The issues are whether Respondent provided adequate and appropriate care and treatment for Resident No. 80, and whether Respondent implemented a plan of care to treat Resident No. 80’s skin condition. The ultimate issue is whether these two deficiencies should result in a fine being imposed upon Respondent and changing its license to a conditional status.Respondent, a skilled nursing facility, committed two Class III deficiencies and should be fined $1,000 per deficiency since they are isolated incidents related to a single resident.
The issue is whether Respondent, Department of Health, Board of Nursing Home Administrators (the “Department”), was “substantially justified” under section 57.111(3)(e), Florida Statutes,1 in initiating the underlying action against the nursing home administrator license of Petitioner, Sebrina Cameron, N.H.A. (“Petitioner” or “Ms. Cameron”).Petitioner was a prevailing small business party under section 57.111 but Respondent proved that its actions in finding probable cause and issuing the Administrative Complaint were substantially justified.
