a, oe “ | My, S& STATE OF FLORIDA 7,0 AGENCY FOR HEALTH CARE ADMINISTRATION Wve ty * ELS a te STATE OF FLORIDA, Tiff) On Q> AGENGY FOR HEALTH CARE OL. ADMINISTRATION, Petitioner v. CASE NO.: HEALTH CENTRAL, Respondent. _— A rere ADMINISTRATIVE GOMPLAINT Petitioner, STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION (‘Agency’) by and through the undersigned hereby issues this Administrative Camplaint against Resporident, HEALTH CENTRAL, for violation of state hospital licensure law, and imposes administrative fines in the amount of $25,000. As grounds for the imposition of such administrative fines, the Agency states: 1. The Agency has jurisdiction over Health Central and the enforcement of hospital licensure law pursuant to Chapter 395, Florida Statutes. 2. Health Central is a “general hospital’ within the meaning of Section 395.002(11), Florida Statutes. 3. -The Agency conducted-a site visit’survey on or about August 9, 2000, purstlantte:Secticn.395.0161, Florida Statutes, and has determined that Health Central-has violated hospital licensure regulations:‘and is subject to finesy: pursuant to Sections 395.0193(2){e) and 495.0193(6), Florida Statutes, as follaws. |. Violations of State Hospital Licensure Law 4. Hospitals are required, as a matter of licensure, to provide for the peer review of physicians who provide care at their facilities, pursuant to Section 395.0193(2), Flarida Statutes. A peer review committee or “medical review cammittee" is defined as a committee of a hospital which is formed to evaluate and improve the quality of health care rendered by providers af health services. Section 766.101(1)(a)1., Fla.Stat. (1999). 5. The proceedings and records of peer review committees are nat subject to inspection under public record law and are not subject to discovery or introduction into evidence in any civil or administrative action. Sections 395.0193(7) and 766.101(5), Fla.Stat. (1999). 8. Hospitals are required to develop written, binding procedures by which peer review is to be conducted, including the: Recarding of agendas and minutes which do not contain confidential material, for raview by.the Division of-Health Quality. Assurance-of-the agency.” Section 395.0193(2)(e), Fla.Stat. (1999). 7. Health Central refused Agency access during the survey of Auqust 9; 2000 to peer review "minutes which do not contain confidential material” in violation of Section 395.0193(2)(e). As such, the Agency is unable to adequately assess.the.compliance of Heaith-Central with the peer review requirements :of «+ Section :396.0193.. w ll. Fines for Violation of State Hospital Licensure Law 8. The Agency possesses the authority to levy a fine of up to $25,000 per Violation, per day, for each intentional and willful violation of Section 395.0193, Florida Statutes. 9. The Agency hereby assesses an administrative fine against Health Central of $25,000 for intentionally and willfully refusing Agency access ta peer review minutes which do not contain confidential material pursuant to Sections 396:0183(2)(6) and $95:0783(6), ‘Florida Statutes. UL_Rights To A Hearing , 10. Health Central has a right to request an administrative hearing fursuant to Section 120.569, Florida Statutes, to be represented by counsel, to take testimony, to call or cross-examine witnesses, and to have argument if a hearing is requested. In order to obtain a formal proceeding under Section 120.57(1), Florida Statutes, Health Central's request for a formal hearing must set forth with specificity disputed issues of rnaterial fact. Failure to so set forth such disputed issues of material fact may be treated by the Agency as an election of an informal proceeding. pursuant to Section 120.57(2), Florida . Statutes. Mediation pursuant to Section 120.573, Florida Statutes is not avallable in this matter. A request for hearing shall be filed with: Agency for Health Care Administration, 2727 Mahan Drive, Building #3, Tallahassee, Florida 32308-5403, Attention: Sam Powers, Agency Clerk, General Counsel's Office, with a copy to Joel Libby, Agency for Health Care Administration, Hurston Tower South, 400 W. Robinson Street, Orlando, Florida 32801. Health Central should include a copy of this administrative complaint with any request for hearing. 41. tf Health Central does not contest the matters asserted in this administrative complaint, the amount of the total fine should be remitted by check or money order payable to: Mark S. Thomas, General Counsel's Office, Agency for Health Care Administration, 2727 Mahan Drive, Building #3, Tallahassee, Florida 32308-5403. 12. Failure to pay the fine or request an informal or formal hearing within twenty one (21) days of receipt of this complaint will result in an admission of the facts alleged herein and an entry of a final order based upon such facts by the Agency. AGENCY FOR HEALTH CARE T \ | I t | [ i t State of Florida Agency for Health Care Administration Hurston Tower South 400 W. Robinson Street Orlando, Florida 32801 CERTIFICATE OF SERVICE { hereby certify that this Administrative Complaint was sent by U.S. Certified Mail Return Receipt Requested to: Wendy S. Cimini Vice President Health Central 10000 West Colonial Drive Ocoee, Florida 34761 ~ this V2 day of November, 2000.

Docket for Case No: 01-000131