| j | APR. 7.2088 12: @3Pr4 AHCA-HOA?/FIELD OPS . , f NO. att Pies? ™ fo Sworn! . - : . f ; Me ae . . wy gsalllie"dingna ibs bess Jf d fe . i . J STATE OF FLORIDA ae Mf a 00- “tg iO “AGENCY 3 FOR HEALTH CARE ADMINISTRATION ae . STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINIS TRAT: TON ’ Petitioner, -BHCA 1 ‘NO: q- -96- “1A4-ALF- 3 vs. E.H. and H.H., d/b/a The Family Living Center, Raspondents . se seetasanien a ane samurai etveetarmaenr eyes ADMINTSIHASTVE COMPLAINT YOU ARE “HEREEY NOTIFIED that after ‘twenty-one (21) days ‘from the receipt of this “complaint, ‘the ‘Agency. for Health care Administration (hereinafter referred to as the ‘“Agency”) intends to REVOKE the Assisted Living Facility (“ALE”) license of E.E. and H. He, a/pla The Family Living center, (heres after” refetted | ‘to as “apspondents" upon the following grounds: J) The Agency has jurisdiction ever the Respondents pursuant to Chapter 400, Part IIT, Florida Statutes. (2) The Respondents are licensed to operate as an ALF antiey Road, Altamonte Springs, Florida _ APR. 7.2688 12:83PM RHCAZHOA?/FIELD OPS NO. 447 P.3/7 wd wy) 32714, in compliance with Chapter 400, Part III, Florida Statutes, and applicable » rules. ay He and . H. are “the owners, ‘operators, and administrators of ‘The Family Living Center ALF and have access to the ‘residents “Of ‘the ‘facility. a 4) E. He and i. H. are named as confirmed perpetrators of adult neglect in report #97 0311705 which has been ‘upheld following a 2 Chapter 120 ‘hearing jn DOAH Case Nos. 97— ~3810C_ and oT -3621¢ (Final order attached) . (5) From “January through March 18, 1997, Respondents. owned, “administered, and operated The Family Living Center at 113. West Lake Brantley Road, Altamonte Springs, Florida (the stacility”) . . a (6) From January through March 18, 1997, E.A. resided in “the Baue. (7) E.A. was a male, ‘porn on April 6, 1912. He was an elderly person and a disabled adult. gy EL A. was impair ysical” nobility due to a history of strokes. “He needed ‘assistance with bathing, dressing, eating, and toileting. He was completely dependent on staff in the facility to “provide ‘his daily , «living needs. (9) From January through March 18, 1997, B.A. was bedridden for more than seven days. He had bedsores or me APR. 7.2088 12:63PM RHCAYHOA?/FIELD OPS ‘NO, 447 P.4/7 skin breaks that were properly classified as stage two, three, or four pressure sores. (10) From March 2-18, 1997, E.A. suffered from a stage “three decubitus sore on his coccyx. During that time, the sore grew worse. (11) The wound bed of the sore grew to five inches by three inches and turned a darkened brown. An eight-inch ) reddened area surrounded the wound bed. Bloody drainage “and tan, serous drainage appeared in moderate amounts. (12) On March 19, 1997, the Department of Children and Families removed E.A. from the facility and admitted E.A. to a local hospital. Hospital stati diagnosed the Sooubitue a sore on ‘E. ‘A. "s ‘CaCcYyX, “at the time i: admission, ‘as a stage five ulcer. . (13) From January through March (18, 1997, Respondents were responsible for determining the “appropriateness of Ee AAS ‘continued placement 3 in the, facility. Respondents knew that E/A: was bedridden in excess of seven days, had PREG addaeeata diese sores, and needed care beyond that which the facility was — “licensed to provide. Respondents knew that E.A. did not meet. either the residency criteria for the facility or the adnission criteria and standards prescribed . in Florida Administrative code Rule LORS. o1e1. age 2-4 pressure APR. 7.2688 12:84PM AHCACHOA? “FIELD OPS NO. 447 P.O“? ne a, (14) From January through March 18, 1997, Respondents neglected E.A. by providing E.A. with inadequate care. Neither Respondents nor their staff at the facility had any training in assessing or treating pressure sores. Nor were they providers of skilled nursing services. Facility staff was unable to adequately manage E.A.'s bed sore, and the sore became worse. (15) From 1 January through March 18, 1987, Respondents neglected ELA. by failing to move B.A. to a facility licensed to provide E.A. with adequate care and by otherwise failing to comply with the procedures prescribed in Section 400.426(8) for transferring E.A. to an Sppraprista ee (16) From January through March 18, 1997, E.A. was incontinent for both bowel and bladder control. Respondents Reglected | E. A. by failing to adequately follow appropriate measures | For infection control, including _ frequent changing of " dressings, cleaning the wounds of fecal and urine contaminatio , and | keeping E. -A.! Ss Bedding ay. = espondents committed negligent acts which ) seriously affected the health, safety and welfare of a resident of the facility. cee ee cee ppp nee opentemenaee sor cope i oy APR. 7.2008 12:@4PM AHCA“HOA?T“FIELD OPS an NO. 44? P.6/7 OL ~ (1a) The Agency has ; grounds “to revoke the ‘Respondents’ ALF license. pursuant to Section 400, 414 ( (2) (a) and (£), . Florida Statutes. (a3) “Respondents are notified that they ‘have a right to request an administrative hearing pursuant. ‘to Section 120.57, Florida Statutes, to be represented } by counsel (at its ‘expense), to take testinony, to call or cross~ examine witnesses, to have : subp nas and/or cubpoenas duces tecum issued, and to present written evidence or sequment if it requests a hearing. ‘Chapter “59-1, Part II, Florida Administrative Code, constitutes the Agency’ s procedural rules for administrative proceedings resulting from this complaint. ‘tn order to obtain a formal proceeding under ~ Section 12 tatutes, you r request for an administrative hearing must conform to ‘the requirements in Rule 28- 5. Lea Fl rida Administrative ode, and must state ; _ Which issues of material fact you dispute. Failure to - dispute material issues of fact in your request for ; a as an election by you "Division fo] ity, ‘Assurance, “6800 North Dale Mabry . “APR. 7.2088 12:84PM AHCAYHOA?“FIELD OPS NO. 447 Pie? ss ad Highway, Suite 220, Tampa, Florida 33614; attention Thomas W. Caufman, Senior Attorney. “(20) _ RESPONDENTS ARE ‘FURTHER NOTIFIED “THAT FAILURE TO , REQUEST } A HEARING WITHIN: TWENTY~ ONE (2h) DAYS oF RECEPT OF THIS COMPLAINT WILD RESULT IN aN ADMISSION OF THE FACTS ALLEGED IN THE COMPLAINT AND THE ENTRY OF A PINAL ORDER BY THE AGENCY. I HEREBY CERTIFY that a true copy: hereot was sent by v. S. Certified Mail, ‘Return Receipt (wumbex P 369 700 704) _ Requested, to z. z, “and i. Hey The Fenily Living Center, 1131 West ake Brantley Road, ‘Altamonte springs, Florida 32714, on the ZA, day 02 Catala zboy~ _, 1998. . LINDA PARKINSON Araa_ Supervisor °~ Agency ‘for Health Care —_ Administration Division of Health Quality Soopers

Docket for Case No: 00-001610