Petitioner: CASO, INC., D/B/A PARADISE MANOR
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
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
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 inspection performed on February 21, 2000, and relates to fines for repeated violations of the rules. The third case chronologically is DOAH Case No. 00-1965, which is related to issuance of the Department’s denial of certification to provided limited nursing services; however, it is based upon the same factual predicate as Case No. 00-1963. The issues in each of the cases are as follows: Case No. 00-1964: Should fines be levied against the Respondent as the result of an inspection which (1) was conducted without notice contrary to the letter concerning the inspection from the Department, and (2) in the absence of specific proof that the specific violation was repeated. Case No. 00-1963: Should fines be levied against the Respondent for failure to correct violations identified in an inspection that was not noticed contrary to the information provided to the Respondent, and when the Respondent was not rendering any services to which the violation applied. Case No. 00-1965: Should Respondent be denied a certification to provide limited nursing services based upon the violations discovered in the inspections of January 18, 2000 and February 21, 2000.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.
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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,
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Respondent. Be _ Es
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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: 00-001965
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 |
Agency Action filed.
|
May 11, 2000 |
Request for Administrative Hearing filed.
|
May 11, 2000 |
Notice filed.
|
May 11, 2000 |
Notice of Related Petitions filed.
|
Orders for Case No: 00-001965
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.
|