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
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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.
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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
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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:
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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
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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
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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).
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Aug. 26, 2002 |
Joint Response to Initial Order (filed via facsimile).
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Aug. 20, 2002 |
Initial Order issued.
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Aug. 19, 2002 |
Administrative Complaint filed.
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Aug. 19, 2002 |
Petition for Formal Administrative Hearing filed.
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Aug. 19, 2002 |
Notice (of Agency referral) filed.
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