U Nw] o FILEO STATE OF FLORIDA ° mw H9 ANTE 45 DEPARTMENT OF HEALTH 0); eae DEPARTMENT OF HEALTH, ADM ne g WE Petitioner, vs. Case No. 98-22841 ROLAND B. McCORKLE, N.H.A., S Y Respondent. OO Oat 3 / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Nursing Home Administrators against ROLAND B. McCORKLE, N.H.A., hereinafter referred to as “Respondent,” and alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing home administration pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 468, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration, hereinafter referred to as the “Agency,” to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate, including the issuance of emergency orders of suspension or restriction. 13, WU er Respondent is and has been at all times material hereto, a licensed nursing home administrator pursuant to Chapter 468, Florida Statutes, having been issued license number NH 0003079. Respondent’s last known address is 12329 Mandarin Road Jacksonville, Florida 32223. At all times material hereto, Respondent was the Nursing Home Administrator for the facility known as Hilliard Manor, having been employed there from approximately April 12" 1997, to October 28, 1998. On or between October 6" and October 16", 1998 an annual survey inspection of Hilliard Manor was conducted by the Agency. The survey revealed that the Respondent did not protect the residents from inappropriate restraint. The survey revealed that the Respondent did not protect the right of residents to receive adequate and appropriate care. The survey showed that the Respondent failed to promptly notify physicians of changes in residents’ medical status. . The survey showed that the Respondent abdicated his responsibility to direct and be in charge of the facility by deferring to decisions made by the D.O.N. . An expert retained by the Agency opined that the Respondent’s failure to accept responsibility for conditions at the facility indicates poor, even negligent, judgment. COUNTI . Petitioner realleges and incorporates by reference the allegations in paragraphs one (1) through eleven (11) as if fully stated herein. Based on the foregoing, the Respondent’s license to practice nursing home administration in the State of Florida is subject to discipline pursuant to Section 14, 15. Nw NS 468.1755(1)(g), Florida Statutes, for negligence, incompetence, or misconduct in the practice of nursing home administration. COUNT IL Petitioner realleges and incorporates by reference the allegations in paragraphs one (1) through eleven (11) as if fully stated herein. Based on the foregoing, the Respondent’s license to practice nursing home administration is subject to discipline pursuant to Section 468.1755(1)(k), Florida Statutes, for repeatedly acting in a manner inconsistent with the health, safety, or welfare of the patients of the facility in which he or she is the administrator. YU Ne] WHEREFORE, Petitioner respectfully requests the Board of Nursing Home _ Administrators enter an Order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this day of 1999, Robert G. Brooks, M.D. Secretary, Department of y: Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: Christine T. Messana C - M. Attorney FL Bar # 015318 Agency for Health Care Administration General Counsel’s Office - MQA Allied Health P.O. Box 14229 Tallahassee, FL 32317 - 4229 (850) 410-3470 CTM/ctm F \ LE D DEPARTMENT OF HEALTH i EPUTY CLERK DATE: CLERK Hy it Q. Owe, pare BU

Docket for Case No: 00-000293