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AGENCY FOR HEALTH CARE ADMINISTRATION vs CANA II CORPORATION, D/B/A HARBOUR HEALTH CENTER AT SOUTH PORT SQUARE, 02-001299 (2002)

Court: Division of Administrative Hearings, Florida Number: 02-001299 Visitors: 13
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in Case No. 02-1299, the Notice of Intent to Assign Conditional Licensure Status to Respondent in Case No. 02- 0949 is rescinded, and a licensure status of standard is assigned to Respondent for the relevant period.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.
Source:  Florida - Division of Administrative Hearings

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