Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: ROSA ADULT CARE, INC., D/B/A ROSA ADULT CARE NO. 2
Judges: ROBERT E. MEALE
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Jul. 13, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 17, 2006.
Latest Update: Jan. 02, 2025
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STATE OF FLORIDA [6 sy /
AGENCY FOR HEALTH CARE ADMINISTRATION PH 4,
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AGENCY FOR HEALTH CARE ADM ye ON op
ADMINISTRATION, HEA aad VE
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Petitioner, AHCA No.: 2005009949
v. Return Receipt Requested:
7002 2410 0001 4234 6541
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ROSA ADULT CARE, INC., d/b/a
ROSA ADULT CARE #2,
Respondent.
ADMINISTRATIVE COMPLAINT
COMES NOW the Agency for Health Care Administration
(“AHCA"), by and through the undersigned counsel, and files
this Administrative Complaint against Rosa Adult Care, Inc.,
d/b/a Rosa Adult Care #2 (hereinafter “Rosa Adult Care #2”),
pursuant to Chapter 400, Part III, and Section 120.60, Florida
Statutes, (2004), and alleges:
NATURE OF THE ACTION
1. This is an action to impose an administrative fine
of $5,000.00 pursuant to Section 400.419, or revocation of
license pursuant to Section 400.414(1)(e), Florida Statutes
(2004), for the protection of the public health, safety and
welfare and $311.00 survey fee pursuant to Section
400.419(10), and 400.428(3) (c), Fla. Stat. (2004)
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 Miami-Dade County, pursuant to Section
120.57, Fla. Stat. and Rule 28-106.207, Florida Administrative
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 (2004), and Chapter 58A-5, Florida
Administrative Code.
5. Rosa Adult Care #2 operates a 6-bed assisted living
facility located at 43 NW 136% Place, Miami, Florida 33182.
Rosa Adult Care #2 is licensed as an assisted living facility
license number AL9736, with an expiration date of August 15,
2005. Rosa Adult Care #2 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
ROSA ADULT CARE #2 FAILED TO PASS ANNUAL FIRE INSPECTION
Section 400.441(1) (a)1.m, Florida Statutes and/or Rule 58A-
5.015(1) (a)3, Florida Administrative Code
(FACILITY RECORDS STANDARDS )
UNCORRECTED CLASS III VIOLATION
N
6. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
7. During a complaint investigation conducted on
5/09/05 and based on observation, interview and record review
revealed that the facility failed to pass an annual fire
inspection.
8. Observation on 5/9/2005 at 10:00 AM revealed that
the facility failed to pass an annual fire inspection on
4/26/2005. The most current satisfactory fire inspection
expired 3/29/2005. There was not a fire detector in the garage
which has been made into a bedroom for Resident #5.
9, Interview on 5/9/2005 at 12:30 PM with facility
administrator revealed that the facility did not pass the
annual fire inspection due to the local fire jurisdiction
stated that the facility was not in compliance according to
the fire code.
10. Record review on 5/9/2005 at 10:15 AM revealed that
the facility failed to pass an annual fire inspection
conducted by the local fire marshal or authority having
jurisdiction. Correction date given: 6/09/05.
11. During the follow-up conducted on 7/26/05 and based
at 10:00 AM revealed that the facility still failed to pass an
annual fire inspection on 6/15/2005 with a final notice of
violation stating that the previous violations were not
corrected.
12. Interview on 7/26/2005 at 11:00 AM with facility
staff revealed that she was new and did not have access to
facility records.
13. Record review on 7/26/2005 at 10:00 AM of the fire
report revealed that the facility still failed to pass an
annual fire inspection conducted by the local fire marshal or
authority having jurisdiction. Uncorrected deficiency from
the survey of 5/09/05.
14. Based on the foregoing, Rosa Adult Care #2 violated
Section 400.441(1) (a)l.m, Florida Statutes and/or Rule 58A-
5.015(1) (a)3, Florida Administrative Code, an uncorrected
‘Class III deficiency, which carries, in this case, an assessed
fine of $500.00, or revocation of licensure.
COUNT II
ROSA ADULT CARE #2 FAILED TO PROVIDE DEMOGRAPHIC DATA FOR ALL
. RESIDENTS
Rule 58A-5.024(3) (a), Florida Administrative Code
(RESIDENT RECORDS STANDARDS)
UNCORRECTED CLASS III VIOLATION
15. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
16. During the complaint investigation conducted on
5/09/05 and based on observation, interview and record review
revealed the facility failed to provide demographic data for
resident #5.
