Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: FIZA INVESTMENT, INC., D/B/A WINDSOR COURT
Judges: ROBERT E. MEALE
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Oct. 20, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, December 1, 2003.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA 03 for 5
AGENCY FOR HEALTH CARE ADMINISTRATION SE
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Petitioner, AHCA No.: 2003006103
Return Receipt Requested:
v. 7002 2410 0001 4236 9120
7002 2410 0001 4236 9137
FIZA INVESTMENT, INC., d/b/a 7002 4210 0001 4236 9144
WINDSOR COURT,
Respondent.
ADMINISTRATIVE COMPLAINT
COMES NOW the Agency for Health Care Administration
(hereinafter “AHCA” or the “Agency”), by and through the
undersigned counsel, and files this Administrative Complaint
against Fiza Investment, Inc., d/b/a Windsor Court
(hereinafter “Windsor Court” or the “facility”), pursuant to
Chapter 400, Part III, and Section 120.60, Florida Statutes,
(2002), and alleges:
NATURE OF THE ACTION
1. This is an action to impose and maintain the
Agency’s administrative fine and survey fee totaling
$10,500.00, pursuant to Sections 400.414, 400.419, Florida
Exhibit "A"
Statutes (2002), for the protection of the public health,
safety and welfare.
JURISDICTION AND VENUE
2. This Court has jurisdiction pursuant to Sections
120.569 and 120.57, Florida Statutes, and 28-106, Florida
Administrative Code.
3. Venue lies in Palm Beach County, pursuant to Section
120.57, Fla. Stat. and Rule 28-106.207, Florida Administrative
Code.
PARTIES
4. AHCA is the regulatory authority responsible for
licensure and enforcement of all applicable statutes and rules
governing assisted living facilities, pursuant to Chapter 400,
Part III, Florida Statutes (2002), and Chapter 58A-5, Florida
Administrative Code.
5. Windsor Court operates a 9i-bed assisted living
facility located at 3700 N. Poinsettia Avenue, West Palm
Beach, Florida 33407. Windsor Court is licensed as an assisted
living facility under license number AL5943, with an
expiration date of April 9, 2004. Windsor Court was at all
times material hereto a licensed facility under the licensing
authority ‘of AHCA and was required to comply with all
applicable rules and statutes.
COUNT T
WINDSOR COURT FAILED TO PROVIDE CARE AND SERVCIES APPROPRIATE
TO THE NEEDS OF EACH RESIDENT AND FAILED TO ENSURE THAT
RESIDENTS WERE FREE FROM NEGLECT.
400.428(1), Fla. Stat. and/or 58A-5.0182 F.A.C., and/or 58A-
5.0182 (3) (a), F.A.C., and/or 58A-5.0181(2), F.A.c.
(RESIDENT CARE STANDARDS)
CLASS I VIOLATION
6. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
7. “As. a result of a complaint investigation survey
conducted by the Agency on 8/15/2003 and based on record
review and interview, the Agency found that: Windsor Court
failed to provide care and services appropriate to the needs
of each resident.and failed to ensure that residents were free
from neglect. The Agency found that all residents were not
receiving proper care and services nor free of neglect.
Findings include the following, to wit:
8. Resident #1 was admitted to the facility on
6/03/2003, and was noted to be confused and using a walker to
ambulate. The facility did not have the required medical
“examination performed. This resident was admitted without
full medical knowledge of the resident’s needs, any special
requirements and any precautions. The resident fell on
—
7/17/2003 and sustained a fracture of this/her left shoulder.
9. The resident returned to the facility on 7/18/2003.
The facility still did not ensure that a required medical
examination of the resident was performed. The hospital
discharge notes and patient directions indicated that the
resident was to see a Physician within 48 hours after
discharge. The discharge directions specified the name of the
physician that the resident was to see. The facility did not
contact and arrange for this follow-up care nor assist the
resident win making or keeping the appointment. By not
ensuring» that a medical examination was performed, the
resident’s needs, special requirements and any precautions
needed were unknown, presenting an imminent: danger to the
resident.
10. After ‘sustaining a fall. on 7/17/2003 at ll pm,
Resident #1 was taken to the hospital emergency room where
she/he was diagnosed with a fracture of her/his left shoulder
and then returned to the facility at 2 am on 7/18/2003,
ll. The hospital ‘discharge notes and patient directions
indicated that the resident was to see a physician within 48
hours. The discharge directions also specified the name of
the physician that the resident was to see. The facility did
not contact and arrange for this follow-up care nor assist the
resident in making or keeping the appointment. The facility
did not accomplish this and-also did not properly monitor the
resident’s condition during the following days.
