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AGENCY FOR HEALTH CARE ADMINISTRATION vs CASO, INC., D/B/A PARADISE MANOR, 00-001964 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001964 Visitors: 26
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: CASO, INC., D/B/A PARADISE MANOR
Judges: STEPHEN F. DEAN
Agency: Agency for Health Care Administration
Locations: Daytona Beach, Florida
Filed: May 11, 2000
Status: Closed
Recommended Order on Friday, February 9, 2001.

Latest Update: Apr. 23, 2001
Summary: This order addresses three cases consolidated for hearing. The first case chronologically is DOAH Case No. 00- 1964, which arises from the pre-licensure inspection initiated as a result of Respondent's application for a certification to provide limited nursing services, and seeks to levy fines for repeated violations originally noted in the biennial inspection of September 10, 1999. The second case chronologically is DOAH Case No. 00-1963, which arises from the re-inspection of the pre-licensure
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7 -0/ STATE OF FLORIDA ' AGENCY FOR HEALTH CARE ADMINGSTR DATE STATE OF FLORIDA, AGENCY FOR . HEALTH CARE ADMINISTRATION, "Li CASE NO.: 00-1963, 00-1964 00-1965 AHCANO.: 04-00-004-ALF - 04-00-005-ALF & v. RENDITION NO.: AHCA-01-094-FQF-OLG CASO, INC. d/b/a PARADISE MANOR, Petitioner, Z2= 2 MES S Bat Respondent. Be _ Es / ete Soe a 2 ri o FINAL ORDER This cause was referred to the Division of Administrative Hearings for a formal administrative hearing. The assigned Administrative Law Judge (“ALJ”) has submitted a Recommended Order to the Agency for Health Care Administration (“Agency”). The Recommended Order of February 9, 2001, entered herein is incorporated by reference. =” PRELIMINARY STATEMENT Paradise Manor is a licensed assisted living facility. In this proceeding the licensee, Caso, Incorporated, seeks the specialty designation to provide limited nursing services at Paradise Manor. In these consolidated cases the licensee also contests the Agency’s intent to impose a fine for alleged violations of regulatory requirements. The ALJ finds there is no basis for the imposition of a fine and recommends the licensee be allowed to re-file for the specialty designation of limited nursing services. The mission of an assisted living facility CALF’) is to serve its disabled ‘and frail elderly residents in a homelike setting, and the goal of state regulation is to promote the dignity, privacy, health, and safety of the . residents of such homes. See §400.401(2), Fla. Stat, (2000)... The, services ; provided by an ALF are room, board, and assistance as needed with walking, bathing, dressing, eating, grooming, toileting, taking of medicines and similar activities. See §400.402(1)(6), and (17), Fla. Stat. (2000). A standard license is the licensure baseline, but an ALF may be designated to provide one or more of the following enhanced categories of care: extended congregate care, limited nursing services, or limited mental. health services. See §400.407(3), Fla. Stat. (2000). The authority of a licensee to provide one or more of the enhanced categories is indicated on the face of the standard license. See §400.407(8)(b)1 and (c)1, Fla. Stat. (2000) and §400.4075, Fla. Stat. (2000). FINDINGS OF FACT The Agency hereby adopts the findings of fact set forth in the Recommended Order. CONCLUSIONS OF LAW The Agency hereby adopts the conclusions of law set forth in the _ Recommended Order. Based on the foregoing, the administrative complaints at issue herein are dismissed. Caso, Incorporated, may re-file for the specialty designation of limited nursing services. DONE and ORDERED this _ / 4 day of_Wee. / , 2001, in| Tallahassee, Florida. STATE OF FLOR Ke CY FOR HEALTH LA ISTRATION Vj ( -SHAW, JR., SECRETARY RUBEN J. A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED: BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND_A,.SECOND COPY ALONG. WITH THE FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF | APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 80 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. COPIES FURNISHED TO: Michael O. Mathis, Esquire Christal L. Caso, Administrator Senior Attorney, Agency for Paradise Manor Health Care Administration 2949 Carriage Drive 2727 Mahan Drive, Suite 3431 Daytona Beach, Florida 32119 Fort Knox Building III Tallahassee, Florida 32308 Stephen F. Dean Alberta Granger Administrative Law Judge HQA-HFC-ALF DOAH, The DeSoto Building Fort Knox Building I, Room 223 1230 Apalachee Parkway __ Tallahassee, Florida 32308 Tallahassee, Florida 32399-3060 I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via postage-paid U.S. Mail and/or Inter-office Mail to fr - ces the above named person dated on 62. )_, 2001. ) _R.S. Power, Agency Clerk State of Florida, Agency for Health Care Administration . 2727 Mahan Drive, Suite 3431 * Fort Knox Building III, MS 3 Tallahassee, Florida 32308 850/922-5865 power/21-Mar-01 -2-

Docket for Case No: 00-001964
Issue Date Proceedings
Apr. 23, 2001 Final Order filed.
Feb. 09, 2001 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Feb. 09, 2001 Recommended Order issued (hearing held November 28, 2000) CASE CLOSED.
Jan. 04, 2001 Findings of Fact filed by Respondent.
Dec. 29, 2000 Agency`s Proposed Recommended Order filed.
Dec. 20, 2000 Transcript of Proceedings filed.
Sep. 20, 2000 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for November 28, 2000; 10:15 a.m.; Daytona Beach, FL).
Aug. 21, 2000 Ltr. to M. Mathis from C. Caso In re: continuance filed.
Jul. 31, 2000 Order Granting Continuance and Re-scheduling Hearing issued. (hearing set for September 27, 2000; 10:15 a.m.; Daytona Beach, FL)
Jul. 28, 2000 Motion for Continuance and Reschedule Hearing filed.
Jul. 18, 2000 Motion for Continuance and Reschedule Hearing filed.
Jun. 07, 2000 Order of Consolidation (cases to be consolidated are: 00-001963, 00-001964) sent out.
Jun. 07, 2000 Notice of Hearing sent out. (hearing set for August 1, 2000; 10:00 a.m.; Daytona Beach, FL)
May 26, 2000 Joint Response to Initial Order filed.
May 26, 2000 Motion for Consolidation (Petitioner) filed.
May 17, 2000 Initial Order issued.
May 11, 2000 Request for Hearing filed.
May 11, 2000 Administrative Complaint filed.
May 11, 2000 Notice filed.
May 11, 2000 Notice of Related Petitions filed.

Orders for Case No: 00-001964
Issue Date Document Summary
Apr. 20, 2001 Agency Final Order
Feb. 09, 2001 Recommended Order The Agency failed to show violations to support levying fines; however, the Agency showed a failure to provide a contract for nursing services which is grounds for denying a license.
Source:  Florida - Division of Administrative Hearings

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