17. Observation on 5/9/2005 at 12:00 PM revealed that
the facility failed to provide demographic data for resident
45. .
18. Interview on 5/9/2005 at 12:30 PM with the facility
administrator and she stated that the resident was a new
resident and did not have any demographic data during the
survey.
19. Record review on 5/9/2005 at 12:00 PM of the
resident records revealed that resident #5 was admitted to the
facility on 3/2/2005.. The facility failed to provide
demographic data for resident #5 beyond 30 days. Correction
Date: 6/9/2005.
20. During the follow-up conducted on 7/26/05 and based
on observation, interview and record review revealed the
facility still failed to provide demographic data for resident
#5.
21. Observation on 7/26/2005 at 10:30 AM revealed that
the facility still failed to provide demographic data for
resident #5.
22. Interview on 7/26/2005 at 10:30 AM with the facility
staff stated that she did not administrator and she stated
that she did not have access to facility records and that the
administrator was the only staff person who had access to
facility records. The box that stored the records was locked
and the staff on-duty did not have the key.
23. Record review on 7/26/2005 at 10:30 AM of the
resident records revealed that resident #5 the facility still
failed to provide demographic data for resident #5 beyond 30
days. Uncorrected Deficiency from the 5/09/05 survey.
24, Based on the foregoing, Rosa Adult Care #2 violated
Rule 58A-5.024 (3) (a), Florida Administrative Code, an
uncorrected Class III deficiency, which carries, in this cage,
an assessed fine of $500.00, or revocation of licensure.
COUNT IIT
ROSA ADULT CARE #2 FAILED TO PROVIDE AN ADMITTING WEIGHT
RECORD FOR ALL RESIDENTS
Rule 58A-5.024(3)(£), Florida Administrative Code
(RESIDENT RECORDS STANDARDS)
UNCORRECTED CLASS III VIOLATION
25. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
26. During the complaint investigation conducted on
5/09/05 and based on observation, interview and record review
the facility failed to provide an admitting weight record for
resident #5.
27. Observation of resident records on 5/9/2005 at 12:00
PM revealed that resident #5 did not have a record of his
admitting weight. Resident #5 was admitted to the facility on
3/2/2005.
28. Interview on 5/9/2005 at 12:45 PM with the facility
administrator revealed that she did not have information
regarding resident #5's weight information.
29. Record review of resident records on 5/9/2005 at
12:00 PM revealed that the facility failed to provide
admitting weight record for resident #5. Correction Date:
6/9/2005
30. During the follow-up conducted on 726/05 and based
on observation, interview and record review the facility still
failed to provide an admitting weight record for resident #5.
31. Observation of resident records on 7/26/2005 at
12:00 PM revealed that resident #5 still did not have a record
of his admitting weight. Resident #5 was admitted to the
facility on 3/2/2005.
32. Interview on 7/26/2005 at 12:45 PM with the facility
staff revealed that she did not have access to that
information regarding resident #5's weight information. The
box storing that information was locked.
33. Record review of resident records on 7/26/2005 at
12:00 PM revealed that the facility still failed to provide
admitting weight record for resident #5. Uncorrected
Deficiency from the 5/09/05 survey.
34. Based on the foregoing, Rosa Adult Care #2 violated
Rule 58A-5.024(3) (a), Florida Administrative Code, an
uncorrected Class III deficiency, which carries, in this case,
an assessed fine of $500.00, or revocation of licensure.
COUNT IV
ROSA ADULT CARE #2 FAILED TO ENSURE CURRENT CONTRACT FOR
RESIDENTS
Sections 400.424(1), and 400.424(5), Florida Statutes and/or
Rules 58A-5.024(3) (i), and 58A-5.025(1), Florida
Administrative Code
(RESIDENT RECORDS STANDARDS)
UNCORRECTED CLASS III VIOLATION
35. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
36. During the complaint investigation conducted on
5/09/05 the facility failed to ensure that resident #1,
resident #2 and resident #5 did not have a current contract
with the facility.
37. Observation of the resident records on 5/9/2005 at
12:00 PM revealed that resident #1, resident #2 and resident
#5 did not have a contract with the facility.
38. Interview conducted on 5/9/2005 at 12:45 PM with the
facility administrator revealed that she was unaware of that
the three residents did not have completed contracts with the
facility and she would complete them immediately.
