Certified Mail Receipt (7004 1160 0003 3739 8507) eet Y he ne STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, AHCA NO: 2005006923 VS. JIMMY & GLORIA GAINEY d/b/a GAINEY’S A.L.F., Db . O 2y 7 i 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 Jimmy & Gloria d/b/a Gainey's A.L.F. (hereinafter “Gainey's A.L.F.”), pursuant to Sections 120.569, and 120.57, Fla. Stat. (2005), and alleges: . NATURE OF THE ACTION 1. This is an action to impose eight (8) administrative fines for a total of Four Thousand Dollars ($4,000.00), based upon eight (8) uncorrected Class III deficiencies pursuant to §400.419(2)(c), 400.441(1)(e), 400.428(1)(1), 400.426(4), 400.417(2), and §400.414, Fla. Stat. (2005), and Rules 58A-5.024(1)(b), 58A-5.024(1)(k), 58A-5.024(3)(c), 58A-5.019(3), 58A-5.019(4)(a)1, 58A-5.0185(5)(b), and 58A-5.0182(6)(c), Fla. Admin. Code (2005). JURISDICTION AND VENUE 2. AHCA has jurisdiction pursuant to Chapter 400, Part II], Fla. Stat., and Sections 120.569 and 120.57, Fla. Stat. (2005). 3, Venue lies in Washington County, Vernon, Florida, pursuant to Section 120.57 Fla. Stat: (2005), Rule 58A-5, Fla. Admin. Code (2005), and Section 28.106.207, Fla. Stat. (2005). 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 II], Fla. Stat. and Rule 58A-5, Florida Administrative Code (2005). 5. Gainey’s A.L.F. is a for-profit corporation, whose 16-bed assisted living facility is located at 3328 Highway 277, Vernon, FL. Gainey’s A.L.F. is licensed as an assisted living facility, license # AL8103 certificate number #15354, effective October 08, 2003 through October 07, 2005. Gainey’s A.L.F. was, at all times material hereto, a licensed facility under the licensing authority of AHCA, and was required to comply with all applicable tule and statutes. COUNT I GAINEY’S A.L.F. FAILED TO MAINTAIN AN UP-TO-DATE ADMISSIONS/DISCHARGE LOG. THE ADMISSION/ DISCHARGE LOG DID NOT INCLUDE ALL REQUIRED INFORMATION (THE REASON FOR DISCHARGE; AND THE FACILITY TO WHICH THE RESIDENT WAS DISCHARGED OR HOME ADDRESS, OR IF THE PERSON IS DECEASED, THE DATE OF DEALTH) FOR 1 OF 5 RECORDS STATE TAG A201-FACILITY RECORDS STANDARDS Section 400.419(2)(c), Fla. Stat. (2005) VIOLATIONS; IMPOSITION OF ADMINISTRATIVE FINES; GROUNDS Section 400.441(1)(e), Fla. Stat. (2005) RULES ESTABLISHING STANDARDS Section 58A-5.024(1)(b), Fla. Admin. Code (2004) RECORDS 6. AHCA realleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 7. On or about July 26, 2005, AHCA conducted a follow-up survey at the Respondent's facility. AHCA cited the Respondent based on the findings below, to wit: a. On or about April 26, 2005, Gainey’s A.L-F failed to maintain an up-to-date admissions/discharge log. The admission log did not contain the current status for 1 current resident and 1 resident who had been discharged (#’s 8 & 4). b. On or about July 26, 2005, Gainey’s A.LF. failed to maintain an up-to-date admissions/discharge log did not include all required information (the reason for discharge; and the facility to which the resident was discharged or home address, or if the person is deceased, the date of death) for 1 of 5 records. The findings are: 1) During record review of the admit and discharge log on 07/26/05 at approximately 11:00 a.m. it was revealed that a resident (#4) was discharged on 07/02/05 but the log did not contain the reason for discharge and the location or facility to which the resident was discharged to as required. 2) An interview with the administrator on 7/26/05 at approximately 12:05 p.m. revealed that resident #4 was discharged on 07/02/05. The administrator stated, "I didn't know I had to fill our all of the blocks on the admit and discharge log. 8. The regulatory provisions of the Florida Statutes that are pertinent to this alleged violation read as follows: cvs 400.419 Violations; imposition of administrative fines; grounds. ~ (2\c) Class “III” violations are those conditions or occurrences related to the operation and maintenance of a facility or to the personal care of residents which the agency determines indirectly or potentially threaten the physical or emotional health, safery, or security of the facility residents, other than class 1 violations or class II violations. The agency shall impose an administrative fine for a cited class If violation in an amount not less than $500 and not exceeding $1,000 for each violation. A citation for a class III violation must specify the time within which the violation is required to be corrected. If a class III violation is corrected within the time specified, no fine may be imposed, unless it is a repeated offense. toe oe 400.441 Rules establishing standards.