Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: AMERICAN SENIOR LIVING OF FORT WALTON BEACH, D/B/A WESTWOOD HEALTH CARE
Judges: P. MICHAEL RUFF
Agency: Agency for Health Care Administration
Locations: Shalimar, Florida
Filed: Sep. 10, 2002
Status: Closed
Recommended Order on Wednesday, July 9, 2003.
Latest Update: Apr. 29, 2005
Summary: The issues to be resolved in this proceeding concern whether the Respondent should be accorded a "Conditional" or "Standard" rating as to its licensure and whether it should be subjected to an administrative fine and, if so, in what amount.Agency did not show a Class II violation; patient was subjected to only minimal harm and potential harm by falling. There was no sufficient harm to physical well being to equal a Class II violation. Retain Standard License and $500 fine.
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STATE OF FLORIDA iL fs
AGENCY FOR HEALTH CARE ADMINISTRATLSN Ske “ap
/
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Petitioner,
vs. Case No. 2001041101
AMERICA SENIOR LIVING OF FORT WALTON BEACH
d/b/a WESTWOOD HEALTH CARE,
The Respondent.
/
ADMINISTRATIVE COMPLAINT
COMES NOW the AGENCY FOR HEALTH CARE ADMINISTRATION
(“AHCA”), by and through the undersigned counsel, and files
this Administrative Complaint against the Respondent,
AMERICA SENIOR LIVING OF FORT WALTON BEACH d/b/a WESTWOOD
HEALTH CARE, pursuant to Section 120.569, and 120.57,
Florida Statutes, and alleges:
NATURE OF THE ACTION -
1. This is an action to impose an administrative
fine in the amount of $2,500 against AMERICA SENIOR LIVING
OF FORT WALTON BEACH @/b/a WESTWOOD HEALTH CARE, pursuant
to Section 400.102, Florida Statutes.
JURISDICTION AND VENUE
2. This tribunal has jurisdiction pursuant to
Sections 120.569 and 120.57, Florida Statutes.
3. Venue shall be determined pursuant to Rule 28-
106.207, Florida Administrative Code.
PARTIES
4. AHCA is the regulatory agency responsible for
licensure of nursing homes and enforcement of all
applicable federal regulations, state statutes and rules
governing skilled nursing facilities pursuant to the
Omnibus Reconciliation Act of 1987,Title IV, Subtitle c (as
amended); Chapter 400, Part II, Florida Statutes, and;
Chapter 59A-4 Fla. Admin. Code, respectively.
S. WESTWOOD HEALTH CARE is a_ skilled nursing
facility in the State of Florida, whose 60 bed nursing home
is located at 1001 Mar Walt Drive, Fort Walton Beach,
Florida 32548. WESTWOOD HEALTH CARE is licensed as a
skilled nursing facility license #SNF1602096; certificate
number 8818 effective March 6, 2002. WESTWOOD HEALTH CARE
was at all times material hereto, a licensed facility under
the licensing authority of AHCA, and was required to comply
with all applicable regulations, statutes and rules.
COUNT I
THE FACILITY FAILED TO ENSURE THAT EACH RESIDENT RECEIVES
ADEQUATE SUPERVISION AND ASSISTANCE DEVICES TO PREVENT
ACCIDENTS.
42 CFR 483.25 (nH) (2);
SEcTION 400.23(8) (B), FLA. STAT., AND;
RULE 59A-4.1288, FLA. ApMIN. CODE.
6. AHCA re-alleges and incorporates by reference
paragraphs (1) through (5) as if fully set forth herein.
7. AHCA surveyors conducted a survey of Respondent’s
facility on June 25-27, 2001. Staff interview, record
review and surveyor observation brought to light the
following:
a. Record review for Resident #2 revealed the
resident had previously fallen in June of 2000
and sustained a hip fracture. The admission
assessment completed on 11/20/00 failed to
indicate the occurrence of this fracture. A Fall
Risk Assessment completed on 11/10/00 identified
the resident as being at high risk for falls,
however, the resident’s plan of care did not
identify him/her as having problems with falls
until 4/20/01. Record review revealed the
resident sustained falls on 4/30/01, 5/3/01,
6/2/01, 6/13/01, and 6/23/01. Facility
documentation showed the cause of the fall to be
due to new shoes being worn by the resident.
There was no other documentation as to the cause
of the falls. An interview with facility staff
showed that the resident’s condition had been
discussed at a previous meeting and therapy was
3
asked to see the resident. There was no
documentation to confirm the referral. Further
conversations with the administrator on 6/27/01,
indicated that therapy staff had failed to assess
the resident in order to develop interventions to
prevent further accidents.
8. Respondent’s failure to ensure each resident
receives adequate supervision and assistance devices to
prevent accidents is a violation of 42 CFR 483.25 (H) (2).
