Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: MADISON HEALTH INVESTORS LLC, D/B/A LAKE PARK OF MADISON
Judges: ELLA JANE P. DAVIS
Agency: Agency for Health Care Administration
Locations: Madison, Florida
Filed: Dec. 11, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 7, 2004.
Latest Update: Dec. 24, 2024
Certified Mail Receipt
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AHCA NO: 2003007398
Petitioner,
2003007520
v.
MADISON HEALTH INVESTORS LLC
d/b/a LAKE PARK OF MADISON,
Respondent.
/
ADMINISTRATIVE COMPLAINT
COMES NOW the AGENCY FOR HEALTH CARE ADMINISTRATION
(‘AHCA’), by and through the undersigned counsel, and files this
Administrative Complaint against Madison Health Investors LLC d/b/a
Lake Park of Madison, (“hereinafter “Lake Park of Madison”), pursuant to
Section 120.569, and 120.57, Florida Statutes, (2002), and alleges:
NATURE OF THE ACTION
1. This is an action to impose an administrative fine against
Lake Park of Madison, pursuant to Section 400.23(8)(b), Fla. Stat. (2002),
42 CFR 483.25{j), and Section 59A-4.1288, Florida Administrative Code
(2002). The Agency also intends to impose a conditional rating effective
September 17, 2003 through August 31, 2004, pursuant to Section
400.23(7), Fla. Stat. (2002) case no. 2003007520.
JURISDICTION AND VENUE
2. This count has jurisdiction pursuant to Sections 120.569 .
and 120.57, Florida Statutes, (2002).
3. Venue lies in Escambia County, Madison, Florida, pursuant
to Section 120.57, Florida, (2002), and Chapter 59A-4, Florida
Administrative Code.
PARTIES
4. AHCA is the regulatory authority responsible for licensure
and enforcement of all applicable statutes and rules governing skilled
nursing facilities pursuant to Chapter 400, Part I, Florida Statutes,
(2002), and Chapter 59A-4 Florida Administrative Code.
5. Lake Park of Madison, Inc. is a for-profit Florida corporation,
Whose 120-bed nursing home is located at 1900 Country Club Drive,
Madison, Florida. Lake Park of Madison is licensed as a skilled nursing
facility license #SNF16360961; certification number 8921 effective
9/17/2003 through 8/31/2003. Lake Park of Madison 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 I
LAKE PARK OF MADISON FAILED TO MAINTAIN APPROPRIATE
HYDRATION AS INDICATED IN RESIDENT CARE PLANS FOR 2 OF 6
SAMPLED RESIDENTS. DUE TO THE FACILITY’S LACK OF
PROVIDING SUFFICIENT FLUIDS, RESIDENT #6 HAD BEEN
DIAGNOSED AS BEING DEHYDRATED AND RESIDENT #1 HAD BEEN
DIAGNOSED WITH MULTIPLE URINARY TRACT INFECTIONS AND
FECAL IMPACTIONS, WHICH ARE INDICATIVE OF POSSIBLE
DEHYDRATION.
FEDERAL TAG F327-Quality of Care
Section 42 C.F.R. 483.25(J)
Section 59A-4.1288, Florida Administrative Code (2002)
6. AHCA realleges and incorporates paragraphs (1) through (5)
as if fully set forth herein.
7. On or about September 16, 2003, AHCA conducted a
complaint investigation at the Respondent’s facility. AHCA cited the
Respondent based on the findings below, to wit:
a.) During a complaint investigation on or about September 16,
2003, Lake Park of Madison failed to maintain appropriate hydration as
indicated in resident care plans for 2 of 6 sampled residents. Due to the
facility’s lack of providing sufficient fluids resident #6 had been
diagnosed as being dehydrated and resident #1 had been diagnosed with
multiple urinary tract infections and fecal impactions, which are
indicative of possible dehydration.
8. The above constitutes a violation of Section 42 C.F.R.
483.25(j}, requiring that the facility must provide each resident with
sufficient fluid intake to maintain proper hydration and health.
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9. The violation alleged herein constitutes a class II deficiency,
and warrants a fine of $2,500.
WHEREFORE, AHCA demands the following relief:
1. Enter factual and legal findings as set forth in the allegations
of this administrative complaint.
2. Impose a fine in the amount of $2,500.
The above constitutes a violation of Section 59A-4.1288, Florida
Administrative Code (2002) requiring that nursing homes that participate
in Tile XVIII or XIX must follow certification rules and regulations found
in 42 C.F.R. 483, requirements for Long Term Care Facilities, September
26, 1991, which is incorporated by reference. Non-certified facilities must
follow the contents of this rule and the standards contained in the
Conditions of Participation found in 42 C.F.R. 483, requirements for
Long Term Care Facilities, September 26, 1991, which is incorporated by
reference with respect to social services, dental services, infection
control, dietary and the therapies.
The above constitutes a violation of Section 400.23(8)(b), Fla. Stat.
