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Gerald Lee Pickett
Gerald Lee Pickett
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Bar #559334(FL)     License for 39 years; Member in Good Standing
Lealman FL

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01-004148  SPECIALTY RISK SERVICES vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2001)
Division of Administrative Hearings, Florida Filed: Oct. 24, 2001
The issues are (1) whether the "petition" filed by Debra Roggow, D.O., contesting the notices of disallowance sent to her by Petitioner complied with Section 440.13(7)(a), Florida Statutes; (2) whether Petitioner improperly disallowed payment for the dates of services set forth in the notices of disallowance; and (3) whether Petitioner is obligated to pay the fees of the expert medical advisors utilized by Respondent in conducting its review of Dr. Roggow's "petition."Petitioner properly disallowed payments to osteopathic physician for services which constituted over-utilization under Workers` Compensation law. Petitioner to pay fees of expert medical advisors, except those improperly selected by Agency.
02-000698  EDGEWATER AT WATERMAN VILLAGE vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2002)
Division of Administrative Hearings, Florida Filed: Feb. 15, 2002
The issues are whether Respondent should issue Petitioner a conditional license based on the following citations for violations of Rule 59A-4.1288, Florida Administrative Code: Class II deficiency for failing to provide necessary social services; (b) Class II deficiency for failing to provide assessment, care and services to prevent the development of pressure sores; and (c) Class I deficiency for failing to ensure that residents received thickened liquids pursuant to physician order.Petitioner had no Class I or Class II deficiencies and should not have been issued a conditional license.
02-001297F  BEVERLY HEALTH AND REHABILITATION SERVICES-PALM BAY vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2002)
Division of Administrative Hearings, Florida Filed: Mar. 28, 2002
The issues are whether Petitioner is entitled to recover attorney's fees and costs (fees and costs) pursuant to Section 120.569(2)(e), Florida Statutes (2002); and, if so, what amount of fees and costs is reasonable. (All statutory references are to Florida Statutes (2000)).Party who did not attempt to mitigate fees and costs by providing prompt notice and opportunity to cure pleading allegedly filed for improper purpose is not entitled to fees and costs after hearing.
02-001904  AGENCY FOR HEALTH CARE ADMINISTRATION vs COMMONS AT LUTHERAN TOWERS  (2002)
Division of Administrative Hearings, Florida Filed: May 09, 2002
Whether Petitioner, Agency for Health Care Administration, properly found that Respondent, Commons at Orlando Lutheran Towers, violated the requirements for operating a nursing home contained in 42 C.F.R. Section 483.13(c) and, if such a violation did occur, did Petitioner properly classify it as a Class II deficiency.Agency found Respondent had failed to report "Resident on Resident" abuse; level of deficiency reduces from Class II to Class III; "Standard" license restored.
02-001289  AGENCY FOR HEALTH CARE ADMINISTRATION vs CITY OF MARIANNA, D/B/A MARIANNA CONVALESCENT CENTER  (2002)
Division of Administrative Hearings, Florida Filed: Mar. 29, 2002
The issue to be resolved in this proceeding concerns whether the Petitioner Marianna Convalescent Center's licensure rating should be changed from "Standard" to "Conditional" and whether an administrative fine in the proposed amount of $2500.00 should be imposed upon the Petitioner and its facility, based upon an alleged failure to timely consult with a resident's attending or treating physician when there was an alleged significant change in that resident's physical, mental or psycho-social status, etc.Agency failed to show any harm to patient or that call for physician (for patient with fever) some eight hours after temperature rose was untimely for purpose of statute and rule standards.
02-000037  MARIANNA CONVALESCENT CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2002)
Division of Administrative Hearings, Florida Filed: Jan. 02, 2002
The issue to be resolved in this proceeding concerns whether the Petitioner Marianna Convalescent Center's licensure rating should be changed from "Standard" to "Conditional" and whether an administrative fine in the proposed amount of $2500.00 should be imposed upon the Petitioner and its facility, based upon an alleged failure to timely consult with a resident's attending or treating physician when there was an alleged significant change in that resident's physical, mental or psycho-social status, etc.Agency failed to show any harm to patient or that call for physician (for patient with fever) some eight hours after temperature rose was untimely for purpose of statute and rule standards.
02-001421  AGENCY FOR HEALTH CARE ADMINISTRATION vs DELTA HEALTH GROUP, D/B/A ROSEWOOD MANOR  (2002)
Division of Administrative Hearings, Florida Filed: Apr. 10, 2002
In DOAH Case No. 02-1421, addressing a survey concluded on October 23, 2001, the issue is whether Respondent Delta Health Group, doing business as Rosewood Manor (Rosewood), violated Rule 59A-4.1288, Florida Administrative Code and should be assessed a civil penalty and costs. In DOAH Case Nos. 02-1905 and 02-4040, addressing the survey of January 22 through January 25, 2002, the issue is also whether Rosewood violated Rule 59A-4.1288, Florida Administrative Code. In DOAH Case No. 02-1905, the issue is whether a conditional license should issue. In DOAH Case No. 02-4040, the issue is whether civil penalties and costs should be assessed.AHCA alleged instances of failure to supervise. Evidence demonstrated that no less then 24-hr. observation would suffice and that degree of supervision not required. AHCA alleged facility failed to prevent a pressure sore. No pressure sore was present.
02-000697  PARTHENON HEALTHCARE OF BLOUNTSTOWN vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2002)
Division of Administrative Hearings, Florida Filed: Feb. 15, 2002
Whether Petitioner was deficient in providing service to a resident as cited in the Form 2567 generated from Respondent’s survey on November 11, 2001, and should have been issued a conditional license for the period beginning November 11, 2001, and continuing until substantial compliance was achieved.Agency failed to show violation as alleged in the inspection report in the face of evidence presented by the facility.
02-000671  LAKE PARK OF MADISON vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2002)
Division of Administrative Hearings, Florida Filed: Feb. 15, 2002
Whether Petitioner's nursing home licensure status should be changed from standard to conditional.Evidence did not show failure to notify doctor was in violation of federal regulations and not Class II violation. Licensure status should be standard.
02-000454CON  HCA HEALTH SERVICES OF FLORIDA, INC., D/B/A OAK HILL HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION AND HERNANDO HMA, INC., D/B/A BROOKSVILLE REGIONAL HOSPITAL  (2002)
Division of Administrative Hearings, Florida Filed: Feb. 05, 2002
Whether Certificate of Need (CON) Application Number 9478 filed by Hernando HMA, Inc. (HMA or Hernando HMA), d/b/a Brooksville Regional Hospital (Brooksville Regional) for approval to replace and relocate its existing 91-bed hospital in Hernando County, Agency for Health Care Administration (AHCA) District 3, Subdistrict 6, meets the applicable criteria for approval.Hernando demonstrated need to replace and relocate hospital to site three miles from existing location. Error in project cost in letter of intent is not significant. Applicants (audited) financial statements are required by and submitted to AHCA.

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