9. Respondent’s failure to ensure each resident
receives adequate supervision and assistance devices to
prevent accidents is a violation of Rule S59A-4.1288, Fla.
Admin. Code.
10. Respondent’s failure to ensure each resident
receives adequate supervision and assistance devices to
prevent accidents is a class II deficiency as defined in
section 400.23(8) (b), Fla. Stat. -
CLAIM FOR RELIEF
WHEREFORE, the Agency respectfully requests the
following relief:
1). Factual and legal findings in favor of the
Agency on Count I;
2). Imposition of a $2,500 administrative fine.
Respondent is notified that it has a right to request an
administrative hearing pursuant to Section 120.569, Florida
Statutes. Specific options for administrative action are
set out in the attached Election of Rights (one page) and
explained in the attached Explanation of Rights (one page).
All requests for hearing shall be made to the Agency for
Health Care Administration, and delivered to the Agency for
Health Care Administration, Building 3, MSC #3, 2727 Mahan
Drive, Tallahassee, Florida, 32308; Christine Tt. Messana,
Senior Attorney.
RESPONDENT IS FURTHER NOTIFIED THAT THE FAILURE TO
REQUEST A HEARING WITHIN 21 DAYS OF RECEIPT OF THIS
COMPLAINT WILL RESULT IN AN ADMISSION OF THE FACTS ALLEGED
IN THE COMPLAINT AND THE ENTRY OF A FINAL ORDER BY THE
AGENCY.
Respectfully submitted.
Dated this Cth day otha ¢! cf 2002. NS Lh
Christine T? “um
Fla. Bar. No. 0153818
Counsel for Petitioner
Agency for Health Care
Administration
Bldg. 3, MSC#3
2727 Mahan Drive
Tallahassee, FL 32308
(850) 922-5873 (office)
(850) 413-9313 (fax)
cc: Elizabeth Dudek
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served by certified mail on this
Gur aay of Ass} 2002 to: AMERICAN SENIOR LIVING
OF FORT WALTON BEACH a/b/a WESTWOOD HEALTH CARE, 1001 Mar
Walt Drive, Fort Walton Beach, Florida 32548,
Of ALE.
Christine T. Messana
Docket for Case No: 02-003510
Issue Date |
Proceedings |
Apr. 29, 2005 |
Agency Final Order filed.
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Jul. 09, 2003 |
Recommended Order (hearing held February 26, 2003). CASE CLOSED.
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Jul. 09, 2003 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Apr. 07, 2003 |
Agency`s Proposed Recommended Order filed.
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Apr. 07, 2003 |
Respondent`s Proposed Recommended Order (filed via facsimile).
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Mar. 18, 2003 |
Transcript filed. |
Feb. 26, 2003 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Feb. 21, 2003 |
Motion for Leave for Witness to Appear by Telephone (filed by Respondent via facsimile).
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Feb. 13, 2003 |
Petitioner`s Response to Respondent`s Request to Produce (filed via facsimile).
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Feb. 13, 2003 |
Petitioner`s Response to Respondent`s First Set of Interrogatories (filed via facsimile).
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Dec. 20, 2002 |
Respondent`s First Request to Produce to Petitioner (filed via facsimile).
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Dec. 20, 2002 |
Notice of Service of Interrogatories to Petitioner (filed by Respondent via facsimile).
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Dec. 10, 2002 |
Notice of Appearance (filed by U. Eikman via facsimile).
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Dec. 10, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for February 26, 2003; 9:30 a.m.; Shalimar, FL).
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Dec. 09, 2002 |
Motion for Continuance (filed by Respondent via facsimile).
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Nov. 12, 2002 |
Notice of Hearing issued (hearing set for December 19, 2002; 9:30 a.m.; Shalimar, FL).
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Nov. 08, 2002 |
Order of Consolidation issued. (consolidated cases are: 02-003510, 02-003512)
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Sep. 17, 2002 |
Response to Initial Order (filed by Respondent via facsimile).
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Sep. 17, 2002 |
Motion to Consolidate (cases requesting to be consolidated 02-3510 and 02-3512) (filed by Respondent via facsimile).
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Sep. 11, 2002 |
Initial Order issued.
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Sep. 10, 2002 |
Administrative Complaint filed.
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Sep. 10, 2002 |
Petition for Formal Administrative Hearing filed.
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Sep. 10, 2002 |
Notice (of Agency referral) filed.
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Orders for Case No: 02-003510
Issue Date |
Document |
Summary |
Apr. 15, 2005 |
Agency Final Order
|
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Jul. 09, 2003 |
Recommended Order
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Agency did not show a Class II violation; patient was subjected to only minimal harm and potential harm by falling. There was no sufficient harm to physical well being to equal a Class II violation. Retain Standard License and $500 fine.
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