Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: LORENE PERONA
Judges: LARRY J. SARTIN
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jul. 18, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 12, 2001.
Latest Update: Dec. 22, 2024
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SENDERS RECORD i
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION ==>
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STATE OF FLORIDA, AGENCY FOR ~ Re
HEALTH CARE ADMINISTRATION, Bae
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Petitioner, ; ee
vs. AHCA NO; 02-01-01 16-RM
LORENE PERONA,
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Respondent.
Petitioner, STATE OF FLORIDA, AGENCY FOR HEALTH CARE
ADMINISTRATION (“Agency”), by and through its undersigned counsel,
les this administrative complaint against Respondent, LORENE
PERONA (‘RESPONDENT’), for violations of Chapter 395, Florida
Statutes, governing risk management licensure. In support thereof, the
Agency states the following:
1. Petitioner is the state agency charged with regulating the
ractice of risk management pursuslit to Chapter 395, Florida Statutes,
and Rule 59A-10, Florida Administrative Code.
2. RESPONDENT, is and has been at all times material hereto,
a licensed Risk Manager in the State of Florida, having been issued
license number 5501946 on certificate number 566 |
3. RESPONDENT's last known address is, P.O. Box 188, Fort
Pierce, Florida 34954-0188.
EXHIBIT
4. Atall times material hereto, RE! RESPONDENT was employed by
Lawnwood Regional Medical Center (Lawnwood”), located at 1700 S. Qgr4
Street, Fort Pierce, Florida. 34950. The employer facility’s license number
is 100246.
5s. The Agency conducted a risk management survey of
Lawnwood on or about January 11, 2000 ,
6. Pursuant to section 395,0197(5){a)(1), Florida Statutes, for
purposes of reporting to the Agency, the term “adverse incident" means
an event over which health care personnel could exercise control and
which is associated in whole er in part with medical intervention, rather
than the condition for which such intervention occurred, and which
results in death. |
7. Pursuant to section 395.0197(5)(c), Florida Statutes, for
purposes of reporting to the Agency, the term “adverse incident" means
an event over which health care personnel could exercise control and
which is associated in whole or in part with medical intervention, rather .
than the condition. for which such intervention occurred, and which
required the surgical’ repair “of damage ‘tesulting to a patient from 2
planned surgical procedure, where the damage was not a recognized .
specific risk, as disclosed to the patient and documented through the
informed consent process.
8. Risk Managers are required to report the following adverse
incidents whether occurring in the licensed facility or arising from health
’
care prior to admission in the licensed facility to the agency within fifteen.
(15) calendar days after their occurrence, pursuant to §2395.0197(8),
Florida Statutes:
a. The death of a patient
g The surgical repair of damage resulting to a patient from a
planned surgical procedure, where the damage is not a recognized
specific risk , a5 disclosed to the patient and documented through
the informed consent process.
9. The January 11, 2000 survey disclosed that patient W.A.
was admitted through the emergency room for jaw, back and neck pain
with a history of diabetes, congestive heart failure, coronary artery
disease and a leaky heart valve. During an exploratory laparotomy to rule
out rupture of an abdominal aortic aneurysm, W.A. expired.
Postoperative diagnosis stated that the abdominal pain was most likely
due to myocardial infarction and two xray summary reports indicate
congestive heart failure. No abdominal aortic aneurysm was found
during W.A.’s laparotomy.
10. The death of WA. was an: adverse event as defined by section
395.0197(5)(a)(1), Florida Statutes and was not reported to the Agency as
required by section 395.0197(8)(a), Florida Statutes.
11. During the survey conducted on January 11, 2000, the
Agency found another unreported incident which met the criteria of a
reportable adverse event. Patient J.B.. underwent three different surgical
procedures te correct complications of an infection of the sternum, J.B.'s
infection was a postoperative noscomially acquired infection that arose
asa result of having undergone coronary artery bypass grafts. The
infection constituted an adverse event as defined by section
395.0197(5)(a)(6), Florida Statutes and was not reported to the Agency as
mandated pursuant to section 395.0 197(8)(g), Florida Statutes.
12. Pursuant to Rule 59A-10.0055(3), Florida Administrative
Code, the risk manager shall be. responsible for the regular and
systematic reviewing of all incident reports including fifteen day incident
reports for the purposes of identifying trends or patterns as fo time place
or persons. ,
13. The risk manager could not provide documentation of
investigation, analysis, tracking and trending for the two patient incident
investigations requested during the January 11, 2000 survey.
