STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, vs. CASE NUMBER: 97-11344 TIM P. REARDON, : BIT RESPONDENT i d / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as "Petitioner", and files this Administrative Complaint before the Board of Nursing Home “Administrators against TIM P. REARDON, hereinafter referred to as "Respondent", ‘and alleges: 1. “Effective July 1, 1997, 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. Pursuant to ‘the authority ‘of Section 20. BO), Florida’ Statutes, the Petitioner has . contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, a and prosecutorial services es required by the Division of Medical Quality Assurance, councils, or boards as appropriate including the issuance of emergency orders of suspension or restriction. - 2. . . Respondent i is, and has been at all time material hereto, a licensed Nursing Home Administrator in the State of Florida, having been issued license number NH 0003 174. 3. Respondent's last known address is 9100 SW 122 Place, #432, Miami, FL “33186. 4, At all times material hereto Respondent was the Nursing Home Administrator at the Gainesville Health and Rehabilitation Center (GHRC). 5. During or about March 1996, and July 1996, a certification survey and revisit were conducted respectively at GHRC by the Agency for Health Care Administration (AHCA). 6. The 1996 survey and revisit revealed that GHRC failed to promote care for residents in a manner and environment that maintained or enhanced their dignity and failed to ensure that medical staff medication errors remained at a rate of five percent or less. 7. . On or between February 10" through the 14", 1998 a certification survey . was conducted at GHRC by AHCA. 8. The survey conducted in February 1998,‘ revealed that the above mentioned deficiencies cited in the previous surveys had stil not been corrected. Specifically, the AHCA surveyors found the following: . @ ‘residents: were observed ambulating i in the facility without shoes or socks; (b) residents were observed in general states of disarray; specifically, residents were observed as having on stained and dirty clothes and having excessively long and dirty fingernails; . (c) with regard the rated of medication errors, the surveyors found that several residents were not receiving the proper form or dose of medications. 9. As the GHRC administrator, Respondent was responsible for implementing appropriate patient care procedures to ensure that the above mentioned deficiencies found in the 1996 survey were corrected. Respondent failed to do so. 10. As the GHRC administrator, Respondent was responsible for implementing appropriate procedures and training to ensure the dignity of each resident was protected to the fullest extent possible. Respondent failed to do so. A subsequent report from the Florida Department of Law Enforcement indicates there was an arrest history. 11. During. the February 1998 survey, AHCA surveyors observed the following deficiencies with respect to available social services and health care: (a) failure to provide patient care and adaptive equipment; (b) failure to provide on-going assessment of patient care and of resident social services needs. 12. As the GHRC . administrator, Respondent. was responsible for implementing procedures to ensure that each resident had access to social services to maintain the highest level of physical and mental function possible. Respondent failed to . 13. TheF ebruary 1998 survey revealed that GHRC did not have housekeeping ~ and maintenance services necessary to maintain the facility in a sanitary condition. The surveyors made the following observations: . — (a2) ; “the windows on resident halls were dirty; (b) __ several resident rooms were observed as having dirty window drapes; SERENE EET ro ore ee W Wd - (c) in several areas of the facility the walls were found to be splattered with foreign material; ~ (d) patient care equipment was found to be dirty or in disrepair; for example, ie wheelchairs were observed as missing pieces of vinyl; dried foreign material resembling food and fecal matter was seen on several pieces of equipment; (e) there was an insufficient supply of linens; facility residents and staff members informed the surveyors that frequently there were not enough linens to change - residents’ beds or for resident use in bathing. 14. As the GHRC administrator, Respondent was 's responsible for ensuring that the facility had the services and supplies necessary to maintain a sanitary environment. ~ Respondent failed to do so. . COUNT ONE 15 : Petitioner realleges and i incorporates by reference paragraphs one (1) through fourteen (14). 16. Based on the foregoing, Respondent ‘ s license to practice nursing home administration is subject to discipline Pursuant to Section 468. 1755), 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. . COUNT Two spe ease - Petitioner realleges and i incorporates by reference paragraphs ¢ one (0) through fourteen( 14). : 18, Based ¢ on nthe foregoing, Respondent s license to practice nursing home ; administration i is subject to discipline pursuant to Section 468.1755(1)(h), Florida cept ogee cage veer eee nee oe Ww | ) Statutes, for negligence, incompetence, or misconduct in the practice of nursing home administration. WHEREFORE, Petitioner respectfully requests that 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 * “Shannon E R. Flem: Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this [ALi day of , 2000. Robert G. Brooks, M.D. LED , Department of Health DEPARTMENT OF HEALTH DEPUTY CLERK cenk Webi RBar oare__1/1€/ 222° Nancy M. Snurkows! Chief Attorney General Counsel's Office-MQA Practitioner Regulation - Legal COUNSEL FOR PETITIONER: eth Senior Attorney -» Agency for Health Care “- Admi inistration Florida 32317-4229 (904) 487-9694 SF PCP 01072000

Docket for Case No: 00-000982