Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: PHC BLOUNTSTOWN, INC., D/B/A PARTHENON HEALTHCARE OF BLOUNTSTOWN
Judges: STEPHEN F. DEAN
Agency: Agency for Health Care Administration
Locations: Blountstown, Florida
Filed: Sep. 10, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 11, 2003.
Latest Update: Dec. 24, 2024
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STATE OF FLORIDA ro
AGENCY FOR HEALTH CARE ADMINISTRATION
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Petitioner,
vs. Case No. 200107044
PHC-BLOUNTSTOWN, INC. d/b/a
PARTHENON HEALTHCARE OF BLOUNTSTOWN,
The Respondent.
ADMINISTRATIVE COMPLAINT
COMES NOW the AGENCY FOR HEALTH CARE ADMINISTRATION
(“AHCA”), by and through the undersigned counsel, and files
this Administrative Complaint against PHC-BLOUNTSTOWN,
INC., a/b/a PARTHENON HEALTHCARE OF BLOUNTSTOWN
(“Respondent”), pursuant to Section 120.569, and 120.57,
Plorida Statutes, and alleges:
NATURE OF THE ACTION
1. This is an action to impose an administrative
fine in the amount of $2,500 against Respondent, pursuant
to Section 400.102, Florida Statutes, and assess costs
related to the investigation and prosecution of this case,
pursuant to Section 400.121(10), Fla. Stat.
JURISDICTION AND VENUE
2. This tribunal has jurisdiction pursuant to
Sections 120.569 and 120.57, Florida Statutes.
3. Venue shall be determined pursuant to Rule 28-
106.207, Florida Administrative Code.
PARTIES
4. AHCA is the regulatory agency responsible for
licensure of nursing homes and enforcement of all
applicable federal regulations, state statutes and rules
governing skilled nursing facilities pursuant to the
Omnibus Reconciliation Act of 1987, Title IV, Subtitle c
(as amended) ; Chapter 400, Part II, Florida Statutes, and;
Chapter 59A-4 Fla. Admin. Code, respectively.
5. Respondent is a skilled nursing facility in the
State of Florida, whose 150 bed nursing home is located at
17844 N.E. Crozier Street, Blountstown, Florida, 32424,
Respondent is licensed as a skilled nursing facility
license #SNF12870961; certificate number 8149 effective
January 10, 2002. Respondent was at all times material
hereto, a licensed facility under the licensing authority
of AHCA, and was required to comply with all applicable
regulations, statutes and rules.
Counr I
THE FACILITY FAILED TO ENSURE AND PROVIDE EACH RESIDENT WITH
THE NECESSARY CARE AND SERVICES TO ATTAIN OR MAINTAIN THE
HIGHEST PRACTICABLE PHYSICAL, MENTAL, AND PSYCHOSOCIAL WELL-
BEING, IN ACCORDANCE WITH THE COMPREHENSIVE ASSESSMENT AND
PLAN OF CARE.
42 CFR 483.25;
RULE 59A-4.109(4) (aa), Fua. Apmin. Cope
SECTION 400.23(8) (B), Fua. STAT. ;
SECTION 400.102(p), Fua. STAT. ;
SECTION 400.121(10), Fua. STAT., AND;
RULE 59A-4.1288, FLA. ADMIN. CopE
6. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
7. AHCA conducted a survey of Respondent on November 7,
2001. Investigation revealed the following class It
deficiency, to wit:
a. Record review of Resident #2’s record showed the
resident has a diagnosis to include Diabetes. Nursing
notes starting on 8/12/01 indicate resident had a red
raised rash to body which the resident was scratching
until it bled. Nursing notes indicated that rash
continued and spread to entire body by 8/30/01. There
was no indication the attending physician was notified of
the rash and scratching until his visit of 9/4/01. No
comfort or palliative measures were provided to alleviate
the symptoms of itching and discomfort.
8. Respondent’s failure to ensure and provide each
resident with the necessary care and services to attain or
maintain the highest practicable physical, mental, and
psychosocial well-being is a violation of 42 CFR 483.25.
9. Respondent’s failure to ensure and provide each
resident with the necessary care and services to attain or
maintain the highest practicable physical, mental, and
psychosocial well-being is a violation of Rule 59A-
4.109(4) (aa), Fla. Admin. Code.
10. Respondent’s failure to ensure and provide each
resident with the necessary care and services to attain or
maintain the highest practicable physical, mental, and
psychosocial well-being is a violation of Rule 59A-4.1288,
Fla. Admin. Code.
11. The above is a class II deficiency and
constitutes grounds for the imposition of an administrative
fine of $2,500 pursuant to sections 400.23(8) (b), and
400.102(d), Fla. Stat.
12. The Agency may assess costs related to the
investigation and prosecution of this case, pursuant to
section 400.121(10), Fla. Stat.
CLAIM FOR RELIEF
—— eee
WHEREFORE, the Agency respectfully requests the
following relief:
1). Factual and legal findings in favor of the
Agency on Count I;
2). Imposition of a $2,500 administrative fine;
and
Respondent is notified that it has a right to request an
administrative hearing pursuant to Section 120.569, Florida
Statutes. Specific options for administrative action are
set out in the attached Election of Rights (one page) and
explained in the attached Explanation of Rights (one page).
All requests for hearing shall be made to the Agency for
Health Care Administration, and delivered to the Agency for
Health Care Administration, Building 3, MSC #3, 2727 Mahan
Drive, Tallahassee, Florida, 32308; Christine Messana,
Senior Attorney.
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.
Dated this sf day of Ass uihsova
Christine T. Megsana
Fla. Bar. No. 0153818
Counsel for Petitioner
Agency for Health Care
Administration
Bldg. 3, MSC#3
2727 Mahan Drive
Tallahassee, FL 32308
(850) 922-5873 (office)
(850) 413-9313 (fax)
cc: Elizabeth Dudek
CERTIFICATE OF SERVICE
Sa ATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been served by certified mail on this
LS £ day of Ac ‘ uc 2002 to: PHC-BLOUNTSTOWN, INC.,
d/b/a PARTHENON HEALTHCARE OF BLOUNTSTOWN, 17844 N.E,
Crozier Street, Blountstown, Florida 32524,
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