Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: HALLANDALE REHABILITATION CENTER
Judges: ROBERT E. MEALE
Agency: Agency for Health Care Administration
Locations: Fort Lauderdale, Florida
Filed: Feb. 15, 2002
Status: Closed
Recommended Order on Wednesday, December 11, 2002.
Latest Update: Apr. 11, 2003
Summary: The issues are whether Respondent's operation of its nursing home was deficient and, if so, whether Petitioner should have imposed an already-lifted admissions moratorium, pursuant to Section 400.121(5)(a), Florida Statutes; and should impose a conditional license, pursuant to Section 400.23(7)(b), Florida Statutes; administrative fines of $95,000, pursuant to Section 400.19(8), Florida Statutes; a survey fee of $6000, pursuant to Section 400.19(3), Florida Statutes; and costs, pursuant to Secti
Summary: The issues are whether Respondent's operation of its nursing home was deficient and, if so, whether Petitioner should have imposed an already-lifted admissions moratorium, pursuant to Section 400.121(5)(a), Florida Statutes; and should impose a conditional license, pursuant to Section 400.23(7)(b), Florida Statutes; administrative fines of $95,000, pursuant to Section 400.19(8), Florida Statutes; a survey fee of $6000, pursuant to Section 400.19(3), Florida Statutes; and costs, pursuant to Section 400.121(10), Florida Statutes.$7500 fine (doubled due to Class II violation within prior year) for three isolated Class II deficiencies; costs; downgrade of license to conditional; and sustaining of eight-day admissions moratorium.
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(2-N-O04
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
AGENCY FOR HEALTH CARE i
ADMINISTRATION,
AT °
(e
Petitioner, - oy
DOAH CASE NO. 02-0683 Oc P
AHCA CASE NO. 2001073751 <2" 2
RENDITION NO. AHCA-03 02 54-% roi
vs.
HALLANDALE REHABILITATION S
CENTER, ae
gem: CLS
Respondent.
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Petitioner,
DOAH CASE NO. 02-0684
AHCA CASE NOS. 2001072581
vs. 2001073571
G.J.S. HOLDINGS, INC., d/b/a
HALLANDALE REHABILITATION
CENTER,
Respondent.
FINAL ORDER
This cause was referred to the Division of Administrative Hearings and assigned
to an Administrative Law Judge (ALJ) for a formal administrative hearing and the entry
of a Recommended Order. The Recommended Order of December 11, 2002, is attached
to this Final Order and incorporated herein by reference.
RULING ON EXCEPTIONS
No exceptions were filed in this case.
gy
FINDINGS OF FACT
The Agency adopts the findings of fact set forth in the Recommended Order.
CONCLUSIONS OF LAW
The Agency adopts the conclusions of law set forth in the Recommended Order.
IT IS THEREFORE ADJUDGED THAT:
In accordance with the Recommended Order, the Respondent is guilty of three
separate isolated Class II deficiencies with respect to Resident #2, shall pay a doubled
fine of $15,000.00, conditional licensure is imposed on Respondent, the already-lifted
admissions moratorium is sustained and costs are imposed on Respondent for the
investigation and prosecution. If the parties are unable to-agree on an amount for these
costs, this cause shall be remanded to DOAH for an Administrative Law Judge to issue a
supplemental recommended order on the amount of these costs.
' The remainder of the amended administrative complaint is dismissed.
DONE and ORDERED in DOAH Case Nos. 02-0683 and 02-0684 this Ye day
of ee | , 2003, in Tallahassee, Florida.
RHONDA M. MEDOWS, MD., SECRETARY
igency for Health Care Administration
NOTICE OF RIGHT TO JUDICIAL REVIEW
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS
ENTITLED TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING
THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA,
AND A COPY, ALONG WITH THE FILING FEE 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 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED.
CERTIFICATE OF SERVICE
J] HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been
hee by U.S. or interoffice mail to the persons named below on this _1O day of
fel , 2003.
Ch CALC is Uheudbon
fee Lealand L. McCharen, Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, MS #3
Tallahassee, FL 32308
COPIES FURNISHED TO:
Robert E. Meale
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-3060
Lori C. Desnick, Esquire
Agency for Health Care Administration
2727 Mahan Drive, MS #3
Tallahassee, FL 32308
Jay Adams, Esquire
Broad & Cassel
215 South Monroe Street, Suite 400
Post Office Drawer 11300
Tallahassee, FL 32302
Elizabeth Dudek
Deputy Secretary
Agency for Health Care Administration
Wendy Adams
Facilities Intake
Jean Lombardi
Finance and Accounting
Docket for Case No: 02-000683
Issue Date |
Proceedings |
Apr. 11, 2003 |
Final Order filed.
|
Dec. 11, 2002 |
Recommended Order issued (hearing held July 31 and August 1, 2002) CASE CLOSED.
|
Dec. 11, 2002 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
|
Oct. 22, 2002 |
Unopposed Motion to Supplement Record With One Undisputed Fact (filed by Petitioner via facsimile).
|
Oct. 22, 2002 |
Agency`s Proposed Recommended Order (filed via facsimile).
|
Oct. 21, 2002 |
Hallandale rehabilitation Center`s Proposed Recommended Order filed.
