STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PATRICIA PRUETT d/b/a OLD )

CUTLER RETIREMENT HOME, )

)

Petitioner, )

)

vs. ) CASE NO. 86-2241

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on March 11, 1987. Respondent's counsel submitted a proposed recommended order on March 16, 1987, which was considered by me in preparation of this recommended order. Respondent's proposed recommended order is incorporated in this recommended order.

APPEARANCES

For Petitioner: No appearance 1/

For Respondent: Leonard T. Helfand, Esquire

Office of Licensure and Certification Department of Health and Rehabilitative Services

5190 N.W. 167th Street Miami, Florida 33014

STATEMENT OF THE ISSUE

The issue presented for decision herein is whether or not Petitioner's facility meets the standards and qualifications to be eligible for licensure as an Adult Congregate Living Facility (ACLF).

INTRODUCTION AND BACKGROUND

By letter dated April 18, 1986, Patricia Pruett, owner of Old Cutler Retirement Home (Petitioner), was advised that her facility "does not meet nor comply with the standards as an ACLF" pursuant to Section 400.414, Florida Statutes, Chapters 10A-5 and 4A-40, Florida Administrative Code.

Petitioner timely requested a formal hearing pursuant to Section 120.57(1), Florida Statutes. The matter was initially set for hearing on October 15, 1986, and was continued, on that date at Petitioner's request. The matter was reset and heard on March 11, 1987.

Respondent called as its witnesses Mildred Hipsmone a dietitian employed by Respondent; James Prouty, an HRS investigator of patient abuse; Flora Dixon, Human Services Program Analyst; Paul Grossi, certified municipal fire inspector; Jack Friedenn, environmental health specialist, Alvin Delaney, Human Services Program Supervisor; Katherine Curry, dietitian and Audrey Turner, registered nurse Ombudsman Council. Respondent introduced exhibits 1 through 9 which were received in evidence during the hearing.

FINDINGS OF FACT

1. Petitioner is the owner/operator of Old Cutler Retirement Home (Old Cutler) which is located at 19720 Old Cutler Road in Miami, Florida.

   
   

2. Old Cutler has been functioning as an ACLF since at least 1981 and has been the subject of citations for violations of the fire and health safety codes which Respondent enforce. (Respondent's Dade County Health Report dated June 9, 1981.)

   
   

3. On October 7, 1985, Respondent conducted a survey of Old Cutler and found the following deficiencies:

   
   

   1. the income and expense records for the facility were not available for review.

   2. services delivered for the facility by a third party contractor were not documented and placed in the residents' records.

   3. the facility did not have personnel policies and work assignments.

   4. the facility failed to provide assurances that (1) at least one staff member was on duty at all times who was certified in an approved first aid course;

      (2) staff that provided hygiene assistance was properly trained, and (3) staff was free of communicable disease.

   5. the facility did not have written job descriptions available for review.

   6. the employees were not furnished written policies governing conditions of employment.

   7. full bedside rails were observed in one resident's bed room.

   8. notations concerning drug disposition of a former resident's medication were not entered into the resident's file.

   9. the facility did not have policies and procedures to insure minimal leisure services for residents.

   10. the facility did not have procedures for assisting residents in making medical and related health appointments.

   11. residents' bedrooms did not have adequate space for hanging clothes.

   12. the facility did not have an adequate number of bathrooms for the residents.

   13. furniture at the facility was not kept in good repair.

   14. the facility smelled of a strong urine odor.

   15. the facility grounds were cluttered with debris and garden/construction equipment.

   16. the facility did not have a written main- tenance and housekeeping plan.

       
       

4. Food Service irregularities (observed on October 7, 1985):

   
   

   1. the facility did not have food service procedures to provide for resident's nutri- tional care.

   2. the employee designated responsible for providing food service failed to demonstrate

      1. proper training of food service personnel

      2. purchasing sufficient food, (3) food service coordinated with other services,

      (4) duties were performed in a safe and sanitary manner, and (5) a knowledge of food that meets regular diets.