— (1)(e) License application and license renewal, transfer of ownership, proper management of resident funds and personal property, surety bonds, resident contracts, refund policies, financial ability to operate, and facility and staff records. Rule 58A-5.024 Records -~ An up-to-date admission and discharge log listing the names of all residents and each resident's. x ok Ok 8. The violation alleged herein constitutes an uncorrected class III deficiency and warrants a fine of $500. WHEREFORE, AHCA demands the following relief: 1. Enter factual and findings as set forth in the allegations of this administrative complaint. 2. Impose a fine in the amount of $500. COUNT Il GAINEY’S A.L.F, FAILED TO HAVE A COMPLETE WRITTEN GRIEVANCE PROCEDURE THAT INCLUDES HOW THE FACILITY WILL RESPOND TO COMPLAINTS. (REFER TO TAG A719 THAT REQUIRES FACILITYIES TO DEMONSTRATE THE IMPLEMENTATION OF THE GRIEVANCE PROCEDURE). STATE TAG A208-FACILITY RECORDS STANDARDS Section 400.419(2)(c), Fla. Stat. (2005) VIOLATIONS; IMPOSITION OF ADMINISTRATIVE FINES; GROUNDS Sections 400.428(1)(i), Fla. Stat. (2005) RESIDENT BILL OF RIGHTS Section 58A-5.024(1)(k), Fla. Admin. Code (2005) RECORDS 9. AHCA re-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 10. On or about July 26, 2005, AHCA conducted a follow-up survey at the Respondent's facility. AHCA cited the Respondent based on the findings below, to wit: a. On or about April 5, 2005, Gainey’s A.L.F. failed to have a written grievance procedure for receiving and responding to complaints. (Refer to tag A719 that requires facilities to demonstrate the implementation of their grievance procedure). b. On or about July 26, 2005, failed to have a complete written grievance procedure that includes how the facility will respond to complaints. (Refer to tag A719 that requires facilities to demonstrate the implementation of their grievance procedure). The findings are: 1) During tour of the facility on 7/26/05 ar 9:30 am, it was observed that a hand written grievance policy was posted on a bulletin board stating "use the suggestion box or contact your case manager" for receiving complaints and submitting recommendations. The policy did not state if or how the facility was to respond to complaints or recommendations. -2) An interview during the tour with #6 on 07/26/05 at approximately 10:10 a.m. when asked how are complaints/grievances handled at the facility resident #6 stated, "There is no grievance policy." 3) An interview with the owner/administrator on 07/26/05 at approximately 3:45 p.m., she acknowledged the hand written policy stated "use the suggestion box or contact your case manager," she also indicated that the facility does not have a written portion to the grievance procedure that deals with responding to resident complaints and recommendations. 11. The regulatory provisions of the Florida Statutes that are pertinent to this alleged violation read as follows: 400.419 Violations; imposition of administrative fines; grounds. ~ (2c) Class "III" violations are those conditions or occurrences related to the operation and maintenance of a facility or to the personal care of residents which the agency determines indirectly or potentially threaten the physical or emotional health, safety, or security of the facility residents, other than class I violations or class II violations. The agency shall impose an administrative fine for a cited class III violation in an amount nor less than $500 and not exceeding $1,000 for each violation. A citation for a class II] violation must specify the time within which the violation is tequired to be corrected. If a class Ill violation is corrected within the time specified, no fine may be imposed, unless it is a repeated offense. 400.428 Resident bill of rights.— (1)(i) Present grievances and recommend charge in policies, procedures, and services to the staff af the facility, governing officials, or any other person without restraint, interference, coercion, discrimination, or reprisal. Each facility shall establish a grievance procedure to facilitate the resident's exercise of this right. This right includes access to ombudsman volunteers and advocates and che right to be a matter of, to be active in, and to associate with advocacy or special interest groups. ek ot Rule 58A-5.024 Facility Records Standards. ~ (1k) A grievance procedure for receiving and responding to resident complaints and recommendations as described in Rule 58A-5.0182, F.A.C: soe o* 12. The violation alleged herein constitutes an uncorrected class III deficiency and warrants a fine of $500. WHEREFORE, AHCA demands the following relief: 1. Enter factual and findings as set forth in the allegations of this administrative complaint. Impose a fine in the amount of $500. COUNT IIL GAINEY’S A.L.F, FAILED TO INCLUDE THE HEALTH CARE PROVIDER’S ORDERS FOR