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Oct. 16, 2002 |
Order Granting Motion for Extension of Time to File Proposed Recommended Orders issued. (the parties have until October 21, 2002, to file, not serve, proposed recommended orders)
|
Oct. 16, 2002 |
Last Motion for Extension of Time to File Proposed Recommended Order (filed by Petitioner via facsimile).
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Oct. 04, 2002 |
Order Granting Motion for Extension of Time to File Proposed Recommended Orders issued. (parties have until October 16, 2002, to file, not serve, proposed recommended orders)
|
Oct. 01, 2002 |
Motion for Extension of Time to File Proposed Recommended Orders (filed by Petitioner via facsimile).
|
Sep. 23, 2002 |
Order Granting Motion for Extension of Time to File Proposed Recommended Orders issued. (parties shall have until October 3, 2002 to file proposed recommended orders)
|
Sep. 19, 2002 |
Motion for Extension of Time to File Proposed Recommended Orders (filed by Petitioner via facsimile).
|
Aug. 30, 2002 |
Transcript (3 Volumes) filed. |
Aug. 16, 2002 |
Notice of Filing Exhibit #16 filed by Respondent.
|
Aug. 15, 2002 |
Notice of Withdrawal of Exhibit (filed by Respondent via facsimile).
|
Jul. 30, 2002 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Jul. 29, 2002 |
Agency for Health Care Administration`s Composite of Exhibits (filed via facsimile).
|
Jul. 26, 2002 |
Joint Prehearing Stipulation (filed via facsimile).
|
Jul. 17, 2002 |
Notice of Taking Depositions, Z. Blum, C. Ferguson, A. Walk (filed via facsimile).
|
Jun. 28, 2002 |
Notice of Taking Depositions (filed by L. Desnick via facsimile).
|
Jun. 28, 2002 |
Notice of Taking Depositions (filed by J. Adams via facsimile).
|
Jun. 05, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for July 31 and August 1, 2002; 9:00 a.m.; Fort Lauderdale, FL).
|
Jun. 04, 2002 |
Letter to Judge Parrish from J. Adams regarding rescheduling the final hearing (filed via facsimile).
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May 06, 2002 |
Response to Interrogatories and Response to Request for Production of Documents (filed by Petitioner via facsimile).
|
May 06, 2002 |
Response to First Request for Admissions (filed by Petitioner via facsimile).
|
May 02, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for July 30 and 31, 2002; 9:00 a.m.; Fort Lauderdale, FL).
|
Apr. 29, 2002 |
Motion to Reschedule Final Hearing (filed by J. Adams via facsimile).
|
Apr. 04, 2002 |
The Agency for Health Care Administration`s First Set of Reqeust for Admissions, Interrogatories, and the Production of Documents filed.
|
Mar. 07, 2002 |
Order Granting Motion to Consolidate and Notice of Hearing issued (hearing set for May 9 and 10, 2002, 9:00 a.m., Fort Lauderdale, Fl., consolidated cases are: 02-000683, 02-000684)
|
Mar. 07, 2002 |
Order of Pre-hearing Instructions issued.
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Mar. 06, 2002 |
Motion to Consolidate (case nos. 02-683, 02-684) (filed by GJS Holdings via facsimile).
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Mar. 01, 2002 |
Notice of Hearing issued (hearing set for May 9 and 10, 2002; 9:00 a.m.; Fort Lauderdale, FL).
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Feb. 28, 2002 |
Joint Response to Initial Order (filed via facsimile).
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Feb. 21, 2002 |
Initial Order issued.
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Feb. 15, 2002 |
Notice of Intent to Assign Conditional Licensure Status filed.
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Feb. 15, 2002 |
Petition for Formal Administrative Hearing filed.
|
Feb. 15, 2002 |
Notice (of Agency referral) filed.
|
Orders for Case No: 02-000683
Issue Date |
Document |
Summary |
Apr. 08, 2003 |
Agency Final Order
|
|
Dec. 11, 2002 |
Recommended Order
|
$7500 fine (doubled due to Class II violation within prior year) for three isolated Class II deficiencies; costs; downgrade of license to conditional; and sustaining of eight-day admissions moratorium.
|