STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STACEY HEALTH CARE CENTERS, INC., )

)

PETITIONER, )

)

vs. ) CASE NO. 87-0931

)

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 May 20, 1987 in Miami, Florida.

APPEARANCES

For Petitioner: Kenneth S. Handmaker, Esquire

MIDDLETON & REUTLINGER

2500 Brown & Williamson Tower Louisville, Kentucky 40202-3410

For Respondent: Leonard T. Helfand, Esquire

Department of Health and Rehabilitative Services

Office of Licensure and Certification 5190 Northwest 167th Street

Miami, Florida 33014 ISSUE PRESENTED

The issue presented for decision herein is whether or not Ralph Stacey, Jr., the administrator of Riverside Care Center, acted in the capacity of administrator for two facilities without having a qualified assistant administrator to act in This absence and, if so, what penalty is appropriate.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I make the following relevant factual findings.

1. Petitioner, Stacey Health Care Centers, Inc., is licensed to operate Riverside Care Center, located at 899 Northwest Fourth Street, Miami, Florida, as a nursing home in compliance with Chapter 400, Part I, Florida Statutes, and Chapter 10D-29, Florida Administrative Code.

2. On July 9, 1986, James A. Bavetta, assistant area supervisor, Office of Licensure and Certification, made a visit of Riverside's facility and determined that Ralph Stacey, Jr., the administrator of record, was acting in the capacity of administrator for two facilities, the subject facility and another facility in Kentucky, without having a qualified assistant administrator to act in his absence. (Respondent's Exhibit 1)

   
   

3. Ralph L. Stacey Jr., is a licensed nursing home administrator in the States of Ohio, Kentucky and Florida. He has been licensed in Kentucky and Florida since 1974. At the time of Mr. Bavetta's visit and inspection during July, 1986, Ralph Stacey, Jr., was in Cincinnati, Ohio preparing the payroll for Stacey Health Care Centers. During this time period, Ralph Stacey, Jr., served as the administrator for the subject facility, Riverside Care Center, and another facility in Kentucky and did not have a qualified assistant administrator employed to act in his absence. However, once Mr. Bavetta issued his recommendation for sanctions, Petitioner, as part of its plan of correction, has employed a licensed administrator who is presently on staff and serves as Riverside's assistant administrator during the administrator's absence.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

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

   
   

6. The authority of the Respondent, Department of Health and Rehabilitative Services, is derived from Chapter 400, Part 1, Florida Statutes.

   
   

7. Section 400.141(1), Florida Statutes, provides in pertinent part that:

   
   

   Every licensed facility shall comply with all applicable standards, rules and regulations of the Department . . . and shall:

   1. be under the administrative direction and charge of the licensed administrator, supervisor or manager.

      
      

8. Competent and substantial evidence was offered Therein to establish that Petitioner failed to have in its employ at Riverside Care Center, a qualified assistant administrator to act in the administrator's absence during July, 1986. As such, it is concluded that Petitioner engaged in acts which fall within the purview of Section 400.041(1), Florida Statutes.

   
   

9. Section 400.102, Florida Statutes, authorizes the Department to impose an administrative fine against a licensee for acts and/or conduct amounting to a violation of,Chapter 400, Florida Statutes, or of minimum standards, rules or regulations promulgated pursuant thereto. Based on the foregoing conclusions, Petitioner, through its agents; engaged in conduct amounting to a violation of the minimum standards, rules and regulations promulgated by the Department under Chapter 400, Part 1, Florida Statutes.

RECOMMENDATION

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

The Department of Health and Rehabilitative Services enter a Final Order imposing an administrative fine in the amount of One Thousand Dollars ($1,000.00) upon Stacey Health Care Centers- Inc., d/b/a Riverside Care Center, which amount shall be payable to Respondent within thirty (30) days after entry of Respondent's Final Order.

RECOMMENDED this 18th day of September, 1987, in Tallahassee, Leon County, 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 18th day of September, 1987.

COPIES FURNISHED:

Kenneth S. Handmaker, Esquire MIDDLETON & REUTLINGER

2500 Brown & Williamson Tower Louisville, KY 40202-3410

Leonard T. Helfand, Esquire Office of Licensure and Certification

Department of Health and Rehabilitative Services 5190 Northwest 167th Street Miami, Florida 33014

Gregory L. Coler, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32399-0700

R. S. Power, Esquire Agency Clerk

Department of Health and Rehabilitative Services 1323 Winewood Boulevard

-Building One, Room 407 Tallahassee, Florida 32399-0700

Docket for Case No: 87-000931

Orders for Case No: 87-000931