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AGENCY FOR HEALTH CARE ADMINISTRATION vs TARPON HEALTH CARE ASSOCIATES, LLC, D/B/A TARPON HEALTH AND REHABILITATION CENTER, 02-003256 (2002)

Court: Division of Administrative Hearings, Florida Number: 02-003256 Visitors: 24
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: TARPON HEALTH CARE ASSOCIATES, LLC, D/B/A TARPON HEALTH AND REHABILITATION CENTER
Judges: WILLIAM R. CAVE
Agency: Agency for Health Care Administration
Locations: Tarpon Springs, Florida
Filed: Aug. 19, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 28, 2003.

Latest Update: Dec. 23, 2024
)At- IA Fo CERTIFIED ARTICLE NUMBER 7106 4575 12942950 4864", ae STATE OF FLORIDA , tae AGENCY FOR HEALTH CARE ADMINISTRATION 9 . STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, AHCA NO: 2002018121 vs. TARPON HEALTH CARE ASSOCIATES, LLC, d/b/a TARPON HEALTH AND REHABILITATION CENTER Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the AGENCY FOR HEALTH CARE ADMINISTRATION (hereinafter “AHCA”), by and through the undersigned counsel, and files this Administrative Complaint against TARPON HEALTH CARE ASSOCIATES, LLC, d/b/a TARPON HEALTH AND REHABILITATION CENTER, (hereinafter “Respondent”) and alleges: NATURE OF THE ACTION This is an action to impose a conditional licensure status effective February 12, 2002 pursuant to §§ 400.23(7) (b) and 400.23(8), Fla. Stat. (2001) and to assess costs related to the investigation and prosecution of this case pursuant to Section 400.121(10), Florida Statutes (2001). AHCA seeks to impose a Conditional Licensure Status effective February 12, 2002, based CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 4864 upon three uncorrected Class III deficiencies and one Class II deficiency as defined and by § 400.23(8)(b) and 400.23 (8) (c) Fla. Stat. (2001). JURISDICTION AND VENUE 1. The Agency has jurisdiction over the Respondent pursuant to Chapter 400, Part II, Florida Statutes. 2. Venue lies in Pinellas County, Division of Administrative Hearings, pursuant to §§ 120.57, and 400.121(1)(e) Fla Stat. (2001), and Fla. Admin. Code R. 28-106.207. PARTIES 3. AHCA is the enforcing authority with regard to nursing home licensure law pursuant to Chapter 400, Part II, Florida Statutes and Chapter 59A-4, Florida Administrative Code. 4. Respondent is a nursing home located at 501 South Walton Avenue, Tarpon Springs, Florida. The facility is licensed under Chapter 400, Part II, Florida Statutes and Chapter 59A-4, Florida Administrative Code. Its license number is 15520951 effective December 7, 2001 through November 30, 2002; the certificate number is 8482. S. The Respondent was cited for the deficiencies set forth below as a result of a follow-up annual visit on or about February 12, 2002. The original survey was conducted on or about January 2, 2002. —arrrtrnnttirSSSSS[esSSSSSSRSanuessaaatess CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 4864 6. The original conditional license is attached hereto ag Exhibit “A”, COUNT I RESPONDENT FAILED TO FOLLOW ALL PHYSICIAN ORDERS AS PRESCRIBED, AND IF NOT FOLLOWED, THE REASON WAS NOT RECORDED on THE RESIDENT’ S MEDICAL RECORD DURING THAT SHIFT. §§ 400.102 (1) (a), 400.121(1), 400.121(2), 400.23(8)(c), FLA star (2001); FLA ADMIN CODE R 59A-4.107(5), UNCORRECTED CLASS IIT DEFICIENCY 7. AHCA re-alleges and incorporates (1) through (6) as if fully set forth herein. 8. On or about January 2, 2002, AHCA conducted a Survey of the Respondent’s above-named facility. 