Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: LAKELAND HEALTH CARE CENTER, INC., D/B/A MEADOWVIEW LIFE CENTER
Judges: WILLIAM R. CAVE
Agency: Agency for Health Care Administration
Locations: Lakeland, Florida
Filed: Apr. 11, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 21, 2001.
Latest Update: Nov. 20, 2024
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
STATE OF FLORIDA ;
AGENCY FOR HEALTH :
CARE ADMINISTRATION,
Petitioner,
vs.
(Lakeland Health Care Center, Inc.,
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MEADOWVIEW LIFE CENTER
d/b/a Meadowview Life Center), i
Respondent.
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ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that after twenty one (21) days
from receipt of this Complaint, the Agency for Health Care
Administration (hereinafter referred|to as the "Agency") intends
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to impose a civil penalty in the amount of $33,600.00 upon
Meadowview Life Center (hereinafter referred to as
"Respondent"). As grounds for the imposition of this civil
penalty, the Agency alleges as follows:
(1) The Agency has jurisdiction over the Respondent
pursuant to Chapter 400, Part II, Florida Statutes.
(2) Respondent is licensed to operate as a Nursing Home at
1350 Sleepy Hill Road, Lakeland, Florida 33810, in compliance
with Chapter 400, Part II, Florida Statutes, and Chapter 59A-4,
Florida Administrative Code.
(3) The Respondent has violated the provisions of Chapter
400, Part II, Florida Statutes, and provisions of Chapter 59A-4,
Florida Administrative Code, in that it repeated and/or failed
to correct, within the mandated time frame, (7) deficiencies
cited during the survey of April 10,/1998. These deficiencies
set forth below, were still uncorrected when a follow-up visit
was made on May 10, 1998:
(a) The Respondent failed to develop written policies and
procedures for the admission of residents to the
locked Alzheimer’s area.
This is a violation of Sections 400.102, 400.121, 400.23, and
400.022(0), Florida Statutes. Fine: $700.00.
(b) The Respondent failed to maintain the facility,
equipment, and furniture, clean and repaired, and
provide adequate housekeeping in such a way to
prevent unsafe and/or unsanitary interior.
This is a violation of Sections 400.102, 400.121, and 400.23,
Florida Statutes, and Rule 59A-4.122(2)a, Florida Administrative
Code. Class III deficiency. Fine: $700.00.
(c) The Respondent failed to develop a comprehensive
care plan for each resident).
This is a violation of Sections 400.102, 400.121, and 400.23,
Florida Statutes, and Rule 59A-4.109(2), Florida Administrative
Code. Class II deficiency. Fine: $1,500.00.
(d) The Respondent failed to ensure that the resident
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environment remains as free of accident hazards as
Is possible.
This is a violation of Sections 400.102, 400.121, and 400.23,
Florida Statutes, and Rule S9A-4.122(1), Florida Administrative
Code. Class I deficiency. Fine: $10,000.00.
(e) The Respondent failed to employ sufficient support
personnel competent to carry out the functions of
the dietary service.
This is a violation of Sections 400.102, 400.121, and 400.23,
Florida Statutes, and Rule 59A-4.1288, Florida Administrative
Code. Class I deficiency. Fine: $10,000.00.
(£) The Respondent failed to ensure that meals were
served in a palatable manner.
This is a violation of Sections 400.102, 400.121, and 400.23,
Florida Statutes, and Rule 59A-4.1288, Florida Administrative
Code. Class III deficiency. Fine: $700.00.
(g) The Respondent failed to store, prepare, distribute
and serve food under sanitary conditions.
This is a violation of Sections 400.102, 400.121, and 400.23,
Florida Statutes, and Rule 59A-4.1288, Florida Administrative
Code. Class I deficiency. Fine: $10,000.00.
(4) The above referenced violations constitute grounds to
levy this civil penalty pursuant to Section 400.102(1)c, Florida
Statutes, in that the above referenced conduct of Respondent
constitutes a violation of the mindimm standards, rules and
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regulations for the operation of a nursing home.
(5) Notice was provided in writing to the Respondent of
each of the above violation(s) and the time frame for
correction.
(6) Respondent is notified that it has a right to request
an administrative hearing pursuant to Section 120.57, Florida
Statutes, to be represented by counsel (at its expense), to take
testimony, to call or cross-examine witnesses, to have subpoenas
and/or subpoenas duces tecum issued, and to present written
evidence or argument 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. In order to obtain a formal proceeding under
Section 120.57(1), Florida Statutes, your request for an
administrative hearing must conform to the requirements in Rule
29-5. 201, Florida Administrative Code, and must state which
issues of material fact you dispute. Failure to dispute
material issues of fact in your request for a hearing may be
treated by the Agency as an election by you of an informal
proceeding under Section 120.57(2), Florida Statutes. All
requests for hearing shall be made to the Agency for Health Care
Administration, Division of Health Quality Assurance, 6800 North
Dale Mabry Highway, Suite 220, Tampa, Florida 33614; Attention:
Thomas W. Caufman, Senior Attorney. Payment of fines shall be
sent to the Agency for Health Care Administration, P.O. Box
13749, Tallahassee, Florida 32317-3749. (Please reference the
case number and facility name on the front of your check).
(7) RESPONDENT IS FURTHER NOTIFIED THAT FAILURE TO REQUEST
A HEARING WITHIN TWENTY ONE (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.
I HEREBY CERTIFY that a true copy was sent by U.S.
Certified Mail, Return Receipt (Number Z 259 496 131), to Steven
R. Bradley, Registered Agent for Lakeland Health Care Center,
Inc., 1901 Morrill Street, Suite 208, Sarasota, Florida 34236,
on the £37 day of Aprek _, 1999.
gency for Health Care
Administration
Division of Health Quality
Assurance
Copies furnished to:
Administrator
Meadowview Life Center
1350 Sleepy Hill Road
Lakeland, Florida 33810
Docket for Case No: 01-001352
Issue Date |
Proceedings |
Dec. 06, 2002 |
Final Order filed.
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May 21, 2001 |
Order Closing File issued. CASE CLOSED.
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May 18, 2001 |
Motion for Continuance (filed by Respondent via facsimile).
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Apr. 20, 2001 |
Order of Pre-hearing Instructions issued.
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Apr. 20, 2001 |
Notice of Hearing issued (hearing set for May 31, 2001; 9:00 a.m.; Lakeland, FL).
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Apr. 19, 2001 |
(Joint) Response to Initial Order (filed via facsimile).
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Apr. 12, 2001 |
Initial Order issued.
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Apr. 11, 2001 |
Petition for Formal Administrative Hearing filed.
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Apr. 11, 2001 |
Administrative Complaint filed.
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Apr. 11, 2001 |
Notice (of Agency referral) filed.
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