MEDIATIONS THAT REQUIRE A HEALTHCARE PROVIDER’S ORDER FOR ONE OF SEVEN SAMPLED RESIDENTS (RESIDENT #2). STATE TAG A304-RESIDENT RECORDS STANDARDS Section 400.419(2)(c), Fla. Stat. (2005) VIOLATIONS; IMPOSITION OF ADMINISTRATIVE FINES; GROUNDS Section 400.426(4), Fla. Stat. (2005) APPROPRIATENESS OF PLACEMENTS; EXAMINATIONS OF RIGHTS Section 58A-5.024(3)(c), Fla. Admin. Code (2005) RECORDS 13. AHCA re-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 14. On or about July 26, 2005, AHCA conducted a follow-up survey at the Respondent's facility. AHCA cited the Respondent based on the findings below, to wit: a. On or about April 26, 2005, Gainey's A.LF. failed to include the health care provider's orders for medications to be provided, for one of seven sampled residents (Resident #4). b. On or about July 26, 2005, Gainey's A.LF. failed to include the health care provider's orders for medications to be provided, for one of seven sampled residents (Resident #2). The findings are: 1. Observation of the medication pass was made on 7/26/05 at approximately 12:45 p.m. after the lunch meal was over. During this observation it was noted thar resident #2 received Hydrocodone/APAP (one tablet) by mouth. This medication was poured into the medication cap and the resident took the medication without incident. 2. Review of the medical record and Medication Observation Record (M.O.R.) for resident #2 revealed no order in the medical record for the Hydrocodone and no entry on the M.O.R. for this drug. The label oni the Hydrocodone bottle read 7/19/05." 3, In an interview with the Administrator on July 26, 2005 at approximately 11:45a.m., she stated she must have forgotten to write the Hydrocodone on the M.O.R. when the pharmacy sent it. She stated that the doctor did not give her any information regarding the start of the new medication. 15. The regulatory provisions of the Florida Statutes that are pertinent to this alleged violation read as follows: 400.419 Violations; imposition of administrative fines; grounds. ~ (2)c) Class "III" violations are those conditions or occurrences related to the operation and maintenance of a facility or to the personal care of residents which the agency determines indirectly or potentially threaten the physical or emotional health, safety, or security of the facility residents, other than class I violations or class II violations. The agency shall impose an administrative fine for a cited class II] violation in an amount not less than $500 and not exceeding $1,000 for each violation. A citation for a class II] violation must specify the time within which the violation is required to be corrected. Ifa class III violation is corrected within the time specified, no fine may be imposed, unless it is a repeated offense. 400.426 Resident Records Standards. -~ (4) If possible, each resident shall have been examined by a licensed physician or a licensed nurse practitioner within 60 days before admission to the facility. The signed and completed medical examination report shall be submitted to the owner or administrator of the facility who shall use the information contained therein to assist in the determination of the appropriateness of the resident's admission and continued stay in the faciliry, The medical examination report shall become a permanent part of the record of the resident at the facility and shall be made available to the agency during inspection or upon request, An assessment’ thar has been completed through the Comprehensive Assessment and Review for Long-Term Care Services (CARES) Program fulfills the requirements for a medical examination under this subsection and s, 400.407(3)(b)6. koe Rule 58A-5.024 Facility Records Standards. - (3)(c) Any health care provider's order for medications, nursing services, therapeutic diets, do nor resuscitate order, or other services to be provided, supervised, or implemented by the facility that require a health care provider's order. + oe * 16. The violation alleged herein constitutes an uncorrected class III deficiency and warrants a fine of $500. WHEREFORE, AHCA demands the following relief: 1. Enter factual and findings as set forth in the allegations of this administrative complaint. 