Broward FL and Health care Lawyers | Lori Coreen Desnick -- eLawyers

06-004755 AGENCY FOR HEALTH CARE ADMINISTRATION vs HEALTH CARE DISTRICT OF PALM BEACH COUNTY, D/B/A EDWARD J. HEALEY REHABILITATION AND NURSING CENTER (2006)

Division of Administrative Hearings, Florida Filed: Nov. 20, 2006

The issue for determination is whether Respondent committed the offense set forth in the Administrative Complaint and, if so, what action should be taken.Petitioner failed to demonstrate that Respondent had committed an isolated Class II deficiency. Recommend that the Administrative Complaint be dismissed and that Respondent be issued a standard license.

04-001065 AGENCY FOR HEALTH CARE ADMINISTRATION vs LAKE LADY LLC, D/B/A LADY LAKE SPECIALTY CARE CENTER (2004)

Division of Administrative Hearings, Florida Filed: Mar. 26, 2004

In DOAH Case No. 04-0025, the issue is whether the Agency for Health Care Administrative (AHCA) correctly assigned conditional licensure status to Lady Lake NH, L.L.C., d/b/a/ Lady Lake Specialty Care Center (Lady Lake) for the period of August 26, 2003, through October 3, 2003. In DOAH Case No. 04- 1065, the issues are as follows: (a) whether Lady Lake committed a violation of 42 C.F.R. Section 483.25, as it relates to care of patients with or who develop pressure sores; (b) whether Lady Lake committed a violation of 42 C.F.R. Section 483.75, as it relates to clinical records; and (c) if so, what, if any, penalty should be imposed.Respondent provided appropriate care and treatment for a resident`s pre-existing pressure sore and properly maintained his medical records.

03-000337CON UNIVERSITY COMMUNITY HOSPITAL, INC., D/B/A UNIVERSITY COMMUNITY HOSPITAL AND UNIVERSITY COMMUNITY HOSPITAL, INC., D/B/A UNIVERSITY COMMUNITY HOSPITAL AT CARROLLWOOD vs AGENCY FOR HEALTH CARE ADMINISTRATION AND ST. JOSEPH`S HOSPITAL, INC., D/B/A ST. JOSEPH`S HOSPITAL (2003)

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

Whether the Certificate of Need (CON) Application No. 9610, filed by St. Joseph's Hospital to establish a new 76-bed acute care satellite hospital in Hillsborough County, through the transfer of 76 acute care beds from the existing St. Joseph's Hospital, should be approved.Respondent, St. Joseph`s Hospital, sufficiently proved that its proposed new 76-bed satellite hospital should be approved.

03-000338CON FLORIDA HEALTH SCIENCES CENTER, INC., D/B/A TAMPA GENERAL HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION AND ST. JOSEPH`S HOSPITAL, INC., D/B/A ST. JOSEPH`S HOSPITAL (2003)

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

Whether the Certificate of Need (CON) Application No. 9610, filed by St. Joseph's Hospital to establish a new 76-bed acute care satellite hospital in Hillsborough County, through the transfer of 76 acute care beds from the existing St. Joseph's Hospital, should be approved.Respondent, St. Joseph`s Hospital, sufficiently proved that its proposed new 76-bed satellite hospital should be approved.

01-002257PL DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs MIODRAG VISACKI, LMT (2001)

Division of Administrative Hearings, Florida Filed: Jun. 07, 2001

The issues in this case are whether Respondent violated Section 480.0485, Florida Statutes, and Rule 64B7-26.010(1) and (3), Florida Administrative Code, by engaging in sexual misconduct with a massage client, and thereby violated Section 480.046(1(k), Florida Statutes; and, if yes, what penalty should be imposed on his license to practice massage therapy.Respondent`s actions constitute sexual misconduct, which is prohibited by governing statute and rule, and is outside the scope of massage therapy practice. Recommend revocation of massage therapy license and imposition of $1,000 fine.

02-001442 EXCELLENCE MEDICAL LABORATORY, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (2002)

Division of Administrative Hearings, Florida Filed: Apr. 11, 2002

The issue in this case is whether Petitioner is entitled to renewal of its clinical laboratory license, where Respondent has alleged that Petitioner not only is incompetent but also failed timely to correct identified deficiencies.Evidence presented failed to prove, clearly and convincingly, that licensed clinical laboratory was not entitled to the renewal of its license.

02-001905 AGENCY FOR HEALTH CARE ADMINISTRATION vs DELTA HEALTH GROUP, D/B/A ROSEWOOD MANOR (2002)

Division of Administrative Hearings, Florida Filed: May 09, 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.

02-004040 AGENCY FOR HEALTH CARE ADMINISTRATION vs DELTA HEALTH GROUP, INC., D/B/A ROSEWOOD MANOR (2002)

Division of Administrative Hearings, Florida Filed: Oct. 17, 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.

02-001421 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.

02-000683 AGENCY FOR HEALTH CARE ADMINISTRATION vs HALLANDALE REHABILITATION CENTER (2002)

Division of Administrative Hearings, Florida Filed: Feb. 15, 2002

The issues are whether Respondent's operation of its nursing home was deficient and, if so, whether Petitioner should have imposed an already-lifted admissions moratorium, pursuant to Section 400.121(5)(a), Florida Statutes; and should impose a conditional license, pursuant to Section 400.23(7)(b), Florida Statutes; administrative fines of $95,000, pursuant to Section 400.19(8), Florida Statutes; a survey fee of $6000, pursuant to Section 400.19(3), Florida Statutes; and costs, pursuant to Section 400.121(10), Florida Statutes.$7500 fine (doubled due to Class II violation within prior year) for three isolated Class II deficiencies; costs; downgrade of license to conditional; and sustaining of eight-day admissions moratorium.

Lori Coreen Desnick