Additionally, there was no tracking and trending of Infection Control
issues, or physician performance issues into the risk management
evaluation process that is supposed to be implemented in any patient
Injury case. -
14, Based on review of risk management documents, incident
reports, clinical records, facility documents and interview with the risk
manager/designee and other key personnel, the Agency determined that
RESPONDENT failed to regularly, eystematically review all incident
9S CEERI a
reports to track and trend patterns as to time, place er persons, as
required by Rule 59A-10.0055(3), Florida Administrative Code.
15. Through negligence, incompetence, or misconduct,
RESPONDENT failed to report the above-mentioned adverse events to the
Agency as required by §395.0197(8), Florida Statutes, and failed to track
and trend adverse incident reports as required by Rule 59A-10.0055(8),
Florida Administrative Code.
16. Based on the foregoing, RESPONDENT'S license to practice
risk management is subject to discipline pursuant to §895.10975(1) &
(2), Florida Statutes, for violation of §$95.0197(8)(a), Florida Statutes,
and Rule 59A-10,0055(3), Florida Administrative Code.
«17, The Agency intends to issue a final order that imposes one or
more of the following penalties against Respondent's license:
administrative fine not to exceed $2,500 for each count or separate
offense; revocation; suspension; issuance of a reprimand; or probation
for a period of time subject to such conditions as the Agency may specify.
NOTICE
Respondent is notified that she has a right to request an
administrative hearing pursuant to Section 120.57, Florida Statutes, to
he represented by counsel (at her own expense), to take testimony, to call
or cross-examine wimesses, to have subpoenas and/or subpoenas duces
tecum issued, and to present written evidence or argument if it requests
a hearing.
In order to obtain a formal proceeding under Section 120.57(1),
Florida. Statutes, Respondent's request must state which issues of
material fact are disputed. Failure to dispute material issues of fact in
the request for a hearing, may be treated by the Agency as an election by
Respondent for an informal proceeding under Section 120.57(2), Florida
Statutes. All requests for hearing should be made to ‘the Agency for
Health Care Administration, Attention: Sam Power, Agency Clerk, Senior
Attorney, 2727 Mahan Drive, Mail Stop #3, Tallahassee, Florida 32308.
RESPONDENT 15 FURTHER NOTIFIED THAT THE
FAILURE TO REQUEST A HEARING WITHIN 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.
tesued thie Ti day of June. _, 2001.
‘ 53 luna Sith
‘Anna Polk, Manager
Risk t Unit
Agency for Health Care
Administration
Care & Health Quality
2727 Mahan Drive, Bldg. 1
Tallahassee, Florida 32308
—ee
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that the original complaint was sent by
U.S, Mail, Return Receipt Requested, to: Lorene Perona, P.O. Box 188,
Fort Pierce, Florida 34954-6188 on this Ztday of _-) «<-.-¢ _, 2001.
C Bo, LZ, \Y Mision
Christine T, Messana, Esquire
Office of the General Counsel
Copies furnished to:
Christine T. Messana
Attorney
Agency for Health Care
Administration
2727 Mahan Drive
Mail Stop #3
Tallahassee, Florida. 32308 —
Elizabeth Dudek, Acting Deputy Secretary ©
Managed Care and Health Quality ‘
Agency for Health Care Administration
2727 Mahan Drive, Building 1
Tallahassee, Florida 32308-5403
Risk Management Unit
Agency for Health Care Administration
Managed Care & Health Quality
2727 Mahan Drive, Bldg. 1
Tallahassee, Florida 32308
Gloria Collins, Finance & Accounting
Docket for Case No: 01-002854PL
Issue Date |
Proceedings |
Mar. 18, 2002 |
Final Order filed.
|
Dec. 12, 2001 |
Order Closing File issued. CASE CLOSED.
|
Nov. 26, 2001 |
Petitioner`s Notice of Voluntary Dismissal (filed via facsimile).
|
Nov. 15, 2001 |
Order Granting Respondent`s Motion to Strike Filing and Denying Motion for Sanctions issued.
|
Oct. 31, 2001 |
Respondent`s Motion to Strike Filing and Motion for Sanctions filed.
|
Oct. 23, 2001 |
Amended Administrative Complaint (filed by Petitioner via facsimile).
