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01-003143 AGENCY FOR HEALTH CARE ADMINISTRATION vs BEVERLY HEALTHCARE LAKE MARY (2001)

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

The issue in this case is whether Respondent committed the allegations in the notice of intent to assign a conditional license and, if so, whether Petitioner should have changed the rating of Respondent's license from standard to conditional from June 13, 2001, through July 11, 2001.Agency failed to show alleged deficiencies and should not have changed facility`s license from Standard to Conditional.

01-001982 AGENCY FOR HEALTH CARE ADMINISTRATION vs BEVERLY HEALTHCARE ROSEMONT (2001)

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

Whether Respondent, Beverly Healthcare Rosemont, was in violation of 42 C.F.R. Section 483, Chapter 400, Florida Statutes, and Rule 59A-4, Florida Administrative Code, at the time of its annual survey from January 22 through 25, 2001, and, if so, whether those violations were uncorrected at the time of the follow-up survey on March 1, 2001, in order to justify the issuance of a Conditional License from March 1, 2001 until April 4, 2001.Nursing home failed to correct Class III deficiency; Conditional License appropriate.

01-001983 PLANTATION BAY REHABILITATION CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION (2001)

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

Whether Respondent should be issued a Conditional rating from March 15, 2001, to June 11, 2001, based on surveys completed on March 15, 2001, and April 19, 2001.Nursing home had Class II deficiency with Tag F309 and uncorrected Class III deficiency with Tag F332. Recommend Conditional license from March 15, 2001 through June 11, 2001.

00-002606 AGENCY FOR HEALTH CARE ADMINISTRATION vs HERITAGE HEALTH CARE CENTER, VENICE (2000)

Division of Administrative Hearings, Florida Filed: Jun. 26, 2000

The issue in this case is whether Respondent committed the allegations in the notice of intent to assign a conditional license and, if so, whether Petitioner should have changed the rating of Respondent's license from standard to conditional for the period March 9 through April 11, 2000.Agency did not show that nursing home failed to: adequately hydrate three residents; properly diagnose them; or develop appropriate care plans.

00-004035 WASHINGTON MANOR NURSING AND REHABILITATION CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION (2000)

Division of Administrative Hearings, Florida Filed: Sep. 28, 2000

The issues are whether a licensed nursing home violated the provisions of Title 42, Code of Federal Regulations, Section 483.70(h) and, if so, whether the relative severity of the deficiency warrants the assignment of a conditional licensure status and the levying of a $10,000 civil penalty.The Agency failed to prove that a nursing home, charged with a deficiency relating to its alleged failure to protect a resident from an indoor fire ant attack, should be issued a conditional license or assessed a civil penalty.

00-004735 AGENCY FOR HEALTH CARE ADMINISTRATION vs BEVERLY ENTERPRISES - FLORIDA, INC., D/B/A BEVERLY GULF COAST - FLORIDA, INC., D/B/A WASHINGTON MANOR NURSING & REHABILITATION CENTER (2000)

Division of Administrative Hearings, Florida Filed: Nov. 21, 2000

The issues are whether a licensed nursing home violated the provisions of Title 42, Code of Federal Regulations, Section 483.70(h) and, if so, whether the relative severity of the deficiency warrants the assignment of a conditional licensure status and the levying of a $10,000 civil penalty.The Agency failed to prove that a nursing home, charged with a deficiency relating to its alleged failure to protect a resident from an indoor fire ant attack, should be issued a conditional license or assessed a civil penalty.

00-003497 AGENCY FOR HEALTH CARE ADMINISTRATION vs BEVERLY HEALTHCARE - LAKELAND (2000)

Division of Administrative Hearings, Florida Filed: Aug. 21, 2000

The issues for consideration in these cases are: as to Case Number 00-3497, whether the Agency for Health Care Administration should impose an administrative fine against the Respondent's license to operate Beverly Savana Cay Manor, a nursing home in Lakeland; and, as to Case Number 00-2465, whether the Agency should issue a conditional license to the Respondent's facility effective April 28, 2000.Evidence of record sufficient to show inadequate staffing and a failure to provide appropriate supervision and assistive devices.

00-002465 AGENCY FOR HEALTH CARE ADMINISTRATION vs BEVERLY SAVANA CAY MANOR, INC., D/B/A BEVERLY HEALTHCARE LAKELAND (2000)

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

The issues for consideration in these cases are: as to Case Number 00-3497, whether the Agency for Health Care Administration should impose an administrative fine against the Respondent's license to operate Beverly Savana Cay Manor, a nursing home in Lakeland; and, as to Case Number 00-2465, whether the Agency should issue a conditional license to the Respondent's facility effective April 28, 2000.Evidence of record sufficient to show inadequate staffing and a failure to provide appropriate supervision and assistive devices.

00-003555 AGENCY FOR HEALTH CARE ADMINISTRATION vs CYPRESS MANOR (2000)

Division of Administrative Hearings, Florida Filed: Aug. 30, 2000

The issue for consideration in this case is whether Respondent's facility located at 7173 Cypress Drive, Southwest in Ft. Myers, Florida should be issued a conditional or standard license effective July 18, 2000.Agency failed to show justification for award of conditional rating by a preponderance of the evidence.

99-000516 HAVERHILL CARE CENTER (BEVERLY ENTERPRISES-FLORIDA, INC., D/B/A BEVERLY GULF COAST-FLORIDA) vs AGENCY FOR HEALTH CARE ADMINISTRATION (1999)

Division of Administrative Hearings, Florida Filed: Feb. 03, 1999

Whether Respondent, Agency for Health Care Administration (Agency) should have issued Petitioner, Haverhill Care Center and Beverly Health Care West Palm Beach, Beverly Enterprises-Florida, Inc., d/b/a Beverly Gulf-Coast Florida (Haverhill), a conditional license for the periods October 14, 1998, through January 3, 1999, and December 8, 1999, through February 9, 2000.Nursing home failed to closely monitor resident and to develop care plan to address elopement for resident who left facility. Nursing home failed to adequately turn and position resident with pressure sores.

Ryan R. Davis