39. Review of resident records on 5/9/2005 at 12:00 PM
revealed that the facility failed to provide contracts for
resident #1, resident #2 and resident #5. Correction Date:
6/9/2005.
40. During the follow-up conducted on 7/26/05 and based
on observation, interview and record review the facility still
failed to provide resident contracts for resident #1, resident
#2 and resident #3.
41. Observation of the resident records on 7/26/2005 at
12:00 PM revealed that resident #1, resident #2 and resident
#5 still did not have a contract with the facility.
42. Interview conducted on 7/26/2005 at 12:45 PM with
the facility staff stated that she did not have access to the
facility records and that the facility administrator was the
only staff that had access to the records revealed that she
was unaware of that the three residents did not have completed
contracts with the facility and she would complete them
immediately.
43. Review of resident records on 7/26/2005 at 12:00 PM
revealed that the facility still failed to provide contracts
for resident #1, resident #2 and resident #5. Uncorrected
deficiency from the survey of 5/09/05.
44. Based on the foregoing, Rosa Adult Care #2 violated
Sections 400.424(1), and 400.424(5), Florida Statutes, and/or
Rules 58A-5.024(3) (i), and S58A-5.025(1), Florida
Administrative Code, an uncorrected Class III deficiency,
which carries, in this case, an assessed fine of $500.00, or
revocation of licensure.
COUNT V
ROSA ADULT CARE #2 FAILED TO PROVIDE HEALTH ASSESSMENT FOR
RESIDENTS
Rule 58A-5.0181(2) (a), Florida Administrative Code
(ADMISSIONS CRITERIA STANDARDS)
UNCORRECTED CLASS III VIOLATION
45. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
46. During the complaint investigation conducted on
5/09/05 and based on observation, interview and record review
revealed that resident #5 did not have a health assessment.
'47. Observation on 5/9/2005 at 12:10 PM revealed that
the facility failed to provide a health assessment for
resident #5.
48. Interview with facility administrator on 5/9/2005 at
12:45 PM revealed that resident #5 is a new resident and that
he does not. have a health assessment. Correction date:
6/9/2005
49. During the follow-up conducted on 7/26/05 and based
on observation, interview and record review revealed that
resident #5 still did not have a health assessment.
50. Observation on 7/26/2005 at 11:00 AM revealed that
the facility still failed to provide a health assessment for
resident #5.
51. Interview with facility staff on 7/26/2005 at 11:10
AM revealed that she was unaware and did not have access to
the facility records.
52. Record review on 7/26/2005 at 11:00 AM revealed that
the facility still failed to provide a health assessment for
resident #5. Uncorrected deficiency from the 5/09/05 survey.
53. Based on the foregoing, Rosa Adult Care #2 violated
Rule 58A-5.0181(2) (a), Florida Administrative Code, an
uncorrected Class III deficiency, which carries, in this case,
an assessed fine of $500.00, or revocation of licensure.
COUNT VI
ROSA ADULT CARE #2 FAILED TO PROVIDE BACKGROUND SCREENING FOR
STAFF
Section 400.417(2), Florida Statutes, and/or Rule 58A-
5.019(3), Florida Administrative Code
(STAFFING STANDARDS)
UNCORRECTED CLASS III VIOLATION
54. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
55. During the complaint investigation conducted on
5/09/05 and based on interview and record review, the facility
failed to ensure that direct care staff had undergone. required
background screening.
56. Observation of personnel records on 5/9/2005 at 1:00
PM revealed that the facility failed to provide level 1
background screening for staff #1 and staff #2. Per staff #2
file there was no copy of identification of any sort provided.
57. Interview on 5/9/2005 at 1:30 PM with the facility
administrator revealed that she was unaware that the personnel
did not have FDLE level 1 background screening.
11
98. Record review of personnel records on 5/9/2005 at
1:00 PM revealed that staff #1 and staff #2 did not have FDLE
Level 1 background screening. Correction Date Given: 6/9/2005.
59. During the follow-up conducted on 7/26/05 and based
on interview and record review, the facility still failed to
ensure that direct care staff had undergone required
background screening.
60. Observation of personnel records on 7/26/2005 at
11:00 AM revealed that the facility still failed to provide
level 1 background screening for staff #1 and staff #2. Per
staff #2 file there was no copy of identification of any sort
provided.
61. Interview on 7/26/2005 at 11:00 AM with the facility
staff revealed that she had no access to the facility records
and was unaware that the personnel still did not have FDLE
level 1 background screening.