|
Oct. 18, 2001 |
Order Denying Motion to Amend and Serve Complaint issued.
|
Sep. 19, 2001 |
Order Denying Petitioner`s Motion to Reliqnuish Jurisdiction issued.
|
Sep. 19, 2001 |
Order Concerning Motion to Relinquish Jurisdiction and Denying Petitioner`s Motion to Strike issued.
|
Sep. 18, 2001 |
Response to AHCA`s Motion to Amend and Serve Complaint filed by Respondent.
|
Sep. 14, 2001 |
Petitioner`s Memorandum of Law Supporting AHCA`s Authority to Discipline Licensed Health Care Risk Managers (filed via facsimile).
|
Sep. 13, 2001 |
Motion to Amend and Serve Complaint (filed by Petitioner via facsimile).
|
Sep. 11, 2001 |
Order Granting Motion for Extension of Time issued.
|
Sep. 10, 2001 |
Supplemental Memorandum in Support of Respondent`s Motion to Relinquish Jurisdiction filed by Respondent
|
Sep. 10, 2001 |
Motion for Official Recognition filed by Respondent
|
Sep. 10, 2001 |
Motion for Extension of Time to File Additional Argument as to Whether Separate Motions to Relinquish Jurisdiction Should be Granted (filed by Petitioner via facsimile).
|
Sep. 05, 2001 |
Response to Respondent`s First Request for Production of Documents (filed by Petitioner via facsimile).
|
Sep. 04, 2001 |
Answers to Respondent`s Interrogatories (filed by Petitioner via facsimile).
|
Sep. 04, 2001 |
Notice of Providing Answers to Respondent`s First Set of Interrogatories (filed by Petitioner via facsimile).
|
Sep. 04, 2001 |
Response to Respondent`s First Request for Admissions (filed by Petitioner via facsimile).
|
Aug. 31, 2001 |
Order Granting Continuance issued (parties to advise status by September 10, 2001).
|
Aug. 30, 2001 |
Notice of Voluntary Dismissal of Motion for Leave to FIle an Amended Administrative Complaint (filed via facsimile).
|
Aug. 30, 2001 |
Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Aug. 30, 2001 |
Motion for Leave to File an Amended Administrative Complaint (filed by Petitioner via facsimile).
|
Aug. 14, 2001 |
Petitioner`s Motion to Strike Respondent`s Response to Petitioner`s Motion to Relinquish Jurisdiction (filed via facsimile).
|
Aug. 09, 2001 |
Notice of Correction (filed by Petitioner via facsimile).
|
Aug. 08, 2001 |
Response to Agency for Health Care Administration`s Motion to Relinquish Jurisdiction and Reply to Agency Response to Respondent`s Motion to Relinquish filed by Respondent
|
Aug. 06, 2001 |
Petitioner`s Response to Respondent`s Motion to Relinquish Jurisdiction (filed via facsimile).
|
Aug. 03, 2001 |
Motion to Relinquish Jurisdiction filed by Petitioner.
|
Aug. 03, 2001 |
Respondent`s First Request for Admisisons to the Agency for Health Care Administration filed.
|
Aug. 03, 2001 |
Respondent`s First Request for Production of Documents to the Agency for Health Care Administration filed.
|
Aug. 03, 2001 |
Respondent`s First Set of Interrogatories to the Agency for Health Care Administration filed.
|
Aug. 03, 2001 |
Respondent`s Notice of Service of First Set of Interrogatories to the Agency for Health Care Administration filed.
|
Aug. 03, 2001 |
Letter to Judge Sartin from R. Prescott regarding Motion to Relinquish Jurisdiction w/exhibit filed.
|
Jul. 31, 2001 |
Motion to Relinquish Jurisdiction filed by Respondent
|
Jul. 30, 2001 |
Order of Pre-hearing Instructions issued.
|
Jul. 30, 2001 |
Notice of Hearing issued (hearing set for September 25 through 27, 2001; 9:30 a.m.; Tallahassee, FL).
|
Jul. 26, 2001 |
Joint Response to Initial Order filed.
|
Jul. 19, 2001 |
Initial Order issued.
|
Jul. 18, 2001 |
Petition for Formal Administrative Hearing filed.
|
Jul. 18, 2001 |
Administrative Complaint filed.
|
Jul. 18, 2001 |
Notice (of Agency referral) filed.
|