Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: LAKE CARE SYSTEMS, INC., D/B/A EDGEWATER AT WATERMAN VILLAGE
Judges: P. MICHAEL RUFF
Agency: Agency for Health Care Administration
Locations: Tavares, Florida
Filed: Feb. 03, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 2, 2003.
Latest Update: Aug. 23, 2024
Certified Article Number
710b 4575 1294 2050 ile
SENDERS RECORD
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Petitioner, Case no: 2002047675
6% 6396
LAKE CARE SYSTEMS INC
D/B/A EDGEWATER AT WATERMAN VILLAGE
Respondent.
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ADMINISTRATIVE COMPLAINT
COMES NOW the AGENCY FOR HEALTH CARE ADMINISTRATION (hereinafter
referred to as PETITIONER), by and through its undersigned counsel, and files this
Administrative Complaint against LAKE CARE SYSTEMS INC D/B/A EDGEWATER AT
WATERMAN VILLAGE, (hereinafter referred as RESPONDENT), pursuant to Sections
120.569 and 120.57, Florida Statutes (2001), and alleges:
NATURE OF THE ACTION
1. This is an action to impose an administrative fine against Respondent pursuant to
Section 400.102(1)(d) and Section 400.23(8), Florida Statutes (2001), and to assess costs related
to the investigation and prosecution of this case pursuant to Section 400.121(10), Florida Statutes
(2001).
JURISDICTION AND VENUE
2. This Court has jurisdiction pursuant to Sections 120.569 and 120.57, Florida
Statutes (2001).
3. PETITIONER has jurisdiction pursuant to Chapter 400, Part II, Florida Statutes
(2001).
4. Venue shall be determined pursuant to Rule 28-106.207, Florida Administrative
Code (2001).
PARTIES
5. PETITIONER is the regulatory agency responsible for licensure of nursing homes
and enforcement of all applicable Florida laws and rules governing nursing facilities pursuant to
Chapter 400, Part II, Florida Statutes, and Chapter 59A-4, Florida Administrative Code.
6. Respondent is and was at all times material hereto a licensed nursing home with a
principal address of 300 Brookfield Ave, Mt. Dora, Florida 32757-9562, with assigned license
H#SNF 1138096
COUNTI
RESPONDENT FAILED HOLD FOODS AT THE REQUIRED TEMPERATURES IN ONE OF
THREE FACILITY STEAM TABLES.
42 CFR §483.35 (2001)
Section 400.022 Fla.Stat. (2001)
Rule 59A-4.1288, Fla. Admin. Code (2001)
7. PETITIONER re-alleges and incorporates by reference
paragraphs one (1) through six (6) above as if fully set forth
herein
8. On or about May 10, 2002, Petitioner conducted a
survey at Respondent. The following findings resulted in the
issuance of a Class III deficiency:
Based on observation and staff interview, the facility failed to hold foods at the required
temperature in one of three facility steam tables which may increase the risk of food borne
illness.
Findings:
Interview on 5/10/02 at 11:20 am with dietary staff revealed food is delivered to the unit steam
tables at approximately 11:30 am for meal service at 12:00 pm.
Observation on 5/10/02 at 11:30 am revealed the food for the Atlantic Unit had been delivered to
the unit, uncovered (unwrapped) and transferred to the steam table. Positioned directly above the
food were heat lamps, that had not been turned on. Once facility staff had been alerted, the lamps
were turned on revealing that two of the four lamps were nonfunctional.
Food temperatures were taken and recorded by dietary staff at 11:50 am, prior to meal service.
Seven of the 15 food items tested were being held below the required temperature of 140 degrees
Farenheit. The following are the food items held below the required temperature, listed in
degrees Farenheit:
a) Sliced Turkey: 110, b) Com Beef: 110, c) Mashed Potatoes: 110, d) Fortified Mashed
Potatoes: 110, e) Pureed Turkey: 120, f) Ground Turkey: 120, Green Beans: 120.
Food items were not removed from the steam table to be reheated to the required temperature
until dietary supervision was notified by this surveyor. Failure to hold foods at the required
temperature may increase the risk of food borne ilJness.
9. Based on all of the foregoing, Respondent violated 42 CFR § 483.35, and/or Chapter
400.022 Fla.Stat. (2001) by failing to provide pharmaceutical services residents. Title 42 CFR §
483.35 states in pertinent part as follows:
Sec. 483.35 Dietary services.
The facility must provide each resident with a nourishing,
palatable, well-balanced diet that meets the daily nutritional and
special dietary needs of each resident.