9, During that January survey, AHCA determined that the facility @id not ensure that all Physician's orders were followed for 2 of 13 sampled residents (#6, #7) putting residents at risk for medical decline when they did not receive prescribed care and treatment. That determination was made based upon the following observations, record review, and interview(s) : A. The record review of resident #6 revealed he was readmitted to the facility on July 22, 2001 after a hospital admission for seizures. His diagnoses included Hypertension, Dysphagia, and Seizures. The physician ordered a Dilantin level every 3 months. The Resident's medical record included Dilantin levels for August 2001, but no Dilantin levels were done for November 2001 (3 month interval). An interview with the Director of Nursing (DON) on January 3, 2002 at 11:00 a.m. confirmed the omission of the lab report, and the Respondent was unable to provide the lab results. B. The record review of resident #7 revealed a Speech Therapy evaluation in December 2000 at which time lemon ice ——— eet a Anantara CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 4864 was recommended to be provided to the Resident for oral stimulation at all meals. A Physician's order dated December 4, 2000 reflected the diet order including the lemon or Italian ice at all meals. In a Speech therapy note, and Plan of Therapy dated February 5, 2001 the lemon ice is referred to as part of the diet order. The Speech Therapist documents "Dietary informed of diet change." The Registered Dietitian note on November 1, 2001 documents the diet order as including lemon ice with meals. During meal observations on January 2, 2002 at noon, and on January 3, 2002 at 7:00 a.m., there was no Italian ice noted on the resident's tray. Cc. An interview with the Dietary Manager and a Dietary Aide on January 3, 2002 at 1:30 p-m., revealed that there was Italian ice available, but no Resident currently had an order to receive Italian ice with their meals. When the Surveyor specifically asked about Resident #7, both reported that Resident #7 did not have an order for the Italian ice, and pulled the Resident's diet slip to show the Surveyor that it was not documented that the Italian ice was a part of the diet order. 10. Based upon the forgoing, the Respondent was in violation of Fla. Admin. Code R. 59A-4.107(5), which requires the Respondent to follow all physician orders as prescribed, and if not followed, record the reason on the resident’s medical record during that shift. 11. AHCA assigned a mandatory correction date of January 7, 2002 for this violation. 12. On or about February 12, 2002, AHCA conducted a follow-up survey. 13. During this February 2002 Survey, AHCA again determined that the Respondent failed to either follow all physician orders prescribed, or when the orders were not followed, failed to CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 4864 record the reason on the resident’s medical record during that shift. 14. That determination was made based upon the following findings from interviews and resident record reviews interviews: A. The review of Resident #19's clinical record revealed a Physician's order dated February 4, 2002 for Urinalysis with Culture and Sensitivity to be done in the morning. The record review on or about February 12, 2002 revealed no documentation that the urinalysis had been done and no documented results. An interview with two nurses on the unit at approximately 2:30 p.m. revealed that the urinalysis had not been done as ordered. 15. The Respondent had not corrected the deficiency before the mandatory correction date. 16. Based upon the forgoing, the Respondent had an uncorrected Class III deficiency under Fla. Admin. Code R. 59A-4.107(5), which requires the Respondent to follow all physician orders ag Prescribed, and if not followed, record the reason on the resident’s medical record during that shift. This act also violated §§ 400.102(1) (d), and 400.121(2), Fla. Stat. (2001). 17. For this uncorrected Class III deficiency, the imposition of a conditional license is authorized pursuant to §§ 400.102 (1) (a), 400.102 (1) (d), and 400.23(7) (b), Fla. Stat. (2001). COUNT II RESPONDENT FAILED TO HAVE SUFFICIENT NURSING STAFF, ON A RESIDENTS IN ORDER TO MAINTAIN THE HIGHEST PRACTICABLE PHYSICAL MENTAL, AND PSYCHOSOCTAL WELL-BEING OF EACH RESIDENT, AS nee CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 4864 DETERMINED BY RESIDENT ASSESSMENTS AND INDIVIDUAL PLANS OF CARE, $400.23 FLA STAT (2000) §400.23 FLA STAT (2001), AND FLA ADMIN CODE R 59A-4.108(4). UNCORRECTED CLASS IIr DEFICIENCY 18. AHCA re-alleges and incorporates (1) through (6) as if fully set forth herein. 