Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: PAN AMERICAN HOSPITAL CORP., D/B/A PAN AMERICAN HOSPITAL
Judges: JOHN G. VAN LANINGHAM
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Dec. 11, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 29, 2004.
Latest Update: Dec. 23, 2024
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vs. AHCA NO.2003006330
Return Receipt Requested
PAN AMERICAN HOSPITAL CORP., 7002 2410 0001 4236 9151
d/b/a PAN AMERICAN HOSPITAL, 7002 2410 0001 4236 9168
Respondent.
/
ADMINISTRATIVE COMPLAINT
COMES NOW the Agency for Health Care Administration
(hereinafter “AHCA”), by and through the undersigned counsel,
files this Administrative Complaint against Pan American
Hospital Corp., d/b/a Pan American Hospital (hereinafter “Pan
American Hospital”) pursuant to 28-106.111 Florida
Administrative Code (2001) (F.A.C.) and Chapter 120, Florida
Statutes ("Fla. Stat.") hereinafter alleges:
NATURE OF THE ACTION
1. This is an action to impose an administrative fine
in the amount of twenty thousand ($20,000.00) dollars pursuant
to Section 395.1065(2) (a) Fla. Stat.
JURISDICTION AND VENUE
2. This court has jurisdiction pursuant to Section
120.569 and 120.57 Fla. Stat. and Chapter 28-106 F.A.C.
3. Venue lies in Dade County, pursuant to 120.57 Fla.
Stat. and Chapter 28, F.A.C.
PARTIES
4. AHCA is the enforcing authority with regard to
Hospital licensure law pursuant to Chapter 395, Part I, Fla.
Stat. and Rules 59A-3 F.A.C.
5. Pan American Hospital is a hospital facility
located at 5959 N.W. 7° Street, Miami, Florida 33126 and is
licensed under Chapter 395, Part I, Fla. Stat. and Chapter
59A-3. F.A.C.
COUNT I
PAN AMERICAN HOSPITAL FAILED TO PROVIDE A METHOD FOR ASSURING
THAT A REVIEW OF EMERGENCY PATIENT CARE AND SERVICES IS
PERFORMED AND DOCUMENTED AT LEAST MONTHLY
59A-3.255(6) (f), F.A.C.
(EMERGENCY CARE)
6. AHCA re-alleges and incorporates (1) through (5) as
if fully set forth herein.
7. During the State Validation survey conducted on
2/10-12/2003 and based on review of the performance
improvement program and interview the facility failed to
provide a method for assuring that a review of emergency
patient care and services is performed and documented at least
monthly, using the medical record and pre-established
criteria.
8. Review of the performance improvement program
records and interview with the Performance Improvement
Coordinator on 2-11-03 revealed that the system has
predetermined processes that are monitored. The system does
not allow for unexpected or unusual occurrences that may
impact the health and safety of patients. There was no
evidence of information being gathered to monitor the
Emergency Room psychiatric transfer process in the performance
program.
9. Interview with the Director of Social Work on 2-11-
03 revealed that the problem with patient transfer to
psychiatric facilities was reported to the Director of
Performance Improvement as required by department policy.
Interview with the Director of Performance Improvement on 2-
11-03 revealed that he/she was aware of the problems that the
social workers were having with the transfers from the
Emergency Room to psychiatric receiving facilities. Further
interview with the Director of Performance Improvement
revealed that the problems with the transfer process were not
reported the Chief Operating Officer, as required by
department policy. There was no evidence of tracking and/or
trending the Baker Act and/or transfer process to the
psychiatric receiving facilities in the performance
improvement records reviewed. Time given for correction:
3/13/2003.
10. During a complaint investigation conducted on
8/21/2003 and based on record review and interview the
facility did not review the Emergency Room (ER) records
monthly to insure that the appropriate care is being provided
and documented in the medical record for 20 of 20 sample
records reviewed. The findings include:
11. Review of the Performance Improvement Program
revealed no evidence that the ER records were being reviewed
for completeness of the medical record. Review of the 20 ER
records revealed that 10 of the patients were admitted to the
hospital for further treatment and 10 were discharged home. of
the 10 patients who were treated in the ER and discharged;
there was no evidence of physicians discharge order from the
ER for patients #5, #7, #14, #16, and #17; there was no
evidence of discharge instructions for patients # 4 and #5;
there was no evidence that physicians documented progress
notes throughout the ER stay to indicate that the patient was
medically clear for discharge or their initial impressions and
differential diagnoses, additional assessments of the patient
or the final diagnosis upon discharge of the patient from the
ER for patients #4, #7, #11, #15 and #17. Review of the 20
records of patients seen in the ER revealed that there was
evidence that the physicians failed to date and time the
medical screening documentation for patients # 1, #2, #3, #4,
#6, #7, #8, #9, #10, #11, #12, #13, #14, #15, #16, and #18.