(h) Sanitary conditions. The facility must--
(1) Procure food from sources approved or considered satisfactory by
Federal, State, or local authorities;
(2) Store, prepare, distribute, and serve food under sanitary
conditions; and
(3) Dispose of garbage and refuse properly. Title 42 CFR 483.35
10. Pursuant to Section 400.23(8), Florida Statutes, the foregoing constitutes an isolated
class Ill deficiency defined within said statue. This deficiency is defined in pertinent
part as follows:
(8) The agency shall adopt rules to provide that, when the criteria established
under subsection (2) are not met, such deficiencies shall be classified according to
the nature and the scope of the deficiency. The scope shall be cited as isolated,
patterned, or widespread. An isolated deficiency is a deficiency affecting one or a
very limited number of residents, or involving one or a very limited number of staff,
or a situation that occurred only occasionally or in a very limited number of
locations. A patterned deficiency is a deficiency where more than a very limited
number of residents are affected, or more than a very limited number of staff are
involved, or the situation has occurred in several locations, or the same resident or
residents have been affected by repeated occurrences of the same deficient practice
but the effect of the deficient practice is not found to be pervasive throughout the
facility. A widespread deficiency is a deficiency in which the problems causing the
deficiency are pervasive in the facility or represent systemic failure that has affected
or has the potential to affect a large portion of the facility's residents. The agency
shall indicate the classification on the face of the notice of deficiencies as
(c) A class II deficiency is a deficiency that the agency determines will result in
no more than minimal physical, mental, or psychosocial discomfort to the resident
or has the potential to compromise the resident's ability to maintain or reach his or
her highest practical physical, mental, or psychosocial well-being, as defined by an
accurate and comprehensive resident assessment, plan of care, and provision of
services. A class III deficiency is subject to a civil penalty of $1,000 for an isolated
deficiency, $2,000 for a patterned deficiency, and $3,000 for a widespread
deficiency. The fine amount shall be doubled for each deficiency if the facility was
previously cited for one or more class I or class II deficiencies during the last
annual inspection or any inspection or complaint investigation since the last annual
inspection. A citation for a class III deficiency must specify the time within which
the deficiency is required to be corrected. If a class III deficiency is corrected
within the time specified, no civil penalty shall be imposed.. (Section 400.23(8),
Fla.Stat. 2001-in pertinent part).
11. That Respondent was provided a mandatory correction date of March 28, 2002,
from the survey of March 18, 2002 and this deficiency constitutes an uncorrected
deficiency.
12. Pursuant to Section 400.23(8), Florida Statutes, PETITIONER may impose a
$2,000 fine against Respondent for this deficiency.
CLAIM FOR RELIEF
WHEREFORE, PETITIONER respectfully requests the following relief:
1 confirm factual findings as delineated hereinabove.
2) Impose a $2000 fine against Respondent;
3)
Grant any other general and equitable relief as deemed necessary
in the furtherance of justice
Agency for Health Care Administration
DY Peberd Jisweh Saliba
Richard Joseph Saliba, Esquire,
As Senior Attorney
Agency for Health Care Administration
Building 3, Mail Stop #3
2727 Mahan Drive
Tallahassee, Florida 32308
(850) 922-5865 (office): (850) 921-0158 fax
Docket for Case No: 03-000396
Issue Date |
Proceedings |
Jul. 15, 2004 |
BY ORDER OF THE COURT: Appellant`s motion filed June 16, 2004, for re-hearing is denied, motion filed June 17, 2004, for stay of issurance is denied, and appellants` suggestion filed June 17, 2004, is denied.
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Apr. 21, 2004 |
BY ORDER OF THE COURT: Appellants are to file with this court within fifteen (15) days a Brief not to exceed ten (10) pages in length.
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Dec. 10, 2003 |
BY ORDER OF THE COURT: Ordered that appellee`s motion filed December 3,2003, to amend party name is granted.
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Oct. 31, 2003 |
BY ORDER OF THE COURT: Ordered that appellants` renewed first motion filed October 27,2003, for continuance is granted.
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Oct. 27, 2003 |
BY ORDER OF THE COURT: Ordered that appellants` first motion filed October 20, 2003 for continuance to file initial appellate brief is hereby denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a) filed.
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Apr. 02, 2003 |
Order Closing File issued. CASE CLOSED.
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Apr. 01, 2003 |
Motion for Abeyance (filed by Petitioner via facsimile).
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Mar. 18, 2003 |
Order of Consolidation issued. (Case 03-000396) was added to the consolidated batch).
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Mar. 10, 2003 |
Motion to Consolidate (cases requested to be consolidated 03-0396, 02-2688) (filed by Petitioner via facsimile).
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Feb. 28, 2003 |
Order of Pre-hearing Instructions issued.
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Feb. 28, 2003 |
Notice of Hearing issued (hearing set for April 10, 2003; 10:00 a.m.; Tavares, FL).
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Feb. 19, 2003 |
Petitioner`s Response to Initial Order (filed via facsimile).
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Feb. 04, 2003 |
Initial Order issued.
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Feb. 03, 2003 |
Explanation of Rights Under Sec. 120.569, Florida Statues filed.
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Feb. 03, 2003 |
Display of License filed.
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Feb. 03, 2003 |
Notice of Assignment of Conditional Licensure Status filed.
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Feb. 03, 2003 |
Certificate of Service filed.
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Feb. 03, 2003 |
Administrative Complaint filed.
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Feb. 03, 2003 |
Petition for Formal Administrative Hearing filed.
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Feb. 03, 2003 |
Notice (of Agency referral) filed.
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