Hillsborough FL Administrative law, Health care and Litigati -- eLawyers

17-002710 HAILES BOARDING HOME vs AGENCY FOR HEALTH CARE ADMINISTRATION (2017)

Division of Administrative Hearings, Florida Filed: May 10, 2017

The issue presented is whether Petitioner’s application for renewal of its assisted living facility (ALF) license, located in Tampa, Florida, should be approved or denied.Petitioner submitted a change of ownership application instead of a renewal application, then failed to submit a renewal application; recommended denial of renewal application.

14-001972PL DEPARTMENT OF HEALTH, BOARD OF NURSING vs ZAUHER KARIM, C.N.A. (2014)

Division of Administrative Hearings, Florida Filed: Apr. 29, 2014

The issue in this case is whether the allegations set forth in the Administrative Complaint filed by Petitioner, Department of Health, Board of Nursing, against Respondent, Zauher Karim, C.N.A., are correct, and, if so, what penalty should be imposed.Respondent exceeded the permitted scope of practice for a certified nursing assistant; made false and misleading representations; and held himself out as a medical doctor without being licensed as an M.D. His C.N.A. license should be revoked.

12-002188 WATER'S EDGE EXTENDED CARE vs AGENCY FOR HEALTH CARE ADMINISTRATION (2012)

Division of Administrative Hearings, Florida Filed: Jun. 21, 2012

Whether Petitioner violated section 400.0255, Florida Statutes, by improperly discharging or transferring a resident such that Respondent correctly issued a Statement of Deficiencies against Petitioner.Agency improperly issued a Statement of Deficiencies, as Petitioner had not violated Section 400.0255, Florida Statutes (2012).

11-004379 AGENCY FOR HEALTH CARE ADMINISTRATION vs GREENBRIAR NH, LLC D/B/A GREENBRIAR REHABILITATION AND NURSING CENTER (2011)

Division of Administrative Hearings, Florida Filed: Aug. 25, 2011

Whether Respondent violated sections 408.809(1)(e), Florida Statutes (2010),1/ and Florida Administrative Code Rule 59A- 4.106(2) and (4)(x), as alleged in the Administrative Complaint (AC);2/ and whether the violations, if found, warrant the imposition of a conditional licensure rating and a $2,500.00 fine under section 400.23(7)(a) and (8)(b), Florida Statutes.Petitioner failed to establish the allegations in the Administrative Complaint.

11-004457 AGENCY FOR HEALTH CARE ADMINISTRATION vs FAITH HOME HEALTH, INC. (2011)

Division of Administrative Hearings, Florida Filed: Sep. 01, 2011

Whether Respondent committed the violations alleged in the Amended Administrative Complaint, and, if so, what penalty should be imposed.Petitioner established by clear and convincing evidence that Respondent failed to provide home health services in accordance with patients' plan of care. Recommend that administrative fine and cost be imposed.

11-002770 AGENCY FOR HEALTH CARE ADMINISTRATION vs EASTWINDS OF FLORIDA, INC., D/B/A AZALEA MANOR OF ST. PETERSBURG (2011)

Division of Administrative Hearings, Florida Filed: May 31, 2011

Whether Respondent committed the violations alleged in the Administrative Complaint, and, if so, what penalty should be imposed.The Agency did not prove by clear and convincing evidence that Respondent failed to provide appropriate care to its residents; however, the Agency did prove that Respondent failed to file the 15-day report and to timely file the Day-1 report.

07-000621 AGENCY FOR HEALTH CARE ADMINISTRATION vs NEW HORIZON NH, LLC, D/B/A NEW HORIZON REHABILITATION CENTER (2007)

Division of Administrative Hearings, Florida Filed: Feb. 05, 2007

The issues for consideration are: (1) whether Petitioner Agency for Health Care Administration (AHCA) should impose an administrative fine for a Class I violation and a survey fee on Respondent New Horizon, NH, LLC d/b/a New Horizon Rehabilitation Center (Respondent), and if so, in what amount; and (2) whether AHCA should assign conditional licensure status to the facility, and if so, for what time frame.Petitioner did not prove that Respondent was guilty of a Class 1 deficiency; therefore, Respondent cannot be fined, assigned conditional license status and required to pay a six-month survey fee.

98-004690 WELLINGTON SPECIALTY CARE AND REHAB CENTER (VANTAGE HEALTHCARE CORP.) vs AGENCY FOR HEALTH CARE ADMINISTRATION (1998)

Division of Administrative Hearings, Florida Filed: Oct. 22, 1998

The issue for determination is whether the Agency for Health Care Administration found deficiencies at Wellington Specialty Care and Rehab Center sufficient to support the change in its licensure status to a conditional rating.Agency failed to show that facility did not provide to residents adequate supervision and assistance devices to prevent accidents. Bruising on a resident does not prove a deficiency. Recommened that license be changed from conditional to standard.

03-001446F HEALTH CARE CENTER OF NAPLES, D/B/A THE ARISTOCRAT vs AGENCY FOR HEALTH CARE ADMINISTRATION (2003)

Division of Administrative Hearings, Florida Filed: Apr. 21, 2003

Whether Petitioner is entitled to an award of attorney's fees and costs pursuant to Section 57.111, Florida Statutes.Petitioner is not entitled to award of attorney`s fees and costs. The Agency for Health Care Administration established that it was substantially justified in citing the facility when it determined that the resident had significant weight loss.

98-005580 AGENCY FOR HEALTH CARE ADMINISTRATION vs MOUNT DORA HEALTH CARE CENTER (BEVERLY HEALTH AND REHABILITATION SERVICES, INC., D/B/A MOUNT DORA HEALTH CARE CENTER) (1998)

Division of Administrative Hearings, Florida Filed: Dec. 18, 1998

The issue in this case is whether, pursuant to Section 400.23(8), Florida Statutes (1997), Petitioner should have changed Respondent's license rating from "standard" to "conditional" for the alleged failure to correct two post-survey deficiencies or whether Petitioner should reinstate Respondent's pre-survey "standard" rating. (All chapter and section references are to Florida Statutes (1997) unless otherwise stated).Nursing home corrected all Class III deficiencies and should have standard rating reinstated.

Thomas William Caufman