Orange FL Lawyers | Karen L Goldsmith -- eLawyers

04-000524 AGENCY FOR HEALTH CARE ADMINISTRATION vs HEBREW HOME OF SOUTH BEACH, INC., D/B/A HEBREW HOME OF SOUTH BEACH (2004)

Division of Administrative Hearings, Florida Filed: Feb. 12, 2004

Whether Respondent, a nursing home, committed the violation alleged in the one-count Administrative Complaint and, if so, the penalty that should be imposed.Respondent failed to take adequate precautions to prevent a resident`s second elopement, a class II deficiency.

04-000528 AGENCY FOR HEALTH CARE ADMINISTRATION vs EMERALD POINTE MEDICAL, INC., D/B/A EMERALD POINTE (2004)

Division of Administrative Hearings, Florida Filed: Feb. 12, 2004

Whether the Agency should levy a $6,000 fine on the Respondent.Petitioner`s case, which seeks to show that Respondent failed to maintain a safe environment, failed to show that the second accident was predictable.

03-001549 AGENCY FOR HEALTH CARE ADMINISTRATION vs WESLEY MANOR, INC., D/B/A WESTMINSTER WOODS ON JULINGTON CREEK (2003)

Division of Administrative Hearings, Florida Filed: Apr. 30, 2003

Whether Petitioner Agency for Health Care Administration properly assigned conditional license status to Respondent, Westminster Woods on Julington Creek, based upon its determination that Respondent had violated Florida Administrative Code, Rule 59A-4.130, and 42 CFR Section 483.70 via Florida Administrative Code Rule 59A-4.1288, due to the presence of two wide-spread Class I deficiencies cited at the most recent annual licensure survey of January 27-29, 2003. Whether Petitioner Agency for Health Care Administration properly assessed a $30,000.00 fine against Respondent for violating 42 CFR Section 483.70 via Florida Administrative Code Rule 59A-4.1288, as well as Florida Administrative Code Rule 59A-4.130, due to the presence of two wide-spread Class I deficiencies at the most recent annual survey on January 27-29, 2003. Whether the Agency for Health Care Administration is entitled to $6,000.00 in costs related to the investigation and prosecution of this case(s), pursuant to Section 400.121(10), Florida Statutes.National Fire Protection Agency`s Fire Safety codes are discussed in relation to federal and state authority and rule adoptions. The necessity of notice pleading but less than explicit pleading is involved. State and federal authority are distinguished.

03-002568 AGENCY FOR HEALTH CARE ADMINISTRATION vs WESLEY MANOR, INC., D/B/A WESTMINSTER WOODS ON JULINGTON CREEK (2003)

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

Whether Petitioner Agency for Health Care Administration properly assigned conditional license status to Respondent, Westminster Woods on Julington Creek, based upon its determination that Respondent had violated Florida Administrative Code, Rule 59A-4.130, and 42 CFR Section 483.70 via Florida Administrative Code Rule 59A-4.1288, due to the presence of two wide-spread Class I deficiencies cited at the most recent annual licensure survey of January 27-29, 2003. Whether Petitioner Agency for Health Care Administration properly assessed a $30,000.00 fine against Respondent for violating 42 CFR Section 483.70 via Florida Administrative Code Rule 59A-4.1288, as well as Florida Administrative Code Rule 59A-4.130, due to the presence of two wide-spread Class I deficiencies at the most recent annual survey on January 27-29, 2003. Whether the Agency for Health Care Administration is entitled to $6,000.00 in costs related to the investigation and prosecution of this case(s), pursuant to Section 400.121(10), Florida Statutes.National Fire Protection Agency`s Fire Safety codes are discussed in relation to federal and state authority and rule adoptions. The necessity of notice pleading but less than explicit pleading is involved. State and federal authority are distinguished.

02-001638 AGENCY FOR HEALTH CARE ADMINISTRATION vs WESTMINSTER COMMUNITY CARE SERVICES, INC., D/B/A WESTMINSTER CARE OF ORLANDO (2002)

Division of Administrative Hearings, Florida Filed: Apr. 24, 2002

The issue in these cases is whether Respondent failed to provide appropriate emergency care for a nursing home resident in respiratory distress in violation of 42 Code of Federal Regulation (CFR) Section 483.25 and Florida Administrative Code Rule 59A-4.1288. (All references to rules are to rules promulgated in the Florida Administrative Code in effect as of the date of this Recommended Order.)Facility did not fail to provide respiratory care to patient who pulled out trach tube when facility nurse restored airway but did not provide CPR before EMT arrived on scene.

02-004795 THE MOORINGS, INC., D/B/A THE CHATEAU AT MOORINGS PARK vs AGENCY FOR HEALTH CARE ADMINISTRATION (2002)

Division of Administrative Hearings, Florida Filed: Dec. 13, 2002

DOAH Case No. 02-4795: Whether the licensure status of The Moorings, Inc., d/b/a The Chateau at Moorings Park ("The Chateau") should be reduced from standard to conditional for the period from July 18, 2002, to August 21, 2002. DOAH Case No. 02-4796: Whether The Moorings committed the violations alleged in the Administrative Complaint dated November 12, 2002, and, if so, the penalty that should be imposed.Agency demonstrated that facility committed one Class I violation, where failure to supervise in accordance with care plan led directly to resident`s injurious fall. Conditional licensure and $2,500 fine recommended.

02-004796 AGENCY FOR HEALTH CARE ADMINISTRATION vs THE MOORINGS, INC., D/B/A THE CHATEAU AT MOORINGS PARK (2002)

Division of Administrative Hearings, Florida Filed: Dec. 13, 2002

DOAH Case No. 02-4795: Whether the licensure status of The Moorings, Inc., d/b/a The Chateau at Moorings Park ("The Chateau") should be reduced from standard to conditional for the period from July 18, 2002, to August 21, 2002. DOAH Case No. 02-4796: Whether The Moorings committed the violations alleged in the Administrative Complaint dated November 12, 2002, and, if so, the penalty that should be imposed.Agency demonstrated that facility committed one Class I violation, where failure to supervise in accordance with care plan led directly to resident`s injurioius fall. Conditional licensure and $2,500 fine recommended.

02-003254 AGENCY FOR HEALTH CARE ADMINISTRATION vs AVANTE AT LEESBURG, INC., D/B/A AVANTE AT LEESBURG (2002)

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

Whether Respondent committed the violations alleged in the Administrative Complaints and, if so, what penalty should be imposed.Agency did not meet its burden of proof in that it did not prove that a Class III deficiency was not corrected within the time frame established by the agency. Recommend dismissal of Administrative Complaint.

02-003255 AGENCY FOR HEALTH CARE ADMINISTRATION vs AVANTE AT LEESBURG, INC., D/B/A AVANTE AT LEESBURG (2002)

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

Whether Respondent committed the violations alleged in the Administrative Complaints and, if so, what penalty should be imposed.Agency did not meet its burden of proof in that it did not prove that a Class III deficiency was not corrected within the time frame established by the agency. Recommend dismissal of Administrative Complaint.

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.

Karen L Goldsmith