STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1611

) BAY TO BAY NURSING CENTER, INC., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on November 10, 1977 at Tampa, Florida.

APPEARANCES

For Petitioner: William M. Park, Esquire

District VI Attorney Department of Health and

Rehabilitative Services

400 West Buffalo Avenue Tampa, Florida 33614

For Respondent: Jan Soeten, Jr., Esquire

205 South Dale Mabry Tampa, Florida 33609

Following an inspection of Bay to Bay Nursing Center, Inc. facilities, the Director, Office of Licensure and Certification, HRS by letter dated July 20, 1977 advised Bay to Bay Nursing Center that a variance was granted for those rooms shown on the inspection report which did not provide at least 80 square feet for each bed in multi-bed rooms with the proviso that when patients are discharged from these rooms their capacity is reduced to meet the requirements of 20CFR 405.1134(c). By letter dated August 19, 1977 Bay to Bay Nursing Center, Inc. requested a hearing on the denial of further variance in the square footage requirement per patient. At the beginning of the hearing the parties presented to the Hearing Officer the following stipulation and no evidence was submitted.

STIPULATION AND AGREEMENT

IT IS HEREBY STIPULATED AND AGREED, by and between the Department of Health and Rehabilitative Services, District VI by and through their attorney, William

M. Park, and Bay to Bay Nursing Center, Inc., and Anne M. Gerstmann, Administrator, by and through their attorney, Jan Soeten, Jr. as follows:

WHEREAS, the State of Florida, Department of Health and Rehabilitative Services issued a citation against Bay to Bay Nursing Center, Inc. for noncompliance with State and Federal regulations requiring that room size in skilled care nursing homes provide a minimum of eighty (80) square feet for each patient and,

WHEREAS, the deficiency in room size was found in fourteen (14) rooms in which the deficiencies in square feet per patient ranged from six (6) to fifteen

1. square feet and,

   
   

   WHEREAS, Bay to Bay Nursing Center, Inc. has requested an Administrative Hearing on the validity of citation issued to them

   
   

   IT IS THEREFORE, STIPULATED AND AGREED as follows:

   
   

   1. That the deficiencies in the amount of square feet in the rooms which were the subject of the citation were minimal. The existing space arrangement in these rooms provide sufficient space for privacy, adequate space for nursing services, adequate space for patients to get in and out of wheel chairs and stretchers, and are not likely to have any adverse effects on patient health and safety.

      
      

   2. Stringent adherence to the eighty (80) square feet per patient requirement specified by State and Federal regulations would result in the displacement of fourteen (14) patients under skilled nursing home care. Displacement of patients of this nature would be traumatic and likely to result in adverse effects upon these patients' health and safety.

      
      

   3. The loss of fourteen (14) skilled care patients in this nursing care facility would adversely effect the community as well as to pose a threat of closing Bay to Bay Nursing Center, Inc. with the result of losing the availability of all the skilled at; care beds to patients provided by this facility.

      
      

   4. Additional adverse effects could be anticipated on the remaining patients by disrupting any rapport which may have developed between the patients housed in the same rooms and upon the families of those patients who would be required to be moved to another room or facility.

      
      

   5. Bay to Bay Nursing Center, Inc. pledges to maintain existing space arrangements in the fourteen (14) rooms which are the subject of the citation in order to provide sufficient privacy, space for nursing services, space for patients to get in and out of wheel chairs and stretchers and to insure that there will be no adverse effect on patient health and safety by the continued use of the subject rooms at their present size.

      
      

   6. That no action need be taken pursuant to the citation so long as the standards of patient care remain satisfactory and no structural changes are made to the existing rooms subject to the citation.

      
      

   7. The Hearing Officer of the Department of Administration is hereby required to incorporate this Stipulation and Agreement into his Order to be issued and binding upon the parties.

      
      

   8. This Stipulation and Agreement shall not be binding upon the Department of Health and Rehabilitative Services in the event the present ownership of Bay to Bay Nursing Center, Inc. should change.

This Stipulation and Agreement is executed by the parties as follows.

It is therefore,

Recommended that the Stipulation be accepted and Bay to Bay Nursing Center, Inc. be granted a waiver of the requirements of 20CFR 405.1134(c) in accordance with the stipulation.

DONE and ENTERED this 18th day of November, 1977, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

COPIES FURNISHED:

William M. Park, Esquire 4000 W. Buffalo Avenue Tampa, Florida 33614

Jan Soeten, Jr., Esquire

205 S. Dale Mabry Tampa, Florida 33609

Docket for Case No: 77-001611

Orders for Case No: 77-001611