19. On or about January 2, 2002, AHCA conducted a Survey of the Respondent’ s above-named facility. 20. During that January survey, AHCA determined that the Respondent failed to meet the state minimum Staffing requirements for Certified Nursing Assistants for five of forty- two days selected for the sample. 21. Based upon the record review and Staff interview(s), AHCA found: A. Record review of staff schedules and time sheets on January 4, 2002 revealed that the facility dia not meet the State minimum Staffing requirements for Certified Nursing Assistants (CNA) which is 1.7 hours per resident per day, for the following days: 6/24/01 Census=51 Required 86.7 CNA hours, Facility had 80.09 CNA hours. 9/14/01 Census=54 Required 91.8 cNA hours, Facility had 75.57 CNA hours. 9/16/01 Census=54 Required 91.8 CNA hours, Facility had 74.49 CNA hours. 9/23/01 Census=54 Required 91.8 CNA hours, Facility had 91.42 CNA hours. 9/24/01 Census=55 Required 93.5 cna hours, Facility had 90.12 CNA hours B. An interview with the Director of Nursing on January 4, 2002 at nine oe’ clock confirmed that the Respondent did not 22. Section 440.23 (3) (a) Fla. Stat. (2000) Stated: ee CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 4864 The agency shall adopt rules Providing for the minimum staffing requirements for nursing homes. These requirements ghal] include, for each nursing home facility, a minimum certified nursing assistant Staffing and a Minimum licensed nursing staffing per resident per day, including evening and night shifts and weekends. Agency rules shall specify requirements for documentation of compliance with staffing Standards, Sanctions for violation of such Standards, licensed nurses for compliance with minimum staffing requirements for certified nursing assistants, provided that the facility otherwise meets the minimum Staffing requirements for licensed nurses and that the licensed nurses SO recognized are performing the duties, of a certified nursing assistant. Unless otherwise approved by the agency, licensed nurses of document ing compliance with minimum staffing requirements for certified and licensed nursing staff, In no event May the hours of a licensed nurse with dual job responsibilities be counted twice. 23. Pursuant to $400.23, AHCA Promulgated Fla. Code R. 592R- 4.108(4) that Provided and still provides: The nursing home facility shall have sufficient nursing staff, on a 24-hour basis to provide nursing the highest practicable physical, mental, and psychosocial well-being of each resident, as determined by resident assessments’ and individual Plans of care. The facility will staff, at a minimum, an average of 1.7 hours of certified nursing assistant nn seaansteene CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 4864 and 6 hours of licensed nursing staff time for each resident during a 24 hour Period. 24. Contrary to Fla. Admin. Code” R, 59A-4.108(4), the Respondent had insufficient nursing staff on June 24, 2001, September 14, 2001, September 16, 2001, September 23, 2001, September 24, 2001 25. AHCA assigned a mandatory correction date of February 4, 26. On or about February 12, 2002, AHca performed a follow-up Survey of the Respondent. 27, During that February 2002 survey, AHCA made the following findings based upon interviews and resident record reviews. A. From January 1, 2002 thru February 4, 2002, the daily census of the Respondent was at or above fifty residents according to the January & February 2002 "Monthly Census Report." ‘he staffing records for the time period in question revealed that the facility had one licensed person on duty for the 11 to 7 shift An interview with the Nursing Home 28. Section 440.23 (3) (a), Fla. Stat. (2001) Provides in relevant part: [B] eginning January 1, 2002, no facility shal] staff below one certified nursing assistant per 20 residents, and a minimum licensed nursing staffing of but never below one licensed nurse per 40 residents. 