For sample patient # 19 the record revealed that the patient
was admitted to the ER at 6 pm and admitted as an inpatient at
10:20 pm, but the medical screen was documented as 8 am. There
was no evidence of a date on the form. Interview with the
Director of the ER confirmed that a monthly audit of the
medical records had not been completed.
12. Based on the foregoing, Pan American Hospital
violated 59A-3.255(6) (f), F.A.C., carrying in this case, an
assessed fine of $1,000.00 x 20 patients’ records =
$20,000.00.
PRAYER FOR RELIEF
WHEREFORE, AHCA intends to:
A. Assess against Pan American Hospital an
administrative fine of $20,000.00 for the violations described
in Count I in accordance with Section 395.1065(2) (a) Fla.
Stat.
B. Award the Agency for Health Care Administration
reasonable attorney’s fees, expenses, and costs.
Respondent is notified that it has a right to request an
administrative hearing pursuant to Sections 120.569 and
120.57, Florida Statues (2001). 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 Agency for Health
Care Administration, Lealand McCharen, Agency Clerk, 2727
Mahan Drive, Mail Stop #3, Tallahassee, Florida 32308,
Telephone (850) 922-5873.
RESPONDENT IS FURTHER NOTIFIED THAT FAILURE TO RECEIVE A
REQUEST FOR A HEARING WITHIN TWENTY-ONE (21) DAYS OF RECEIPT
OF THIS COMPLAINT, PURSUANT TO THE ATTACHED ELECTION OF
RIGHTS, WILL RESULT IN AN ADMISSION OF THE FACTS ALLEGED IN
THE COMPLAINT AND THE ENTRY OF A FINAL ORDER BY THE AGENCY.
Respectfully submitted.
\
so - Rodney
Assistant General Counsel
Agency for Health Care Administration
8355 NW 53°* Street
Miami, Florida 33166
(305) 499-2165
Copies furnished to:
Diane Lopez-Castillo
Field Office Manager
Agency for Health Care Administration
8355 NW 534 Street
Miami, Florida 33166
Elizabeth Dudek
Deputy Secretary
Agency for Health Care
Administration
2727 Mahan Drive
Tallahassee, Florida 32308
Jean Lombardi
Finance and Accounting
Agency for Health Care
Administration
2727 Mahan Drive
Tallahassee, Florida 32308
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing complaint and election of rights was sent by U.S.
Certified Mail, Return Receipt Requested to the Administrator,
Pan American Hospital, 5959 N.w, 7th Street, Miami, Florida
33126 and to Robert E. Venney, Registered Agent, 901 Ponce de
Leon Blvd., Coral Gables, Florida 33134 on
Sat Loe , 2003.
Nelson FE. Rodney
Docket for Case No: 03-004684
Issue Date |
Proceedings |
Apr. 22, 2004 |
Respondent`s Suggestion of Bankruptcy filed.
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Jan. 29, 2004 |
Order Closing File. CASE CLOSED.
|
Jan. 28, 2004 |
Joint Motion to Relinquish Jurisdiction without Prejudice (filed by Petitioner via facsimile).
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Jan. 12, 2004 |
Order Denying Respondent`s Motion to Dismiss or Strike.
|
Jan. 09, 2004 |
Letter to Judge Van Laningham from M. Bartolomei regarding filed Motion to Dismiss and/or Motion to Strike filed.
|
Dec. 31, 2003 |
Order of Pre-hearing Instructions.
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Dec. 31, 2003 |
Notice of Hearing by Video Teleconference (video hearing set for February 9, 2004; 9:00 a.m.; Miami and Tallahassee, FL).
|
Dec. 22, 2003 |
Respondent`s Notice of Service of Interrogatories filed.
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Dec. 22, 2003 |
Respondent`s Request to Produce filed.
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Dec. 22, 2003 |
Respondent`s Notice of Filing, Request to Produce and Interrogatories filed.
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Dec. 16, 2003 |
Joint Response to Initial Order (filed by Petitioner via facsimile).
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Dec. 12, 2003 |
Initial Order.
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Dec. 11, 2003 |
Administrative Complaint filed.
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Dec. 11, 2003 |
Respondent`s Amended Motion to Dismiss and/or Motion to Strike filed.
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Dec. 11, 2003 |
Respondent`s Petition for Formal Hearing filed.
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Dec. 11, 2003 |
Notice (of Agency referral) filed.
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