Leon FL Lawyers | R Bruce McKibben -- eLawyers

99-003723 DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs JOHN CHRISTOPHER CHAUVIN, M.D. (1999)

Division of Administrative Hearings, Florida Filed: Sep. 01, 1999

Whether disciplinary action should be taken against Respondent's license to practice medicine, based on alleged violation of Section 458.331(1)(t), Florida Statutes.Evidence showed Respondent treated and properly tested patient`s epigastric and chest pains, but failed in not admitting patient to hospital when heart seizure could not be ruled out. Therefore, violated standard of care on appropriate time to admit.

00-002927PL DEPARTMENT OF HEALTH, BOARD OF NURSING HOME ADMINISTRATORS vs EUGENIA DEPONTE (2000)

Division of Administrative Hearings, Florida Filed: Jul. 17, 2000

Whether the Respondent committed the violations alleged in the Administrative Complaint dated May 28, 2000, and, if so, the penalty that should be imposed.Agency failed to prove nursing home administrator was negligent, incompetent, or engaged in misconduct with respect to deficiencies cited in survey report. Agency did not present evidence to establish standard of care; complaint dismissed.

01-001991 LIFE CARE CENTER OF SARASOTA vs AGENCY FOR HEALTH CARE ADMINISTRATION (2001)

Division of Administrative Hearings, Florida Filed: May 21, 2001

The issue in the case is whether the Petitioner’s application for renewal of nursing home licensure should be approved.Agency denial of license based on failure to submit bond is reasonable.

02-001290 CLEWISTON INVESTMENTS AND ASSOCIATES, LLC, D/B/A GRACE HEALTHCARE OF CLEWISTON vs AGENCY FOR HEALTH CARE ADMINISTRATION (2002)

Division of Administrative Hearings, Florida Filed: Mar. 29, 2002

Should Petitioner's license rating have been changed from "Standard" to "Conditional" based on the allegation that Petitioner failed to properly monitor a resident with bilateral edema of the lower and upper extremities?Agency failed to establish facts to show that the facility`s treatment of the resident compromised his ability to reach his highest practicable physical, mental, and psychological well-being.

01-003148 AGENCY FOR HEALTH CARE ADMINISTRATION vs LIFE CARE CENTER OF PORT SAINT LUCIE (2001)

Division of Administrative Hearings, Florida Filed: Aug. 13, 2001

DOAH Case No. 01-3148: Whether the Respondent's licensure status should be reduced from standard to conditional. DOAH Case No. 01-4649: Whether the Respondent committed the violations alleged in the Administrative Complaint dated October 15, 2001, and, if so, the penalty that should be imposed.Agency proved by clear and convincing evidence that Life Care failed to provide proper care and supervision to resident, resulting in fall that caused injuries; established two Class II violations; conditional license sustained, $5,000 fine recommended.

01-004649 AGENCY FOR HEALTH CARE ADMINISTRATION vs LIFE CARE CENTERS OF AMERICA, INC., D/B/A LIFE CARE CENTER OF PORT SAINT LUCIE (2001)

Division of Administrative Hearings, Florida Filed: Dec. 05, 2001

DOAH Case No. 01-3148: Whether the Respondent's licensure status should be reduced from standard to conditional. DOAH Case No. 01-4649: Whether the Respondent committed the violations alleged in the Administrative Complaint dated October 15, 2001, and, if so, the penalty that should be imposed.Agency proved by clear and convincing evidence that Life Care failed to provide proper care and supervision to resident, resulting in fall that caused injuries; established two Class II violations; conditional license sustained, $5,000 fine recommended.

00-003838 HYACINTH`S FAMILY CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION (2000)

Division of Administrative Hearings, Florida Filed: Sep. 14, 2000

The issue for consideration in this hearing is whether Petitioner, Hyacinth Wallace, should be issued a renewal license for Hyacinth's Family Center, an assisted living facility operated at 7965 Murcott Center, Orlando, Florida.Evidence of denial of re-licensing for cause at another facility owned by Petitioner is sufficient under the statute to deny re-licensure at instant facility owned by Petitioner.

00-002749 CIMERRON PROPERTIES, INC., AND ROBERT W. HAGAN vs AGENCY FOR HEALTH CARE ADMINISTRATION (2000)

Division of Administrative Hearings, Florida Filed: Jul. 03, 2000

Whether Petitioners' application for nursing home license renewal and for change of ownership was properly denied.After a nursing home voluntarily discontinues operation, its license is canceled and cannot be transferred or renewed by an entity or person who subsequently purchases the real property which housed the facility.

97-005414CON LIFE CARE HEALTH RESOURCES, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION AND NATIONAL HEALTHCARE, L.P. (1997)

Division of Administrative Hearings, Florida Filed: Nov. 20, 1997

Which Certificate of Need (CON) application for a new 120- bed community nursing home in Agency for Health Care Administration, Nursing Home District 1, Subdistrict 1, should be granted: Life Care Health Resources, Inc. (CON No. 8802) or National HealthCare L.P. (CON No. 8799).Agency for Health Care Administration correctly determined that NHC`s application was superior; Protective Payment Systems evidence was admissible as a changed circumstance.

97-005432CON BEVERLY ENTERPRISES-FLORIDA, INC., D/B/A BEVERLY GULF COAST-FLORIDA, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION; REGENTS PARK, INC.; AND WHITEHALL BOCA, AN ILLINOIS LIMITED PARTNERSHIP (1997)

Division of Administrative Hearings, Florida Filed: Nov. 20, 1997

Which, if any, of the proposals of the co-batched applicants meet the criteria for the issuance of certificate(s) of need in response to the projected need for 168 additional community nursing home beds in Palm Beach County, for the year 2000 planning horizon.Letter of Intent rule at time of hearing applies; financial unfeasibility disqualifies applicants; costs, location, services and quality of care (superior licenses) determinative of most qualified Certificate of Need.

R Bruce McKibben