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WELLS NURSING HOME v. HEALTH CARE ADMIN.

No. 1D08-4248.

27 So.3d 73 (2009)

W. FRANK WELLS NURSING HOME, Appellant, v. STATE of Florida, AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 4, 2010.

Attorney(s) appearing for the Case

John D. Buchanan, Jr., Laura Beth Faragasso, and Miriam R. Coles of Henry, Buchanan, Hudson, Suber & Carter, P.A., Tallahassee, for Appellant.

Craig H. Smith, General Counsel; Thomas M. Hoeler and Tracy Lee Cooper, Assistant General Counsels, Tallahassee, for Appellee.

ROBERTS, J.

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).

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