agency inappropriately applied the Agrico standing test to its request for an administrative hearing as a directly named party. We agree and direct the Agency to hold an administrative hearing pursuant to section 120.57, Florida Statutes (2006).

The dispute underlying this appeal began in September 8, 2006, when the Agency mailed the appellant a statement of deficiencies for noncompliance with section 400.0255,…