29. The Respondent had not corrected the deficiency in nursing Staff before the mandatory correction date. CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 4864 30. Based upon the forgoing, the Respondent had an uncorrected Class III deficiency as defined by § 400.23(8)(c), Fla. Stat. when it did not maintain the minimum nurse staffing requirements of § 400.23(3)(a), Fla. Stat. (2001) and Fla. Admin. Code R. 59A-4.108(4). 31. For this uncorrected Class IIT deficiency, the imposition of a conditional license is authorized pursuant to §§ 400.102 (1) (a), 400.102 (1) (d), and 400.23(7) (b), Fla. Stat. (2001). COUNT IIT RESPONDENT FAILED TO STORE, PREPARE, DISTRIBUTE AND SERVE FOOD UNDER SANITARY CONDITIONS. §§ 400.102 (1) (d), 400.121(1), 400.121(2), 400.23(8)(c), FLA STAT (2001), FLA ADMIN CODE R 59A- 4.1288 (ADPOTING BY REFERENCE 42 CER $483.35 (h) (2)) UNCORRECTED CLASS III DEFICIENCY 32. AHCA re-alleges and incorporates (1) through (6) as if fully set forth herein. 33. On or about January 2, 2002, AHCA conducted a survey of the Respondent. 34. During that January 2002 survey, AHCA observed the following: A. During the initial tour of the facility kitchen with the Dietary Manager at nine 0’ clock on January 2, 2002, the ceiling of the dish machine room was noted to have peeling, flaking paint, the overhead pipes were dusty, the ceiling vent was black with biogrowth, and there were fluorescent lights without protective coverings. B. During the Life Safety tour of the facility kitchen at two-thirty in the afternoon on January 2, 2002, p.m., a Dietary Aide was observed testing the firmness of gelatin with her bare finger. Since the gelatin was not firm, the Dietary Aide put ee CERTIFIED ARTICLE NUMBER 7106 4575 1204 2050 4864 her finger into her mouth to lick off the residue. She then used that same finger that had been in her mouth to remove ice Crystals from the top of the gelatin. Cc. During the comprehensive tour of the facility kitchen at ten o’clock on January 3, 2002, the following concerns were 1. Several fluorescent lights were without protective coverings or the protective coverings were hanging off the lights precariously; 2. Blender was stored with the lid on and pooled water in the bottom; 3. Slicer had a dirty food tray; 4. Several Scoops stored in a drawer were observed with pooled water, and one was encrusted with a dark green substance. 35. Based upon these findings, the Respondent violated Fla. Admin. Code eR. 59A-4.1288 (adopting by reference 42 CFR $483.35 (h) (2)) by failing to store, prepare, distribute and serve food under sanitary conditions 36. AHCA assigned a mandatory correction date of January 7, 2002 for this violation. 37. On or about February 12, 2002, AHCA performed a follow-up Survey of the Respondent . 38. During that February 2002 Survey, AHCA determined that the Respondent continued to fail to store, prepare, distribute, and serve food under sanitary conditions. 39. During the tour conducted on or about February 12, 2002 at nine-thirty in the morning with the Certified Dietary Manager (C.D.M.) the AHCA agent made the following observations: a. The stove had grease buildup in the grates that was particularly heavy around the four burner bases. 