2. Impose a fine in the amount of $500. COUNT IV GAINEY’S A.L.F, FAILED TO ENSURE THAT A LEVEL 1 BACKGROUND SCREEN WAS COMPLETED FOR 2 OF 6 SAMPLED EMPLOYEES (#4 & #6). STATE TAG A511-STAFFING STANDARDS Section 400.419(2)(c), Fla. Stat. (2005) VIOLATIONS; IMPOSITION OF ADMINISTRATIVE FINES; GROUNDS Section 400.4174(2), Fla. Stat. (2005) BACKGROUND SCREENING; EXEMPTIONS Section 58A-5.019(3), Fla. Admin. Code (2005) BACKGROUND SCREENING CHAPTER 435, B.S. 17. AHCA re-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 18. On or about July 26, 2005, AHCA conducted a follow-up survey at the Respondent’s facility. AHCA cited the Respondent based on the findings below, to wit: a. On or about April 26, 2005, Gainey’s A.L-F. failed to obtain evidence of compliance with a Level 1 background screening for staff #2. b. On or about July 26, 2005, Gainey’s A.L-F. failed to ensure that a Level 1 background screening was completed for 2 of 6 sampled employees (#4 & #6). alleged The findings are: 1. Review of the employment records for employees #4, & #6 revealed no Level 1 background check for those employees. 2. In an interview with the Administrator on July 26, 2005 at approximately 12:15p.m., she confirmed there were no Level I background screenings for employee #4 and was not sure why the screening for employee #6 was not in the employee file. 19. The regulatory provisions of the Florida Statutes that are pertinent to this violation read as follows: 400.419 Violations; imposition of administrative fines; grounds. - (2c) Class "HI" violations are those conditions or occurrences related to the operation and maintenance of a facility or to the personal care of residents which the agency determines indirectly or potentially threaten the physical or emotional health, safety, or security of the facility residents, other than class I violations or class Il violations. The agency shall impose an administrative fine for a cited class III violation in an amount not less than $500 and not exceeding $1,000 for each violation. A citation for a class II] violation must specify the time within which the violation is required to be corrected. Ifa class III violation is corrected within the time specified, no fine may be imposed, unless it isa repeated offense. 400.4174 Resident Records Standards. - (2) An officer or board member if the facility owner is a firm, corporation, partnership, or association, or any person owning 5 percent or more of the facility if the agency has probable cause to believe that such person has been convicted of any offense prohibited by s. 435.04. For each officer, board member, or person owning 5 percent or more who has been convicted of any such offense, the facility shall submir to the agency a description and explanation of the conviction art the time of license application. This subparagraph does not apply to a board member of a not-for-profit corporation or. organization if the board member serves solely in a voluntary capacity, does not regularly take part in the day-today operational decisions of the corporation or organization, receives no remuneration for his or her services, and has no financial interest and has no family members with a financial interest in the corporation or organization, provided that the board member and faciliry submit a statement affirming thar the board member's relationship to the facility satisfies the requirements of this subparagraph. + ee Rule 58A-5.019 Staffing Standards. - (3) (a) All staff, fired on or after October 1, 1998, ro provide personal services to residents must be ’ screening in accordance with Section 400.4174, F.S., and meer the screening standards of Section 435.03, F.S. A packet containing background screening forms and instructions may be obtained from the AHCA Background Screening Unit 2727 Mahan Drive, Tallahassee, FL 32308; Telephone (850) 410-3400. Within 10 days of rhe employee's stating work, the facility shall submit to the AHCA central office: 1. A completed Criminal History Check, AHCA Form 3110-0002, June 1998; 2. A signed Florida Abuse Hotline Information System Background Check, AHCA Form 3110- 0003, July 1998; and 3..A check to cover the cost of screening. soe 20. The violation alleged herein constitutes an uncorrected class III deficiency and warrants a fine of $500. WHEREFORE, AHCA demands the following relief: 1. Enter factual and findings as set forth in the allegations of this administrative complaint. 2. Impose a fine in the amount of $500. COUNT V GAINEY’S A.L.F. FAILED TO MAINTAIN THE MINIMUM REQUIRED WEEKLY STAFFING HOURS. STATE TAG A519-STAFFING STANDARDS Section 400.419(2)(c), Fla. Stat. (2005) VIOLATIONS; IMPOSITION OF ADMINISTRATIVE FINES; GROUNDS Section 58A-5.019(4)(a)1, Fla. Admin. Code (2005) STAFFING STANDARDS 21. AHCA realleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 22. On or about July 26, 2005, AHCA conducted a follow-up survey at the Respondent's facility. AHCA cited the Respondent based on the findings below, to wit: a. On or about April 26, 2005, Gainey's A-LF. failed to maintain the minimum required weekly staffing hours. b. On or about July 26, 2005, Gainey’s A.L.F. failed to maintain the minimum required weekly staffing hours. The findings are: 1. Review of the current work schedule for all