Pinellas FL Lawyers | Gerald Lee Pickett -- eLawyers

03-002114 AGENCY FOR HEALTH CARE ADMINISTRATION vs TAMPA HEALTHCARE ASSOCIATES, LLC, D/B/A HABANA HEALTH CARE CENTER (2003)

Division of Administrative Hearings, Florida Filed: Jun. 04, 2003

The issues for determination are whether Petitioner should have changed the status of Respondent's license from standard to conditional; and whether Petitioner should impose administrative fines of $7,500 and recover costs for alleged deficiencies in the care of four residents of a nursing home.Petitioner did not prove that the nursing home failed to provide one resident with adequate tracheal tube care and failed to provide another resident with the necessary treatment to prevent or cure avoidable pressure sores.

03-003320 AGENCY FOR HEALTH CARE ADMINISTRATION vs TAMPA HEALTH CARE ASSOCIATES, LLC., D/B/A HABANA HEALTH CARE CENTER (2003)

Division of Administrative Hearings, Florida Filed: Sep. 16, 2003

The issues for determination are whether Petitioner should have changed the status of Respondent's license from standard to conditional; and whether Petitioner should impose administrative fines of $7,500 and recover costs for alleged deficiencies in the care of four residents of a nursing home.Petitioner did not prove that the nursing home failed to provide one resident with adequate tracheal tube care and failed to provide another resident with the necessary treatment to prevent or cure avoidable pressure sores.

01-004283F HHCI LIMITED PARTNERSHIP, D/B/A HARBORSIDE HEALTHCARE-PINEBROOK, D/B/A HARBORSIDE HEALTHCARE-SARASOTA, D/B/A HARBORSIDE HEALTHCARE-NAPLES vs AGENCY FOR HEALTH CARE ADMINISTRATION (2001)

Division of Administrative Hearings, Florida Filed: Oct. 31, 2001

Whether the Petitioner is entitled to fees and costs pursuant to Section 120.595(4), Florida Statutes.Statutory authority for fees when agency attempts to enforce a non-rule policy.

01-002891CON COLUMBIA HOSPITAL CORPORATION OF SOUTH BROWARD, D/B/A WESTSIDE REGIONAL MEDICAL CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION (2001)

Division of Administrative Hearings, Florida Filed: Jul. 23, 2001

Whether the Certificate of Need application of the South Broward Hospital District (CON 9459) to establish a 100-bed hospital in Health Planning District 10, Broward County, should be granted by the Agency for Health Care Administration?South Broward Hospital District demonstrated "not normal" circumstances and need for establishment of 100-bed acute care hospital in Miramar area of Southwest Broward County.

01-002892CON TCC PARTNERS, INC., D/B/A CLEVELAND CLINIC HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION (2001)

Division of Administrative Hearings, Florida Filed: Jul. 23, 2001

Whether the Certificate of Need application of the South Broward Hospital District (CON 9459) to establish a 100-bed hospital in Health Planning District 10, Broward County, should be granted by the Agency for Health Care Administration?South Broward Hospital District demonstrated "not normal" circumstances and need for establishment of 100-bed acute care hospital in Miramar area of Southwest Broward County.

03-000164 AGENCY FOR HEALTH CARE ADMINISTRATION vs EASTBROOKE HEALTH CARE ASSOCIATES, LLC, D/B/A HERON POINTE HEALTH AND REHABILITATION (2003)

Division of Administrative Hearings, Florida Filed: Jan. 17, 2003

The issues to be resolved in this proceeding concern whether the Respondent violated the statutes and regulations cited in the Second Amended Administrative Complaint and referenced in this Recommended Order at the time of a survey for compliance conducted on October 1 and 2, 2002. If any of the charged violations occurred, it must be determined whether an administrative fine should be imposed, and, if so, in what amount. It must also be determined whether Heron Pointe should be subjected to the imposition of a conditional licensure status as a result of any proven violations.Petitioner failed to prove that latex gloves were "restraints" requiring a doctor`s order, to establish neglect of the resident, and to establish that the facility did not implement a written policy designed to prevent abuse or neglect of the residents.

03-004511 AGENCY FOR HEALTH CARE ADMINISTRATION vs MARINER HEALTH CARE OF TUSKAWILLA, INC., D/B/A MARINER HEALTH CARE OF TUSKAWILLA (2003)

Division of Administrative Hearings, Florida Filed: Dec. 02, 2003

Whether Respondent committed deficient practices as alleged in violation of 42 C.F.R. Section 483.13(b) and 42 C.F.R. Section 483.13(c)(1)(ii), adopted by reference in Florida Administrative Code Rule 59A-4.1288; and if so, whether Petitioner should impose a civil penalty in the amount of $5,000 and issue a conditional license to Respondent.Petitioner failed to prove Respondent committed Class II violations; talking sharply to a hard-of-hearing resident is not abuse nor is proof that a certified nursing assistant humiliated resident; failure to report abuse not proven. Recommend dismissal.

03-001944 AGENCY FOR HEALTH CARE ADMINISTRATION vs SAFE HAVEN INN, D/B/A CARDEN HOUSE (2003)

Division of Administrative Hearings, Florida Filed: May 22, 2003

The issues for determination are: 1) whether Carden House failed to ensure daily observation by staff of a resident at the facility in violation of Florida Administrative Code Rule 58A-5.0182(1)(b); 2) whether Carden House failed to maintain written records of any significant changes in residents' normal appearance or state of health in violation of Florida Administrative Code Rule 58A-5.0182(1)(e); (3) if yes, what penalty should be imposed; and (4) whether Carden House is liable for a complaint survey fee of $400.00.Respondent failed to document changes in residents` health status. Recommend administrative fine of $1,500.

03-002560 AGENCY FOR HEALTH CARE ADMINISTRATION vs GUARDIAN CARE, INC., D/B/A GUARDIAN CARE CONVALESCENT CENTER (2003)

Division of Administrative Hearings, Florida Filed: Jul. 15, 2003

Whether Respondent failed to protect one of the residents of its facility from sexual coercion. Whether Respondent failed to report the alleged violation immediately to the administrator.Respondent failed to prove that the nursing home committed a Class II violation. The alleged victim was not a vulnerable adult and the nursing home was in substantial compliance with reporting requirements. Recommend dismissal.

03-001655 AGENCY FOR HEALTH CARE ADMINISTRATION vs DELTA HEALTH GROUP, INC., D/B/A LONGWOOD HEALTH CARE CENTER (2003)

Division of Administrative Hearings, Florida Filed: May 07, 2003

Whether Respondent, Delta Health Group, Inc., d/b/a Longwood Health Care Center, violated Sections 400.215 and 435.05, Florida Statutes; and whether the violations warrant the imposition of a conditional licensure rating and $2,000 fine.Respondent nursing home failed to properly conduct a background screening of the employee. This is a patterned, Class III, deficiency.

Gerald Lee Pickett