10 CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 4864 b. The thermometers in two beverage refrigerators were broken, thus making it impossible to determine whether or not beverages were being stored at proper temperatures. ce. There were several unsealed packages of dried foods, including dried onions and potatoes, along with cornbread, cake and biscuit mix under the food preparation table. dad. Six opened spice containers were on the same shelf and all the spice containers were tacky to touch with a buildup of residue. e. In the walk-in refrigerator, there were unlabeled and an undated "cake" (identified by the CDM), undated turkey breast, and an onion covered with green-gray bio growth. f. In the walk-in freezer there were opened, unlabeled and undated chicken patties and hash brown potatoes (identified by the CDM). g. In the dry food storage room there were two cans of apple jelly that were rusted, a can of fruit cocktail with several deep indentations and a bag of flour which was opened and had not been resealed. 40. The Respondent had not corrected the deficiency before the mandatory correction date. 41. Based upon the forgoing, the Respondent had an uncorrected Class III deficiency as defined by § 400.23(8)(c), Fla. Stat. (2001). It violated Fla. Admin. Code R. 59A-4.1288 (adopting by reference 42 CER $483.35 (h) (2)), and 8s 400.23(1), 400.23(2) (£),. 400.102(1) (da), 400.141 Fla. Stat. (2001) when it continued to fail to store, prepare, distribute, and serve food under sanitary conditions. 42. For this uncorrected Class III deficiency, the imposition of a conditional license is authorized pursuant to §§ 400.102(1) (a), 400.102 (1) (d), and 400.23(7) (b), Fla. Stat. (2001). 11 CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 4864 COUNT IV RESPONDENT FAILED TO COMPLY WITH STATE MINIMUM- STAFFING REQUIREMENTS FOR TWO CONSECUTIVE DAYS AND THEREBY IS PROHIBITED FROM ACCEPTING NEW ADMISSIONS UNTIL THE FACILITY HAS ACHIEVED THE MINIMUM- STAFFING REQUIREMENTS FOR A PERIOD OF 6 CONSECUTIVE DAYS 400.141(15) (d), FRA STAT (2001) CLASS II DEFICIENCY 43. AHCA re-alleges and incorporates (1) through (6) as if fully set forth herein. 44. Based upon interviews and resident record reviews, the Respondent failed to self-impose a moratorium on admissions when the nursing staff to Patient ratio fell below state minimums requirements for two consecutive days. 45. From January 1, 2002 thru February 4, 2002, the daily census was at or above fifty residents according to the January & February 2002 "Monthly Census Report." The staffing records for the time period in question revealed that the facility had one licensed person on duty for the 11 to 7 shift. 46. Section 440.23(3) (a), Fla. Stat. (2001) required the Respondent to staff at least one licensed nurse per forty residents. 47. The AHCA agent interviewed the Nursing Home Administrator and the Acting Director of Nursing who confirmed that the Respondent had failed to self impose the moratorium on admissions as required and had accepted new admissions. 12 CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 4864 48. For this Class II deficiency, the imposition of a conditional license is authorized pursuant to §§ 400.102(1) (a), 1 400.102(1) (d), and 400.23(7) (b), Fla. Stat. (2001). CLAIM FOR RELIEF WHEREFORE, AHCA requests this Court to order the following relief: A. Make factual and legal findings in favor of the Agency on Counts I, II, III and Iv. B. Uphold the issuance of the conditional license attached hereto as Exhibit “A”; and Cc. Assess costs related to the investigation and prosecution of this case pursuant to §400.121(10), Fla. Stat. (2001). DISPLAY OF LICENSE Pursuant to §§ 400.062(5) and 400.23(7) (e), Fla. Stat. (2001), Respondent shall post the license in a prominent place that is in clear and unobstructed public view at or near the place where residents are being admitted to the facility. NOTICE Respondent is notified that it has a right to request an administrative hearing pursuant to § 120.569, Fla. Stat. (2001). Specific options for administrative action are set out in the attached Explanation of Rights (one page) an Election of Rights (one page). All requests for hearing shall be made to the attention of Joanna Daniels, Assistant General Counsel, Agency 13 CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 4864 for Health Care Administration, 2727 Mahan Drive, Mail Stop #3, Tallahassee, FL 32308. RESPONDENT IS 