tek, FILED - STATE OF FLORIDA 1PR 29 oy AGENCY FOR HEALTH CARE ADMINISTRATION . State of Florida, Agency for Health Care Administration, Petitioner, vs. . . OPC No. —H-231-! : Ol- 144 Westchester Medical Center Respondent. | ADMINISTRATIVE COMPLAINT AUYUMIN DI Ae YOU ARE HEREBY NOTIFIED that after 21 days from receipt of this Complaint, the State of Florida, Agency for Health ‘Care Administration ("Agency" or "AHCA") intends to impose an administrative fine in the amount of $10,000 upon the Westchester Medical Center. As grounds for the ‘imposition ‘of this administrative fine, _. the Agency alleges as follows: 1. The Agency has jurisdiction over the subject matter and pursuant to the - provisions of Chapter 395, Florida Statutes. 2. _ The Respondent, Westchester Medical Center, is licensed by the Agency to operate at 2500 S.W. 75" Avenue, Miami, Florida and is obligated to operate the hospital in ‘compliance with Chapter 395, Florida Statutes, and Chapter 59A-3, Florida Administrative Code. seam Rhee Bans nae comune ok Bea os ke ~~, 3. On October 17, 2000, a survey team from the Agency's Office of Plans and Construction ("OPC") conducted a construction survey of project H-231-I to renovate and remodel the Pharmacy. During this survey, it was noted that Westchester Medical Center had undertaken renovation and remodeling work prior to approval of : construction documents by the Office of Plans and Construction. Construction area was not under negative air pressure. Two recirculating fans were blowing air out into the corridor. The pharmacy hood was located inside a private office instead of being in the Pharmacy itself. No hand-washing sink was observed inside the Pharmacy. There was no temporary separation between the construction and occupied areas. There was no for the revised project scope. The construction documents for revised work were not submitted for review and approval. 4. Westchester Medical Center has violated Chapter 395.0163(1), Florida Statutes, and Chapter 59A-3.080(1), Florida Administrative Code, in that it proceeded with construction of its revised project without first obtaining the written approval of the Office of Plans and Construction. 5. The above-referenced violations constitute sufficient grounds to levy an administrative fine pursuant to Chapter 395.1065(2)(a), Florida Statutes in the amount of up to $1,000 per violation per day. 6. The Agency hereby imposes an administrative fine in this case of $10,000 without waiver of its right to ‘take other ‘appropriate action pursuant to law should Westchester ‘Medical Center continue to fail to comply with Chapter 395.1063(1). NOTICE Respondent, Gilda Baldwin D/B/A Westchester Medical Center is hereby notifi ed that it has. ‘the right to request an administrative hearing pursuant to Chapter 120.57, ~ Florida Statutes, to be represented by counsel (at its own expense), to take testimony, to call or cross- -examine witnesses, to have subpoenas and/or duces tecum issued, and to present written evidence or argument if it requests a hearing. Chapter 59-1, Part Il, “DAYS Florida Administrative Code, constitutes the Agency's procedural. rules for administrative proceedings resulting from this complaint. In order to obtain a formal proceeding under Chapter 120.57(1), Florida Statutes, your request for administrative hearing must conform to the requirements in Rule 28106. 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 for an informal proceeding under Chapter 120.57(2), Florida Statutes. All requests for hearing should be made to the Agency for Health Care Administration; Attention: R. S. Power, Agency Clerk, Senior Attorney, 2727 Mahan Drive, Bldg. 3; Tallahassee, Florida 32308. All payment of fines should be made by check, cashier's check or money order and payable to the Agency for Health Care Administration for deposit to the Plans and “Construction Trust Fund. All checks, cashier's checks and money orders should identify the complaint number referenced on Page 1 of this complaint and should indicate that the payment is for an administrative complaint issued by the Office of . Plans and Construction. All payment of fines should be sent to the Agency for Health Care ‘Administration: Attention: James R. Gregory, Bureau Chief, Office of Plans and Construction, 2727 Mahan Drive, Bidg. 4, Suite 145, Tallahassee, Florida 32308 RESPONDENT, GILDA BALDWIN. DIBIA WESTCHESTER MEDICAL CENTER 1S FURTHER NOTIFIED THAT THE FAILURE TO REQUEST A HEARING WITHIN 21 IS ‘COMPLAINT WILL RESULT IN "AN “ADMISSION OF THE FACTS ALLEGED IN THE COMPLAINT AND THE ENTRY OF A FINAL ORDER BY THE AGENCY. ISSUED this 12 day of Febuary 2001. Agency for Health CarevAdministration "9727 Mahan Drive, Bidg. 1, Suite 145 Tallahassee, Florida 32308 NA > CERTIFICATE OF SERVICE | HEREBY CERTIFY that the original complaint was sent by U.S. Mail, Return receipt Requested, to Westchester Medical Center, 2500 S.w. 75™ Avenue, Florida, 33155 on this 12"" day of February, 2001 and that copies were sent by U.S. Mail on the same date to the following: Elizabeth Dudek Acting Deputy Director Managed Care and Health Quality Agency for Health Care Administration 2727 Mahan Drive Tallahassee, FL 32308 MS-12 Richard Patterson General Counsel Agency for Health Care Administration - 2727 Mahan Drive Tallahassee, FL 32308 MS-3 Plans & Construction Area Office Team D Agency for Health Care Administration 2727 Mahan Drive, Bldg. 1, Suite 145 _Tallahassee, Florida 32308 sper oe

Docket for Case No: 01-001649