62. Review of personnel records on 7/26/2005 at 11:00 AM
revealed that staff #1 and staff #2 still did not have FDLE
level 1 background screening. Uncorrected deficiency from the
5/09/05 survey.
63. Based on the foregoing, Rosa Adult Care #2 violated
Section 400.4174(2), Florida Statutes, and/or Rule 58A-
5.019(3), Florida Administrative Code, an uncorrected Class
TIL deficiency, which carries, in this case, an assessed fine
of $500.00, or revocation of licensure.
COUNT VII
ROSA ADULT CARE #2 FAILED TO PROVIDE CPR TRAINIG FOR ALL, STAFF
Rule 58A-5.019(4) (a)4, Florida Administrative Code
(STAFFING STANDARDS)
UNCORRECTED CLASS III VIOLATION
64. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
65. During the complaint investigation conducted on
5/09/05 and based on observation, interview and record review
the facility failed to provide CPR training for the
administrator, staff #1 and staff #2.
66. Observation on 5/9/2005 at 1:00 PM of personnel
records revealed that the administrator, staff #1 and staff #2
did not have the required CPR training.
67. Interview with the facility administrator on
5/9/2005 at 1:30 PM revealed that she was unaware that the CPR
training was required. She assumed that the First Aid training
satisfied the CPR training. The surveyor informed the
administrator that it is required that at least on staff
member who is trained in First Aid and CPR must be within the
facility at all times when residents are in the facility. She
understood and stated that she would schedule the training
immediately.
68. Record review of personnel records on 5/9/2005 at
1:00 PM revealed that the administrator, staff #1 and staff #2
13
did not have the required CPR training. Correction Date Given:
6/9/2005
69. During the follow-up conducted on 7/26/05 and based
on observation, interview and record review the facility still
failed to provide CPR training for the administrator, staff #1
and staff #2.
70. Observation on 7/26/2005 at 11:00 AM of personnel
records revealed that the administrator, staff #1 and staff #2
did not have the required CPR training.
71. Interview with the facility staff on 7/26/2005 at
11:30 AM revealed that she did not have access to facility
records and was unaware of the status of the CPR training.
72. Record review of personnel records on 7/26/2005 at
11:00 AM revealed that the administrator, staff #1 and staff
#2 still did not have the required CPR training. Uncorrected
deficiency from the 5/09/05 survey.
73. Based on the foregoing, Rosa Adult Care #2 violated
Rule 58A-5.019 (4) (a)4, Florida Administrative Code, an
uncorrected Class III deficiency, which carries, in this case,
an assessed fine of $500.00, or revocation of licensure.
COUNT VIII
ROSA ADULT CARE #2 FAILED TO HAVE AT LEAST ONE STAFF PERSON
WHO HAS ACCESS TO FACILITY RECORDS IN CASE OF EMERGENCY ON
DUTY AT ALL TIMES :
Rule 58A-5.019(4) (a)2, Florida Administrative Code
(STAFFING STANDARDS)
UNCORRECTED CLASS III VIOLATION
14
74. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
75. During the complaint investigation conducted on
5/09/05 and based on observation, interview and record review
the facility failed to have at least one staff member who has
access to facility and resident records in case of an
emergency shall be within the facility at all time when
residents are in the facility.
76. Observation on 5/9/2005 at 10:00 AM revealed that
upon arrival to the facility staff #2 was the only staff on
site. She did not have access to facility and resident records
and was unaware of the administrative operations of the
facility. Staff #2 had full access to the kitchen and resident
rooms.
77. ‘Interview with the facility administrator on
5/9/2005 at 11:00 AM revealed that the staff person was a new
hire and was unfamiliar with the facility operations. The
facility administrator referred to staff #2 using a name
completely opposite to the name the residents referred to or
the name that staff #2 gave the surveyor conducting the
survey. When asked to provide any type of photo identification
staff #2 did not have a driver's license, identification card,
passport, etc.
78. Record review of personnel records on 5/9/2005 at
1:00 PM revealed that there was no documentation indicating
staff #2 was the person who certificates/trainings were found
in the personnel file. No records including an employment
application, social security card or identification card was
found. The residents referred to, staff #2 in a name different
from the certificates found in the file. Correction Date
Given: 6/9/2005.
79. During the follow-up conducted on 7/26/05 and based’
on observation, interview and record review the facility still
failed to have at least one staff member who has access to
facility and resident records in case of an emergency shall be
within the facility at all times when residents are in the
facility.