   3. the therapeutic diets did not meet the residents nutritional needs.

   4. there was no documentation of standardized recipes.

   5. menus were not planned, dated or posted as required.

   6. a week's supply of food was not on hand at the facility.

   7. food was not served at a safe, palatable temperature, as example, ambrosia fruit salad was kept and served at room temperature.

   8. food service was not properly carried out and the service was unsanitary in that spoiled and rotten food was stored in the refrigerator; the sinks and shelves were soiled, greasy and coated with debris; food was improperly thawed with standing hot water; hair restraints were not used; and at least one food service employee was observed smoking while preparing food.

      
      

5. Additionally, on October 7, 1985, the laundry area did not provide the required one hour flame separation from the remainder of the facility. Also, the following fire safety irregularities were noted during the October 1985 survey:

   
   

   1. a manually operated fire alarm system with activating handles at each exit were not provided.

   2. smoke detectors powered by the electric current and interconnected to the fire alarm system was not provided.

   3. reports were not provided showing that the fire alarm system was tested quarterly.

   4. two means of egress are not provided for rooms 1 and 6.

   5. twenty-minute fire rated doors are not provided at all residents' doors.

   6. a commercial hood vented to the outside with an automatic extinguishing system is not provided.

   7. a key operated lock from the inside appears on the door of Room No. 13.

   8. there are obstructions in front of egress doors in room 3 and the dining area.

   9. the electric source supply to emergency lighting is provided by an extension cord.

      
      

6. Petitioner has placed a mobile home immediately alongside the main facility at Old Cutler and the mobile home is situated closer than ten (10) feet from all sides of Old Cutler. The curtains, drapes, interior walls and ceilings of the mobile home do not provide either the requisite flame spread or are not flame proof as required. The mobile home is not equipped with approved smoke detectors in each room and the east/west end exits are either blocked or difficult to egress. Finally, there are no approved steps at the east exit of the mobile home. These conditions have existed in the mobile home since at least April 1981 and Petitioner has failed to take any corrective action to bring the above-noted irregularities into compliance (Respondent Exhibit 5).

   
   

7. Respondent sent its staff along with members of the Ombudsman Council to again survey Petitioner's facility on March 9, 1987. As of that date, Petitioner has not shown any intent to correct the numerous deficiencies noted herein. Additionally, Petitioner advised Human Services Program Supervisor Alvin Delaney that she did not intend to bring her facility into compliance.

   
   

8. As noted in the Appearances section of this Recommended Order, Petitioner did not appear at the hearing.

   
   

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57(1), Florida Statutes.

   
   

10. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

    
    

11. The authority of the Respondent is derived from Chapter 400, Florida Statutes.

    
    

12. Competent and substantial evidence was offered herein to establish that Petitioner, Patricia Pruett's facility, d/b/a Old Cutler Retirement Home, does not meet nor comply with the standards for eligibility to be licensed as an Adult Congregate Living Facility.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED:

Respondent enter a Final Order denying Petitioner's application for licensure as an Adult Congregate Living Facility and cancel the conditional license which was issued to Petitioner.

RECOMMENDED this 2nd day of April 1987, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

FILED with the Clerk of the Division of Administrative Hearings this 2nd day of April 1987.

ENDNOTE

1/ Although properly noticed, Petitioner, or a representative on its behalf, did not appear at the hearing to contest or otherwise refute Respondent's reasons for denying the renewal of Petitioner's application for an ACLF license.

COPIES FURNISHED:

Leonard T. Helfand, Esquire Office of Licensure and Certification

Department of Health and Rehabilitative Services 5190 N. W. 167th Street Miami, Florida 33014

Gregory L. Color, Secretary 1323 Winewood Boulevard

Tallahassee, Florida 32399-0700

Docket for Case No: 86-002241

Orders for Case No: 86-002241