direct care staff revealed a total of 195 staffing hours per week. The current census of 16 requires a minimum of 253 hours of staffing per week. The facility lacks 58 staffing hours per week. 2, In an interview with the Administrator on July 26, 2005 at approximately 2:30p.m., she . confirmed the staffing hours were 195 hours according to the schedule she provided. She was unable to account for the lack of 58 staffing hours per week. 23. The regulatory provisions of the Florida Statutes that are pertinent to this alleged violation read as follows: 400.419 Violations; imposition of administrative fines; grounds. ~ (2c) Class "II" violations are those conditions or occurrences related to the operation and maintenance of a facility or to the personal care of residents which the agency determines indirectly or potentially threaten the physical or emotional health, safety, or security of the facility residents, other than class I violations or class 11 violations. The agency shall impose an administrative fine for a cited class II] violation in an amount not less than $500 and not exceeding $1,000 for each violation. A citation for a class III violation must specify the time within which the violation is tequired to be corrected, Ifa class III violation is corrected within the time specified, no fine may be imposed, unless it is a repeated offense. Rule 58A-5.019 Staffing Standards. - (4) (a)1 The facilities shall ‘maintain the following minimum staff hours per week: Number of Residents Staffing Hours/Week 0-5 168 6-15 212 16-25 253 26-35 294 36-45 335 46.55 375 56-65 416 66-75 457 76-85 498 86-95 539 For every 20 residerits over 95 add 42 staff hours per week. ~ * ok 24, The violation alleged herein constitutes an uncorrected class III deficiency and warrants a fine of $500. WHEREFORE, AHCA demands the following relief: 1. Enter factual and findings as set forth in the allegations of this administrative complaint. 2. Impose a fine in the amount of $500. COUNT V1 GAINEY’S A.L.E. FAILED TO MAINTAIN A DAILY UP-TO-DATE MEDICATION OBSERVATION RECORD FOR 1 OF 5 SAMPLED RESIDENTS (#2). STATE TAG 4614-MEDICATIONS STANDARDS Section 400.419(2)(c), Fla. Stat. (2005) VIOLATIONS; IMPOSITION OF ADMINISTRATIVE FINES; GROUNDS Section 58A-5.0185(5)(b), Fla. Admin. Code (2005) MEDICATION STANDARDS 25. AHCA re-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 26. On or about July 26, 2005, AHCA conducted a follow-up survey at the Respondent's facility. AHCA cited the Respondent based on the findings below, to wit: a. On or about April 26, 2005, Gainey’s A.L.F. failed to maintain a daily up- to-date medication observation record (MOR) for one of seven sampled residents (Resident #7), b. On or about July 26, 2005, Gainey’s A.L.F. failed to maintain a daily up-to- date medication observation record for 1 of 5 sampled residents (Resident #2). The findings are: 1. Observation of the medication pass was made on 7/26/05 at approximately 12:45 p.m. after the lunch meal was over. During this observation it was noted that resident #2 received Metoclopramide 10mg and Hydracodone/APAP (one tablet) by mouth. These medications were poured into the medication cap and the resident took the medication without incident. 2. Review of the medical record and Medication Observation Record (M.O.R.) for resident #2 revealed an order for Metoclopramide 10 mg to be given three times a day before meals and at bedtime. Further review revealed no order in the medical record for the Hydrocodone and no entry on the M.O.R. for this drug. The label on the Hydrocodone bottle read 7/19/05. 3, In an interview with the Administrator on July 26, 2005 at approximately 11:45a.m., she stared that all noon medications were given after lunch. She also stated that she must have forgotten ta write the Hydrocodone on the M.O.R. when the pharmacy sent it. She stated that the doctor did not give her any information regarding the start of the new medication. 27. The regulatory provisions of the Florida Statutes that are pertinent to this alleged violation read as follows: 400.419 Violations; imposition of administrative fines; grounds. ~ (2)(c) Class "HI" violations are those conditions or occurrences related to the operation and maintenance of a facility or to the personal care of residents which the agency determines indirectly or potentially threaten the physical or emotional health, safety, or security of the facility residents, other than class I violations or class II violations. The agency shall impose an administrative fine for a cited class 11] violation in an amount not less than $500 and not exceeding $1,000 for each violation. A citation for a class II] violation must specify the time within which the violation is required to be