Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: CANA II CORPORATION, D/B/A HARBOUR HEALTH CENTER AT SOUTH PORT SQUARE
Judges: LAWRENCE P. STEVENSON
Agency: Agency for Health Care Administration
Locations: Port Charlotte, Florida
Filed: Apr. 01, 2002
Status: Closed
Recommended Order on Monday, September 23, 2002.
Latest Update: Mar. 19, 2003
Summary: DOAH Case No. 02-0949: Whether Respondent's licensure status should be reduced from standard to conditional. DOAH Case No. 02-1299: Whether Respondent committed the violation alleged in the Administrative Complaint dated February 19, 2002, and, if so, the penalty that should be imposed.Agency failed to establish that nursing home resident`s weight loss was preventable where resident suffered from terminal Alzheimer`s disease and weight loss coincided with upper respiratory infection.
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Petitioner,
vs.
HARBOR HEALTH CENTER,
Respondent.
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Petitioner,
vs.
CANA II CORPORATION, d/b/a
HARBOR HEALTH CENTER AT
SOUTH PORT SQUARE,
Respondent.
p rei J Ae
DOAH CASE NO. 02-0949 6. FS GO
FRAES NO. 2002006581
RENDITION NO.: AHCA-03 -O.2/0 » FOF-OLE_-
DOAH CASE NO. 02-1299
FRAES NO. 2001065271
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 September 23, 2002, is attached
to this Final Order, and incorporated herein by reference.
RULING ON EXCEPTIONS
No exceptions were filed.
FINDINGS OF FACT
The Agency adopts the findings set forth in the Recommended Order, which is
attached hereto and incorporated by reference.
CONCLUSIONS OF LAW
The Agency adopts the conclusions of law set forth in the Recommended Order.
IT IS THEREFORE ADJUDGED THAT:
The administrative complaint filed herein is dismissed in Case No. 02-1299, the
Notice of Intent to Assign Conditional Licensure Status to Respondent in Case No. 02-
0949 is rescinded, and a licensure status of standard is assigned to Respondent for the
relevant period.
DONE and ORDERED this [© day of Ur ch , 2003, in
) /
Tallahassee, Florida.
Se / ( °
A A?
RHONDA M. MEDOWS NE MD., SECRETARY
Agenty for Health Care Administration
NOTICE OF picntro 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
I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been
furnished by U.S. Mail, or by the method indicated, to the persons named below on this
Ki day of 4a AGA __, 2003.
i 5 , .
{@&Lealand L. McCharen, Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, MS #3
Tallahassee, FL 32308-5403
COPIES FURNISHED TO:
Lawrence P. Stephenson
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-3060
Ursula Eikman, Esquire
Agency for Health Care Administration
2727 Mahan Drive, MS #3
Tallahassee, FL 32308
Karen L. Goldsmith, Esquire
Goldsmith, Grout & Lewis, P.A.
2180 North Park Avenue, Suite 100
Post Office Box 2011
Winter Park, FL 32790-2011
Elizabeth Dudek, Deputy Secretary
Mail Stop #12
Wendy Adams
Facilities Intake Unit
Docket for Case No: 02-001299
Issue Date |
Proceedings |
Mar. 19, 2003 |
Final Order filed.
|
Sep. 23, 2002 |
Recommended Order issued (hearing held June 19, 2002) CASE CLOSED.
|
Sep. 23, 2002 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
|
Aug. 20, 2002 |
Respondent`s Proposed Recommended Order filed.
|
Aug. 15, 2002 |
(Proposed) Respondent`s Proposed Recommended Order filed.
|
Aug. 15, 2002 |
Notice of Appearance (filed by Petitioner).
|
Aug. 15, 2002 |
Index to Appendix filed by Respondent.
|
Aug. 14, 2002 |
Respondent`s Proposed Recommended Order (filed by K. Goldsmith via facsimile).
|
Aug. 12, 2002 |
Deposition of Michael K. Brinson filed.
|
Aug. 12, 2002 |
Notice of Filing filed by Petitioner.
|
Aug. 05, 2002 |
Transcript of Proceedings filed. |
Jul. 08, 2002 |
Notice of Taking Deposition, M. Brinson (filed via facsimile).
|
Jun. 20, 2002 |
Request for Official/Judicial Notice filed by Petitioner.
|
Jun. 19, 2002 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Jun. 17, 2002 |
Notice of Filing Amended Exhibit List (filed by Respondent via facsimile).
|
Jun. 14, 2002 |
Joint Prehearing Stipulation (filed via facsimile).
|
Jun. 14, 2002 |
Joint Motion and Stipulation to Depose Unavailable Trial Witness Subsequent to Date of Final Hearing (filed via facsimile).
|
Jun. 14, 2002 |
Letter to Judge Stevenson enclosing witness list and potential exhibit list filed.
|
Jun. 06, 2002 |
Motion for Extension of Time to File Pre-Hearing Stipulation (filed via facsimile).
|
Jun. 06, 2002 |
Amended Notice of Taking Deposition Duces Tecum, D. Ashworth (filed via facsimile).
|
May 29, 2002 |
Notice of Taking Deposition Duces Tecum, D. Ashworth (filed via facsimile).
|
Apr. 26, 2002 |
Notice of Service of Documents (filed by Petitioner via facsimile).
|
Apr. 18, 2002 |
Notice of Address Change (filed by Respondent via facsimile).
|
Apr. 16, 2002 |
Amended Notice of Hearing issued. (hearing set for June 19, 2002; 9:00 a.m.; Port Charlotte, FL, amended as to date, location, and consolidation).
|
Apr. 15, 2002 |
Order Granting Consolidation issued. (consolidated cases are: 02-000949, 02-001299)
|
Apr. 12, 2002 |
Amended Petitioner`s First Request to Produce to Respondent (filed via facsimile).
|
Apr. 09, 2002 |
Motion to Consolidate (case nos. 02-0949., 02-1299) (filed by Petitioner via facsimile).
|
Apr. 08, 2002 |
(Joint) Response to Initial Order (filed via facsimile).
|
Apr. 01, 2002 |
Initial Order issued.
|
Apr. 01, 2002 |
Administrative Complaint filed.
|
Apr. 01, 2002 |
Election of Rights for Administrative Complaint filed.
|
Apr. 01, 2002 |
Petition for Formal Administrative Hearing filed.
|
Apr. 01, 2002 |
Notice (of Agency referral) filed.
|
Orders for Case No: 02-001299
Issue Date |
Document |
Summary |
Mar. 18, 2003 |
Agency Final Order
|
|
Sep. 23, 2002 |
Recommended Order
|
Agency failed to establish that nursing home resident`s weight loss was preventable where resident suffered from terminal Alzheimer`s disease and weight loss coincided with upper respiratory infection.
|