Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: 21ST NURSE, INC., D/B/A 21ST NURSE, INC.
Judges: DIANE CLEAVINGER
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Oct. 22, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 22, 2003.
Latest Update: Dec. 25, 2024
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CERTIFIED ARTICLE NUMBER 7108 4575 1294 posgay
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STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION — ft 17 1?
STATE OF FLORIDA, AGENCY FOR ae
HEALTH CARE ADMINISTRATION, uo
Petitioner,
vs.
21°" NURSE, INC. d/b/a, 215" NURSE, INC.,
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 21" Nurse, Inc., d/b/a 21% Nurse, Inc. (hereinafter “Respondent”) and
alleges:
NATURE OF THE ACTION
1. This is an action to impose an administrative fine in the amount of one
thousand dollars ($1000) pursuant to Sections 400.474(2)(a), and 400.484(2)(b), Florida
Statutes, and Rule 59A-8.0086(1)(d), Florida Administrative Code.
2. The Respondent was cited for the deficiencies set for the below asa result
of complaint investigation survey conducted on or about F ebruary 15, 2002.
CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 4734
Jurisdiction
3. The Agency has jurisdiction over the Respondent pursuant to Chapter 400
Part IV, Florida Statutes..
4. Venue lies in Leon County, Division of Administrative Hearings, pursuant
to Section 120.57 Florida Statutes, and Chapter 28-106.207 F.A.C.
Parties
5. AHCA is the enforcing authority with regard to home health agency law
pursuant to Chapter 400, Part IV, Florida Statutes and Rules 59A-8, Florida
Administrative Code.
6. Respondent is a home health agency located at 223 John Knox Road,
Tallahassee, 32030. The facility is licensed under Chapter 400, Part IV, Florida Statutes
and Chapter 59A-8, Florida Administrative Code.
COUNT I
RESPONDENT FAILED TO PROVIDE DAILY ORDERED VISITS
VIOLATING RULE 59A-8020(1), F.A.C.
CLASS II
7. AHCA re-alleges and incorporates (1) through (6) as if fully set forth
herein.
8. Based on interviews, record review and observation, Respondent to
provide Patient #1 with ordered home visits.
9. Based on interviews and record reviews conducted with the subject of the
complaint and the home health agency's assistant administrator, it was determined that
patient #1 was not receiving his ordered daily visits. An interview with the assistant
administrator revealed that Patient #1 had not been seen by the Respondent since
CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 4734
1/15/2002. Case notes revealed: last visit was made on 01/15/02, documentation of a
conversation with the patient explaining the unavailability of an aide to continue his visits
and that the Respondent was seeking a replacement; and a note dated 02/04/02 that stated
Respondent had failed to staff the home health visits for patient #1 and that the
Respondent is still trying to find someone to staff the visits that are ordered and needed
by the patient (visits twice a day-every AM and PM).
When interviewed, patient #1 stated he had to pay for a private aid to provide
his/her necessary services and ordered AM & PM daily visits, which was creating a
financial strain.
10. This is a violation of Rule 59A-8.020(1), which requires the Respondent
to assure that the patient or client receives services as defined in a specific plan of care,
for those patients receiving care under physician’s treatment orders, or in a written
agreement.
11. The above referenced violation constitutes the grounds for the imposed
Class II deficiency and for which a fine of one thousand dollars ($1000) is authorized
under Sections 400.474(2)(a), and 400.484(2)(b), Florida Statutes.
WHEREFORE, AHCA requests this Court to order the following relief:
A. Make factual and legal findings in favor of the Agency on Count J;
B. Impose a fine of one thousand dollars ($1,000) for the violation cited in Count
I, against the respondent under Sections 400.474(2)(a) and 400.484(2)(b), Florida
Statutes, and 59A-8.0086(1)(d), Florida Administrative Code;
C. Allother general and equitable relief allowed by law.
CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 4734
NOTICE
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 Explanation of Rights (one page) and Election of Rights (one
page). All requests for hearing shall be made to the attention of Attention: Ursula
Eikman, 2727 Mahan Drive, Mail Stop #3,.Tallahassee, Florida 32308-5403.
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,
LOL
Ursula Eikman, Esquire San
Assistant General Counsel
Florida Bar I.D. 0500941
Agency for Health Care
Administration
2727 Mahan Drive, MS#3
Tallahassee, FL 32308
(850) 922-5873 (office)
CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 4734
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the original complaint was sent by U.S. Mail, Return
Receipt Requested, to: David Perkins, Administrator, 21 Nurse, Inc., 223 John Knox
Road, Tallahassee, 32303 on this tu day of July, 2002.
; f Nn
Ursula Eikman, Esquire .
UE/sr
Docket for Case No: 02-004142
Issue Date |
Proceedings |
Apr. 09, 2003 |
Final Order filed.
|
Jan. 22, 2003 |
Order Closing File issued. CASE CLOSED.
|
Jan. 17, 2003 |
Joint Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Dec. 10, 2002 |
Order of Pre-hearing Instructions issued.
|
Dec. 10, 2002 |
Notice of Hearing issued (hearing set for January 28, 2003; 9:30 a.m.; Tallahassee, FL).
|
Oct. 29, 2002 |
Joint Response to Initial Order (filed by Respondent via facsimile).
|
Oct. 24, 2002 |
Initial Order issued.
|
Oct. 22, 2002 |
Administrative Complaint filed.
|
Oct. 22, 2002 |
Election of Rights for Administrative Complaint filed.
|
Oct. 22, 2002 |
Notice (of Agency referral) filed.
|