corrected. Ifa class III violation is corrected within the time specified, no fine may be imposed, unless it is a repeated offense. Rule 58A-5.0185 Medication Standards. - (5) (b) For residents who receive assistance with self-administration or medication administration, the facility shall maintain a daily up-to-date, medication observation record (MOR) for each resident. A MOR must include the name of the resident and any known allergies the resident may have; the name of the resident's health care provider, the health care provider's telephone number; the name of each medication prescribed, its strength, and directions for use; and a chart for recording each time the medication is taken, any missed dosages, refusals to take medication as prescribed, or medication errors. The MOR must be immediately updated each time the medication is offered or administrated. + koe 28. The violation alleged herein constitutes an uncorrected class II] deficiency and warrants a fine of $500. WHEREFORE, AHCA demands the following relief: 1. Enter factual and findings as set forth in the allegations of this administrative complaint. 2, Impose a fine in the amount of $500. COUNT VIL GAINEY’S A.L.F. FAILED TO POST REQUIRED COPIES OF ADVOCACY AGENTES PHONE NUMBERS THAT WOULD ENABLE RESIDENTS TO LODGE COMPLAINTS WHEN NECESSARY. STATE TAG A720-RESIDENT CARE STANDARDS Section 400.419(2)(c), Fla. Stat. (2005) VIOLATIONS; IMPOSITION OF ADMINISTRATIVE FINES; GROUNDS Section 58A-5.0182(6)(c), Fla. Admin. Code (2005) RESIDENTS CARE STANDARDS 29. AHCA realleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 30. On or about July 26, 2005, AHCA conducted a follow-up survey at the Respondent's facility. AHCA cited the Respondent based on the findings below, to wit: a. On or about April 26, 2005, Gainey's A.L.F. failed to post required copies of advocacy agencies phone numbers that would enable residents to lodge complaints when necessary. b. On or about July 26, 2005, Gainey’s A.L.F. failed to post required copies of advocacy agencies phone numbers that would enable residents to lodge complaints when necessary. The findings are: 1) Observations made during the initial tour on 7/26/05 at 9:15 am, found no posted current phone numbers for’ the Advocacy Center for Persons with Disabilities and the Agency for Health Care Administration - Tallahassee Field Office (survey office). 2) An interview with the owner/administrator was conducted on 07/26/05 at approximately 9:50 a.m. where the owner administrator acknowledged that some of the required phone numbers are not posted where they can easily be viewed by all residents. The administrator stated "the clients remove all of the posters from the posting board." 31. The regulatory provisions of the Florida Statutes that are pertinent to this alleged violation read as follows: 400.419 Violations; imposition of administrative fines; grounds. - (2)(c) Class "III" violations are those conditions or occurrences related to the operation and maintenance of a facility or to the personal care of residents which the agency determines indirectly or potentially threaten the physical or emotional health, safety, or security of the facility residents, other than class I violations or class II violations. The agency shall impose an administrative fine for a cited class III violation in an amount not less than $500 and not exceeding $1,000 for each violation. A citation for a class Ill violation must specify the time within which the violation is required to be corrected. Ifa class II] violation is corrected within the time specified, no fine may be imposed, unless it is a repeated offense. Rule 58A-5.0182 Resident Care Standards. - (6) (c) The address and telephone number for lodging complaints against a facility or facility staff with the district long-term care ombudsman council, the Advocacy Center for Persons with Disabilities, the Human Rights Advocacy Committee and agency area office, shall be posted in full view ina common area accessible to all residents. ee 32. The violation alleged herein constitutes an uncorrected class III deficiency and warrants a fine of $500. WHEREFORE, AHCA demands the following relief: 1. Enter factual and findings as set forth in the allegations of this administrative complaint. 2. Impose a fine in the amount of $500. COUNT VIII GAINEY’S A.L.F. FAILED TO ENSURE THAT ALL PERSONS WHO HAVE CONTINOUS ACCESS TO RESIDENTS OF THE FACILITY HAVE A CLEARED LEVEL 1 BACKGROUND SCREENING. STATE TAG A9999-FINAL OBSERVATIONS Section 400.419(2)(c), Fla. Stat. (2005) VIOLATIONS; IMPOSITION OF ADMINISTRATIVE FINES; GROUNDS Section 400.414(1), Fla. Stat. (2005) DENIAL, REVOCATION, OR SUSPENSION OF LICENSE; IMPOSITION OF ADMINISTRATIVE FINE; GROUNDS 33. AHCA re-