Hernando FL Lawyers | Eileen O'Hara Garcia -- eLawyers

02-004677 AGENCY FOR HEALTH CARE ADMINISTRATION vs PERSONACARE OF ST. PETERSBURG, INC., D/B/A THE ABBEY REHABILITATION AND NURSING CENTER (2002)

Division of Administrative Hearings, Florida Filed: Dec. 03, 2002

The issues for determination are whether allegations of the two four-count Administrative Complaints filed by Petitioner against Respondent are correct, and, if so, what penalty is appropriate.Respondent guilty of four counts of staff negligence in the death of a 23-year-old patient. Recommended fine of $43,500.

02-004678 AGENCY FOR HEALTH CARE ADMINISTRATION vs PERSONACARE OF ST. PETERSBURG, INC., D/B/A THE ABBEY REHABILITATION AND NURSING CENTER (2002)

Division of Administrative Hearings, Florida Filed: Dec. 03, 2002

The issues for determination are whether allegations of the two four-count Administrative Complaints filed by Petitioner against Respondent are correct, and, if so, what penalty is appropriate.Respondent guilty of four counts of staff negligence in the death of a 23-year-old patient. Recommended fine of $43,500.

02-004160 AGENCY FOR HEALTH CARE ADMINISTRATION vs THE CHRISTIAN AND MISSONARY ALLIANCE FOUNDATION, INC., D/B/A SHELL POINT NURSING PAVILION (2002)

Division of Administrative Hearings, Florida Filed: Oct. 22, 2002

DOAH Case No. 02-4161: Whether Respondent's licensure status should be reduced from standard to conditional. DOAH Case No. 02-4160: Whether Respondent committed the violations alleged in the Administrative Complaint dated August 29, 2002, and, if so, the penalty that should be imposed.Agency established by clear and convincing evidence that the cited deficiency occurred, as Shell Point knew of resident`s aggressive behavior. Recommend maintaining conditional licensure status and imposing a fine of $2,500.

02-004161 AGENCY FOR HEALTH CARE ADMINISTRATION vs THE CHRISTIAN AND MISSONARY ALLIANCE FOUNDATION, INC., D/B/A SHELL POINT NURSING PAVILION (2002)

Division of Administrative Hearings, Florida Filed: Oct. 22, 2002

DOAH Case No. 02-4161: Whether Respondent's licensure status should be reduced from standard to conditional. DOAH Case No. 02-4160: Whether Respondent committed the violations alleged in the Administrative Complaint dated August 29, 2002, and, if so, the penalty that should be imposed.Agency established by clear and convincing evidence that the cited deficiency occurred, as Shell Point knew of resident`s aggressive behavior. Recommend maintaining conditional licensure status and imposing a fine of $2,500.

02-004416 AGENCY FOR HEALTH CARE ADMINISTRATION vs KINDRED NURSING CENTERS EAST, LLC, D/B/A CARROLLWOOD CARE CENTER (2002)

Division of Administrative Hearings, Florida Filed: Nov. 14, 2002

The issues for determination are: (1) whether the deficiency alleged as a result of a Complaint Survey conducted on June 18, 2002, is appropriately classified as a Class I deficiency; (2) whether a fine in the amount of $10,000 is appropriate; (3) whether the "Conditional" licensure status, issued October 29, 2002, is warranted; and (4) whether the alleged violation constitutes grounds for a six-month survey requirement and $6,000 survey fee.AHCA`s complaint, alleged lack of adequate supervision - Class I, failed to prove use of bedside rails in violation of any standard; death of resident accident; Administrative Complaint dismissed.

02-004417 AGENCY FOR HEALTH CARE ADMINISTRATION vs KINDRED NURSING CENTERS EAST, LLC, D/B/A CARROLLWOOD CARE CENTER (2002)

Division of Administrative Hearings, Florida Filed: Nov. 14, 2002

The issues for determination are: (1) whether the deficiency alleged as a result of a Complaint Survey conducted on June 18, 2002, is appropriately classified as a Class I deficiency; (2) whether a fine in the amount of $10,000 is appropriate; (3) whether the "Conditional" licensure status, issued October 29, 2002, is warranted; and (4) whether the alleged violation constitutes grounds for a six-month survey requirement and $6,000 survey fee.AHCA`s complaint, alleged lack of adequate supervision - Class I, failed to prove use of bedside rails in violation of any standard; death of resident accident; Administrative Complaint dismissed.

01-004214 OAKLAND MANOR vs AGENCY FOR HEALTH CARE ADMINISTRATION (2001)

Division of Administrative Hearings, Florida Filed: Oct. 26, 2001

The issue in this case is whether the Agency for Health Care Administration should deny Petitioner's application for renewal of its standard assisted living facility license with a limited mental health component.Where Agency proved only two uncorrected deficiencies, a Class II and a Class III violation, and one repeated Class III violation, recommend renewal of assisted living facility license.

02-001099 AGENCY FOR HEALTH CARE ADMINISTRATION vs BEVERLY ENTERPRISES, INC., FLORIDA, D/B/A VISTA MANOR AND VISTA MANOR HEALTH CARE ASSOCIATES, LLC (2002)

Division of Administrative Hearings, Florida Filed: Mar. 19, 2002

Whether Vista Manor should have been issued a Conditional license on November 7, 2001, for the alleged failure to provide services and equipment necessary to avoid physical harm to a resident.Single incident, where resident fell and fractured his legs while being moved from his wheelchair to his bed, is insufficient to prove neglect, when policies and procedures were being followed by nursing home.

02-001292 AGENCY FOR HEALTH CARE ADMINISTRATION vs CARPENTER`S HOME MANOR (2002)

Division of Administrative Hearings, Florida Filed: Mar. 29, 2002

The issue for consideration is whether Respondent, Carpenter's Home Manor, should be given a "Conditional" or "Standard" license effective January 24, 2002.Petitioner failed to prove Class II deficiency meriting a conditional license as a result of a single incident.

01-004490 AGENCY FOR HEALTH CARE ADMINISTRATION vs FREEDOM VILLAGE OF SUN CITY CENTER LTD., D/B/A PLAZA WEST (2001)

Division of Administrative Hearings, Florida Filed: Nov. 19, 2001

The issue in Case No. 01-3068 is whether the licensure status of Petitioner, Plaza West, should have been changed from standard to conditional, effective May 15, 2002. The issue in Case No. 01-4490 is whether Respondent, Plaza West, committed the violations alleged in the Amended Administrative Complaint dated October 23, 2001, and, if so, what penalty should be imposed.Agency failed to prove that facility improperly stored potentially hazardous foods and leftovers.

Eileen O'Hara Garcia