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. Respectfully submitted, kena Lrinabs Joanna Daniels FL Bar #0118321 Assistant General Counsel Agency for Health Care Administration 2727 Mahan Dr., MS #3 Tallahassee, FL 32301 (850) 922-5873 Fax (850) 413-9313 I HEREBY CERTIFY that a copy hereof has been furnished to Administrator, Tarpon Health & Rehab. Center, 501 South Walton Avenue, Tarpon Springs, Florida 34689, Return Receipt No. 7106 Lied ai 297 4575 1294 2050 4864, by U.S. Certified Mail on July / 2002. Respectfully submitted, Joanna Daniels Assistant General Counsel 14 SS ese eieesenent en: CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 4864 Copies furnished to: Administrator (With Original Exhibit “A’) Tarpon Health & Rehabilitation Center 501 South Walton Avenue Tarpon Springs, FL 34689 (U.S. Certified Mail) Wendy Adams Agency for Health Care Administration 2727 Mahan Drive, Bldg #3 Msg #3 Tallahassee, FL 32308 (Interoffice Mail) Joanna Daniels Agency for Health Care Administration 2727 Mahan Drive, MS #3 Tallahassee, FL 32308 EXHIBIT LIST ee Exhibit “a” —_aet CONDITIONAL LICENSE License # SNF15520951; Certificate #8413 Effective Date: 2/12/2002 Expiration Date: 11/30/02 15 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION." i ry fs, a Enforcement #_ 27_O© > iz iby . ” Me. 5, ELECTION OF RIGHTS REGARDING ADMINISTRATIVE C. 7 PLEASE SELECT ONLY 1 OF THE 3 OPTIONS Hes MWe An Explanation of Rights is attached. OPTION ONE(1) O 1 do not dispute the allegations of fact contained in the Administrative Complaint and waive my right to object or to be heard. I understand that by waiving my rights, a final order will be issued that adopts the Administrative Complaint and imposes the sanctions sought. OPTION TWO (2) OI do not dispute and I admit the allegations of fact in the Administrative Complaint, but do wish to be afforded an informal proceeding, pursuant to Section 120.57(2), Florida Statutes (F.S.), at which time, I will be permitted to submit oral and/or written evidence to the Agency in mitigation of the penalty imposed. OPTION THREE (3) I do dispute the allegations of fact contained in the Administrative Complaint and request a formal hearing, pursuant to Section 120.57(1), F.S., before an Administrative Law Judge appointed by the Division of Administrative Hearings. If you choose OPTION THREE (3), in order to obtain a formal proceeding before the Division of Administrative Hearings under Section 120.57(1), F.S., your request for an administrative hearing must conform to the requirements in Section 28-106.201, Florida Administrative Code (F.A.C.), Section 28- 106.111, Florida Administrative Code (F.A.C.), and must state the material facts you dispute. option is not received by the Agency for Health Care Administration within twenty-one (21) days from the date of the receipt of the Administrative Complaint, a final order will be issued finding the deficiencies and/or violations charged and imposing the penalty sought, If you have elected either OPTION TWO (2) or THREE (3) above and you are interested in discussing a settlement of this matter with the Agency, please also mark this block. Mediation under Section 120.573, Florida Statutes, is not available in this matter, (Please sign and fill in your current address.) Respondent (Licensee) Address: License No. and facility type: Phone No. PLEASE RETURN YOUR COMPLETED FORM TO: Lealand McCharen, AHCA Agency Clerk Office of the General Counsel Building 3 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308 Phone: 850/922-5873; Fax: 850/413-9313 or 850/921-0158 TDD 1/800/955-8771 STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION EXPLANATION OF RIGHTS UNDER SEC. 120.569, FLORIDA STATUTES EE RSE SEL. 120.509, FLORIDA STATUTES (To be used with Election of Rights for Administrative Complaint form — attached) In response to the allegations set forth in the Administrative Complaint issued by the Agency for Health Care Administration (Agency), you must make one of the