STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Petitioner, )

)

vs. ) CASE NO. 80-1442

)

FOUNTAINHEAD NURSING AND )

CONVALESCENT HOMES, 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 7 October 1980 at Miami, Florida.

APPEARANCES

For Petitioner: Morton Laitner, Esquire

1350 Northwest 14th Street Miami, Florida 33125

For Respondent: A. Thomas Mihok, Esquire

Suite 610, Eola Office Center 605 East Robinson Street Orlando, Florida 32801

By letter dated July 15, 1980 Fountainhead Nursing and Convalescent Homes, Inc., Respondent, by and through its attorney, requested a formal hearing to contest the assignment of a "C" rating resulting from the licensure survey conducted April 8 and 9, 1980 and assigned to the nursing home by the Director, Office of Licensure and Certification, HRS, by letter dated June 30, 1980.

At the hearing one witness was called by Petitioner and one exhibit was admitted into evidence. There is no dispute as to the facts in this case.

FINDINGS OF FACT

1. At all times here relevant Fountainhead Nursing and Convalescent Homes, Inc., Respondent, was licensed by the Department of HRS, Petitioner, as a nursing home.

   
   

2. On a survey of the nursing home facilities conducted on April 8 and 9, 1980 five Class II deficiencies and twenty Class III deficiencies were reported on HRS Form 553D entitled Classification of Deficiencies for Nursing Home Licensure Requirements (Exhibit 1). These were designated HRS-1, 3, 14, 15 and

   20 on Exhibit 1.

3. Because of these Class II deficiencies Respondent was assigned a "C" rating.

   
   

4. HRS-1 is a deficiency correctable within 72 hours.

   
   

5. HRS-3, 14 and 20 are Class III deficiencies erroneously characterized as Class II deficiencies.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of these proceedings.

   
   

7. Rule 10D-29.54(3)(a), F.A.C., provides in pertinent part:

   
   

   1 . Class "A" Nursing Home Facility -- To be assigned a rating of "A", a nursing home must be providing patient care,

   performance, service and/or facilities that meeting minimum standards. Such a home must not be cited for any Class I, not more than three (3) Class II deficiencies, which are immediately correctable (within 72 hours, [sic] and have less than twenty-five (25) Class III deficiencies.

   
   

8. With the reclassification of the deficiencies by Petitioner's witness at the hearing, the number of Class II deficiencies found during the April 8 - 9, 1980 survey is reduced to two and Respondent becomes qualified for an "A" rating.

   
   

9. From the foregoing it is concluded that Respondent was erroneously awarded a "C" rating as a result of the survey of the nursing home conducted on April 8 - 9, 1980. The rating assigned should have been "A". It is therefore

RECOMMENDED that the rating assigned to Fountainhead Nursing and Convalescent Homes, Inc. as a result of the survey conducted April 8 - 9, 1980 be changed to "A" and the "C" rating assigned be rescinded.

Entered this 21st day of October, 1980.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Morton Laitner, Esquire Dade County Department of

Public Health

1350 Northwest 14th Street Miami, Florida 33125

A. Thomas Mihok, Esquire Suite 610, Eola Office Center 605 East Robinson Street Orlando, Florida 32801

Docket for Case No: 80-001442

Orders for Case No: 80-001442