(2002), providing that a class II deficiency is a deficiency that the agency
determines has compromised the resident’s ability to maintain or reach
his highest practicable physical, mental, and psychosocial well-being, as
defined by an accurate and comprehensive resident assessment, plan of
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care, and provision of services. A class II deficiency is subject to a civil
penalty of 2,500 for an isolated deficiency, $5,000 for a patterned
deficiency, and $7,500 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 fine shall be levied notwithstanding the correction of the
deficiency.
The above constitutes a violation of Section 400.23(7), Fla. Stat. (2002),
requiring that the agency shall, at least every 15 months, evaluate all
nursing home facilities and make a determination as to the degree of
compliance by each licensee with the established rules adopted under
this part as a basis for assigning a licensure status to that facility. The
agency shall base its evaluation on the most recent inspection report,
taking into consideration findings from other official reports, surveys,
interviews, investigations, and inspections. The agency shall assign a
licensure status of standard or conditional to each nursing home.
Respondent is notified that it has a right to request an administrative
hearing pursuant to Section 120.57, Fla. Stat. (2002). 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, MS #3, 2727 Mahan Drive, Tallahassee,
Florida, 32308; Michael O. Mathis, Senior Attorney.
RESPONDENT IS FURTHER NOTIFED THAT THE FAILURE TO
REQUEST A HEARING WITHIN 21 DAYS OF RECEIPT OF THIS
COMPLAINT WILL RESULT IN AN ADMINISTRATION OF THE FACTS
ALLEGED IN THE COMPLAINT AND THE ENTRY OF A FINAL ORDER
BY THE AGENCY.
ceca tse 9° day ot Dporn
Respectfully submitted this _3 day of bye GF™~_, 2003.
Michael O. Mathis
Fla. Bar. No. 0325570
Counsel for Petitioner,
Agency for HealthCare
Administration
Bldg. 3, MSC#3
2727 Mahan Drive
Tallahassee, FL 32308
(850) 921-0055 (office)
(850) 921-0158 (fax)
Barbara Alford
Lealand McCharen
Agency for Health Care
Administration
CERTIFICATE OF SERVICE
I HEREBY CERTIFIY that a true and correct copy of the foregoing has
been served by certified mail on ark day of Mov ? ther , 2003
to: Marlane Kay Williams, Administrator, Lake Park of Madison, 1900
Country Club Road, Madison, Florida 32340.
uhrawtives—
Michael O. Mathis, Esq.
Docket for Case No: 03-004686
Issue Date |
Proceedings |
Jul. 07, 2004 |
Order Closing File. CASE CLOSED.
|
Jul. 07, 2004 |
Notice of Voluntary Dismissal (filed by D. Stinson via facsimile).
|
Jun. 14, 2004 |
Agency Response to Pre-Hearing Instructions (filed via facsimile).
|
Jun. 11, 2004 |
AHCA`s First Interrogatories to Respondent (filed via facsimile).
|
Jun. 11, 2004 |
Amended Notice of Service of Interrogatories to Madison Health Investors LLC d/b/a Lake Park of Madison (filed by Petitioner via facsimile).
|
Jun. 09, 2004 |
Notice of Service of First Set of Interrogatories to Madison Health Investors LLC d/b/a Lake Park of Madison (filed by Petitioner via facsimile).
|
Jun. 09, 2004 |
AHCA`s First Request for Production of Documents and First Set of Interrogatories (filed via facsimile).
|
Jun. 09, 2004 |
Order of Pre-hearing Instructions.
|
Jun. 09, 2004 |
Notice of Hearing (hearing set for August 24, 2004; 10:30 a.m.; Madison, FL).
|
Jun. 01, 2004 |
Order Reopening File. CASE REOPENED.
|
May 10, 2004 |
Notice for Deposition Duces Tecum (filed by Respondent via facsimile).
|
May 03, 2004 |
Motion to Reopen Case (filed by Respondent via facsimile).
|
Mar. 17, 2004 |
Order Closing File. CASE CLOSED.
|
Mar. 15, 2004 |
Joint Motion for Abeyance (filed by Respondent via facsimile).
|
Jan. 06, 2004 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for March 26, 2004; 9:30 a.m.; Madison, FL).
|
Jan. 05, 2004 |
Joint Motion for Continuance and to Re-scheduled Hearing filed by Petitioner.
|
Dec. 29, 2003 |
Order of Pre-hearing Instructions.
|
Dec. 29, 2003 |
Notice of Hearing (hearing set for February 4, 2004; 10:30 a.m.; Madison, FL).
|
Dec. 17, 2003 |
Joint Response to Initial Order (filed by D. Stinson via facsimile).
|
Dec. 12, 2003 |
Initial Order.
|
Dec. 11, 2003 |
Administrative Complaint filed.
|
Dec. 11, 2003 |
Request for Formal Administrative Hearing filed.
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Dec. 11, 2003 |
Notice (of Agency referral) filed.
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