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  6. Gerald Lee Pickett
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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06-004139  KENNETH A. DONALDSON vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2006)
Division of Administrative Hearings, Florida Filed: Oct. 24, 2006
The issue is whether Respondent is entitled to the renewal of his license to operate an adult family-care home.Petitioner, the operator of a family-care home, resided in the home, so Respondent could not refuse to renew his license.
06-003731  AGENCY FOR HEALTH CARE ADMINISTRATION vs CASO, INC., D/B/A PARADISE MANOR II  (2006)
Division of Administrative Hearings, Florida Filed: Oct. 02, 2006
The issues are as follows: (a) whether Respondent is guilty of a Class II violation because Respondent failed to discharge a resident who no longer met the criteria for continued residency contrary to Sections 400.426 and 400.428, Florida Statutes (2005), and Florida Administrative Code Rule 58A-5.0181; (b) whether Respondent is guilty of a Class II violation because Respondent transferred a resident’s prescription medication from one storage container to another contrary to Florida Administrative Code Rule 58A-5.0185; and (c) what penalties, if any, should be imposed.Respondent is guilty of two class 2 violations and therefore is subject to an administrative fine in the amount of $2,000, and a survey fee in the amount of $500.
03-001955F  CASA FEBE RETIREMENT HOME, INC., D/B/A HOME IS WHERE THE HEART IS vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2003)
Division of Administrative Hearings, Florida Filed: May 23, 2003
The issue is whether Petitioner is entitled to reasonable attorney's fees and costs (fees and costs), pursuant to Section 57.111, Florida Statutes (2003), as the prevailing party in DOAH Case No. 02-1659.Petitioner is not entitled to additional fees and costs that it omitted from the original award. Additional amounts are barred by res judicata. The statute that increases the award limit does not apply retroactively.
04-003859  AGENCY FOR HEALTH CARE ADMINISTRATION vs TAMPA HEALTH CARE ASSOCIATES, LLC, D/B/A HABANA HEALTH CARE CENTER  (2004)
Division of Administrative Hearings, Florida Filed: Oct. 26, 2004
The issues are whether Respondent is guilty of a class I violation, within the meaning of Subsection 400.23(8)(a), Florida Statutes (2003), for the alleged failure to provide either supervision of residents or assistance devices that were adequate to prevent accidents; whether Petitioner should have changed the status of Respondent's license from Standard to Conditional; whether Petitioner should impose a $10,000 administrative fine and a $6,000 survey fee; and whether Petitioner should place Respondent on an accelerated six-month survey cycle.Enforcement action by Petitioner cannot be used to impose new requirements not in prior non-rule policy stated in previous enforcement action.
04-000748  AGENCY FOR HEALTH CARE ADMINISTRATION vs KENSINGTON MANOR, INC., D/B/A HEARTLAND HEALTH CARE & REHABILITATION CENTER  (2004)
Division of Administrative Hearings, Florida Filed: Mar. 08, 2004
Whether Petitioner should impose a civil penalty in the amount of $2,500 and issue a conditional license for Respondent's alleged violation of 42 CFR § 483.25, adopted by reference in Florida Administrative Code Rule 59A-4.1288 in accordance with Subsection 400.23(8)(b), Florida Statutes (2004).Petitioner failed to prove by a perponderance of the evidence that a Class II deficiency existed.
04-001578  AGENCY FOR HEALTH CARE ADMINISTRATION vs SHADY REST CARE PAVILION, INC., D/B/A SHADY REST CARE PAVILION  (2004)
Division of Administrative Hearings, Florida Filed: Apr. 27, 2004
The issues in the case are whether the allegations set forth in the Administrative Complaint are correct, and, if so, what penalty should be imposed.There was no evidence that inclusion of pain management in the "activity of daily living" plan violated any existing requirement and no evidence that provision of additional medication would have increased physical, mental, or psychosocial well-being.
04-002451  AGENCY FOR HEALTH CARE ADMINISTRATION vs KENSINGTON MANOR, INC., D/B/A KENSINGTON MANOR  (2004)
Division of Administrative Hearings, Florida Filed: Jul. 14, 2004
The issues are whether Respondent committed the violations alleged in the Administrative Complaint concerning three nursing home residents, whether Petitioner should impose a civil penalty of $2,500 for each violation, whether Petitioner should change the status of Respondent's license from standard to conditional, and whether Petitioner should recover investigative costs.Allegations that nursing home staff abused one resident and neglected two others were not supported by a preponderance of evidence.
04-000335  AGENCY FOR HEALTH CARE ADMINISTRATION vs LAKE MARY HEALTH CARE ASSOCIATES, INC., D/B/A LAKE MARY HEALTH & REHABILITATION CENTER  (2004)
Division of Administrative Hearings, Florida Filed: Jan. 28, 2004
The issues are whether Respondent violated regulatory requirements to maintain and to implement a written policy that prohibits the neglect of nursing home residents; whether Petitioner should have changed the status of Respondent's license from Standard to Conditional; and whether Petitioner should fine Respondent $2,500 and recover investigative costs.Factual allegations in the Administrative Complaint, if proven, did not violate requirements to maintain and to implement anti-neglect policy. Petitioner is not guilty of violating requirements based upon allegations in Administrative Complaint.
04-000338  AGENCY FOR HEALTH CARE ADMINISTRATION vs GULF COAST HEALTH CARE ASSOCIATES, LLC, D/B/A SEA BREEZE HEALTH CARE  (2004)
Division of Administrative Hearings, Florida Filed: Jan. 28, 2004
The primary issue for determination is whether Sea Breeze Health Care (Respondent) committed the deficiencies as alleged in the Amended Administrative Complaint dated April 2, 2004, which amended both complaints in the above-styled consolidated cases. Secondary issues include whether Petitioner should have changed the status of Respondent's license from Standard to Conditional for the time period of August 28, 2003 until October 29, 2003; and whether Petitioner should impose administrative fines for alleged deficiencies that are proven to be supported by the evidence.Respondent committed three class two deficiencies and thus imposition of $7,500 in civil penalties and conditional licensure status is appropriate.
04-000334  AGENCY FOR HEALTH CARE ADMINISTRATION vs GULF COAST HEALTH CARE ASSOCIATES, LLC, D/B/A SEA BREEZE HEALTH CARE  (2004)
Division of Administrative Hearings, Florida Filed: Jan. 28, 2004
The primary issue for determination is whether Sea Breeze Health Care (Respondent) committed the deficiencies as alleged in the Amended Administrative Complaint dated April 2, 2004, which amended both complaints in the above-styled consolidated cases. Secondary issues include whether Petitioner should have changed the status of Respondent's license from Standard to Conditional for the time period of August 28, 2003 until October 29, 2003; and whether Petitioner should impose administrative fines for alleged deficiencies that are proven to be supported by the evidence.Respondent committed three class two deficiencies and thus imposition of $7,500 in civil penalties and conditional licensure status is appropriate.

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