12. Four days later, on 7/23/2003, the facility first
noticed that! the resident’s hand was turning blue. At that
time, a visiting agency nurse was asked to look at the
resident’s arm and then, after calling a physician, the
resident was returned to the hospital emergency room. As a
result of the lack of follow-up care and monitoring, the
resident was found to have a gangrenous arm, which, according
to the treating physician, would need to be amputated to avoid
sepsis and death of the resident. The facility’s failure to
provide care and services appropriate to the needs of Resident
#1 and failure to ensure that the resident’ was free from
neglect presented an imminent danger to the resident or a
substantial probability that death or serious harm would
result therefrom.
13. Based on the foregoing, Windsor Court violated
400.428(1), Fla. Stat., -and/or S58A-5.0182, F.A.C., and/or
58A-5.0182(3) (a), F.A.C., and/or 58A-5.0181(2), F.A.C., a
Class I violation, pursuant to Section 400.419(1) (a), Florida
Statutes, which carries an assessed fine of $10,000.00.
SURVEY FEE
14. Pursuant to Section 400.419(8), Florida statutes,
AHCA may assess a survey fee of $500 to cover the cost of
conducting complaint investigations that result in the finding
of a violation that was the subject of the complaint or
monitoring visits.
PRAYER FOR RELIEF
WHEREFORE, the Petitioner, State of Florida Agency for
Health Care Administration requests the following relief:
A. Make factual and legal findings in favor of: the
Agency on Count I.
B. Assess an administrative fine of $10,000
against Windsor Court on Count I for the Class I violation.
Cc. Assess a survey fee of $500 against Windsor
Court, pursuant to Section 400.419(9), Florida Statutes.
D. Grant such other relief as this Court deems is
just and proper.
Respondent is notified that it has a right to request an
administrative hearing pursuant to Sections 120.569 and
120.57, Florida Statutes (2002). Specific: options for
administrative action are set out in the attached Election of
Rights and explained in the attached Explanation of Rights.
All requests for hearing shall be made to the Agency for
Health Care Administration, and delivered to the Agency for
Health Care ‘Administration, 2727 Mahan Drive, Mail Stop #3,
Tallahassee, Florida 32308, attention Agency Clerk, telephone
(850) 922-5873.
RESPONDENT IS FURTHER NOTIFIED THAT THE FAILURE TO RECEIVE A
REQUEST FOR 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,
Kathryn F. Fenske, Esq.
Assistant General Counsel
Agency for Health Care
Administration
Florida Bar # 142832
8355 N.W. 53 Street
Miami, Florida 33166
(305) 499-2165
Copies furnished to:
Diane Reiland
Field Office Manager
Agency for Health Care
Administration :
1710 East Tiffany Drive, Suite 100
West Palm Beach, FL 33407
(Inter-office mail)
Jean Lombardi
Finance and Accounting
Agency for Health Care
Administration
2727 Mahan Drive
Tallahassee, ,Florida 32308
(Inter-officé Mail)
Assisted Living Facility Unit Program
Agency for Health Care
Administration
2727 Mahan Drive
Tallahassee, Florida 32308
(Interoffice Mail)
CERTIFICATE OF SERVICE
SE VE SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been furnished by U.S. Certified Mail, Return
Receipt Requested to Carmen Guzman, Administrator, Windsor
Court, 3700 N. Poinsettia Avenue, Fiza Investment, Inc., 3700
N. Flagler Drive, West Palm Beach, Florida 33407 and to Arvind
B. Ajinkya, Registered Agent, 4524 Gun Club Road #102, West
Palm Beach, Florida 33415 on. LSA) , 2003.
Kathfyn f. Fenske, Esq.
Docket for Case No: 03-003853
Issue Date |
Proceedings |
Jan. 09, 2004 |
Final Order filed.
|
Dec. 01, 2003 |
Order Closing File. CASE CLOSED.
|
Nov. 25, 2003 |
Agreed Motion for Sixty-Day Abeyance filed by J. Smith.
|
Nov. 19, 2003 |
Notice of Substitution of Counsel and Notice of Appearance (filed by A. Rodriguez, Esquire, via facsimile).
|
Oct. 29, 2003 |
Notice of Hearing by Video Teleconference (video hearing set for December 29, 2003; 9:00 a.m.; Miami and Tallahassee, FL).
|
Oct. 28, 2003 |
Agreed Response to the Initial Order filed by J. Smith.
|
Oct. 21, 2003 |
Initial Order.
|
Oct. 20, 2003 |
Motion to Dismiss filed.
|
Oct. 20, 2003 |
Explaination of Rights Under Sec. 120.569, Florida Statutes filed.
|
Oct. 20, 2003 |
Administrative Complaint filed.
|
Oct. 20, 2003 |
Election of Rights for Administrative Complaint filed.
|
Oct. 20, 2003 |
Petition for Formal Administrative Hearing filed.
|
Oct. 20, 2003 |
Notice (of Agency referral) filed.
|