following elections within twenty-one (21) days from the date of receipt of the Administrative Complaint. Please make your election on the attached Election of Rights form and return it fully executed to the address listed on the form. OPTION TWO (2): If you do not dispute any material fact alleged in the Administrative Complaint (you admit each of them), you may request an informal hearing pursuant to Section 120.57(2), Florida Statutes, before the Agency. At the informal hearing, you will be given an opportunity to present both written and oral evidence to reduce the penalty being imposed for the violations set out in the Administrative Complaint. For an informal hearing, you should select Option 2 on the Election of Rights form. OPTION THREE (3): If you dispute the allegations set forth in the Administrative Complaint (you do not admit them), you may request a formal hearing pursuant to Section 120.57(1), Florida Statutes. To obtain a formal hearing, select Option 3 on the Election of Rights form. In order to obtain a formal proceeding before the Division of Administrative Hearings under Section 120.57(1), F.S., your request for an administrative hearing must conform to the In order to preserve the right to a hearing, the Election of Rights form, in this matter, must be received by the Agency for Health Care Administration within twenty-one (21) days from the date the Administrative Complaint is received by licensee. If the election of rights form with the selected option is not received by the Agency for Health Care Administration within twenty-one (21) days from the date of the receipt of the Administrative Complaint, a final order will be issued finding the deficiencies and/or violations charged and imposing CERTIFICATE #: 8413 SE LICENSE #: _SNF15520951 State of Florida AGENCY FOR HEALTH CARE ADMINISTRATION DIVISION OF MANAGED CARE AND HEALTH QUALITY S KILLED NURSING F ACILITY CONDITIONAL licensee is authorized to Operate the following: TARPON HEALTH AND REHABILITATION CENTE 501 SOUTH WALTON AVENUE TARPON SPRINGS, FL 34689 with _120_ beds. Change In Status ACTION EFFECTIVE DATE: 02/12/2002 soleil s LICENSE EXPIRATION DATE: _11/30/2002 aleve

Docket for Case No: 02-003256
Issue Date Proceedings
Jan. 28, 2003 Order Closing File issued. CASE CLOSED.
Jan. 23, 2003 Status Report (filed by Respondent via facsimile).
Dec. 23, 2002 Order Continuing Case in Abeyance issued (parties to advise status by January 23, 2003).
Dec. 20, 2002 Status Report (filed by D. Stinson via facsimile).
Oct. 30, 2002 Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by December 20, 2002).
Oct. 29, 2002 Joint Motion for Abeyance (filed by D. Stinson via facsimile).
Oct. 07, 2002 Respondent`s Response to First Request for Admissions (filed via facsimile).
Sep. 19, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for November 19 and 20, 2002; 9:00 a.m.; Tarpon Springs, FL).
Sep. 19, 2002 Unopposed Motion for Continuance (filed by Respondent via facsimile).
Sep. 13, 2002 Petitioner`s First Set of Request for Admissions, Interrogatories, and Request for Production of Documents (filed via facsimile).
Sep. 13, 2002 Petitioner`s First Set of Request for Admissions, Interrogatories, and Request for Production of Documents (filed via facsimile).
Aug. 29, 2002 Order of Pre-hearing Instructions issued.
Aug. 29, 2002 Notice of Hearing issued (hearing set for October 17 and 18, 2002; 9:00 a.m.; Tarpon Springs, FL).
Aug. 27, 2002 Order of Consolidation issued. (consolidated cases are: 02-003256, 02-003257)
Aug. 26, 2002 Motion to Consolidate (cases requesting to be consolidated 02-3256,and 02-3257 (filed via facsimile).
Aug. 26, 2002 Joint Response to Initial Order (filed via facsimile).
Aug. 20, 2002 Initial Order issued.
Aug. 19, 2002 Administrative Complaint filed.
Aug. 19, 2002 Petition for Formal Administrative Hearing filed.
Aug. 19, 2002 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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