80. Observation on 7/26/2005 at 10:00 AM revealed that
upon arrival to the facility staff #3 was the only staff on
site. She still did not have access to facility and resident
records and was unaware of the administrative operations of
the facility. Staff #2 had full access to the kitchen and
resident rooms.
81. Interview with the facility staff #30n 7/26/2005 at
11:00 AM revealed that the staff person was still a new hire
“and was unfamiliar with the facility operations. The facility
staff #3 stated that she started two days ago and was
unfamiliar with the facility. When asked to provide any type
of photo identification staff #3 still did not have a driver's
license, identification card, passport, etc.
16
82. Record review of personnel records on 7/26/2005 at
10:00 AM revealed that there was no documentation indicating
staff #3 was the person who certificates/trainings were found
in the personnel file. No records were available that included
an employment application, social security card or
identification card was found. Uncorrected deficiency from the
5/09/05 survey.
83. Based on the foregoing, Rosa Adult Care #2 violated
Rule 58A-5.019(4) (a)2, Florida Administrative Code, an
uncorrected Class III deficiency, which carries, in this case,
an assessed fine of $500.00, or revocation of licensure.
COUNT IX
“ROSA ADULT CARE #2 FAILED TO PROVIDE CURRENT EMERGENCY
MANAGEMENT PLAN
Section 400. 441(1) (b), Florida Statutes, and/or
Rule 58A-5. 026(2), Florida Administrative Code
(EMERGENCY MANAGEMENT)
UNCORRECTED CLASS IIIT VIOLATION
84. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
85. During the complaint investigation conducted on
5/09/05 and based on observation, interview and record review,
the facility failed to provide proof of a current Emergency
Management Plan.
86. Observation on 5/9/2005 at 12:00 PM revealed that
the facility failed to maintain proof of current Emergency
Management Plan.
87. Interview with facility administrator on 5/9/2005 at
12:30 PM revealed that she has been trying to contact her
representative with the Miami-Dade Emergency Management to
have he plan approved. She stated that she sent the plan but
did not provide proof.
88. Record review on 5/9/2005 at 12:00 PM revealed of
facility records revealed that the facility failed to provide
proof of a current Emergency Management Plan. Correction Date
Given: 6/9/2005.
89. During the follow-up conducted on 7/26/05 and based
on observation, interview and record review, the facility
still failed to provide proof of a current Emergency
Management Plan.
90. Observation on 7/26/2005 at 10:00 AM revealed that
the facility still failed to maintain proof of current
Emergency Management Plan.
91. Interview with facility staff on 7/26/2005 at 10:00
AM revealed that she did not have access to facility records
and was unaware of the status of the plan.
92. Record review on 7/26/2005 at 10:00 AM of facility
records revealed that the facility still failed to provide
proof of a current Emergency Management Plan. Uncorrected
deficiency from the 5/09/05 survey.
93. Based on the foregoing, Rosa Adult Care #2 violated
Section 400.441(1)(b), Florida Statutes, and/or Rule 58A-
18
5.026(2),° Florida Administrative Code, an uncorrected Class
III deficiency, which carries, in this case, an assessed fine
of $500.00, or revocation of licensure.
COUNT X
ROSA ADULT CARE #2 FAILED TO ENSURE THAT THE STAFF WAS FREE
FROM A COMMUNICABLE DISEASE
Section 400.4275(4), Florida Statutes, and/or Rule
58A-5.024(2) (a), Florida Administrative Code
(STAFF RECORDS STANDARDS)
UNCORRECTED CLASS III VIOLATION
94. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
95. During the complaint investigation conducted on
5/09/05 and based on observation, interview and record review
the facility failed to ensure that the administrator, staff #1
and staff #2 had proof verifying freedom from a communicable
disease statement.
96. Observation of personnel records on 5/9/2005 at 1:00
PM revealed that the facility failed to proof freedom from a
communicable disease statement for the administrator, staff #1
and staff #2.
97. Interview with the facility administrator on
5/9/2005 at 1:30 PM revealed that she was aware that the staff
lacked a communicable disease statement and would contact the
physician to schedule appointments.
98. Record review of the personnel records on 5/9/2005
at 1:00 PM revealed that the facility failed to provide
19
communicable disease statements for the administrator, staff
#1 and staff #2. Correction Date Given: 6/9/2005.
99. During the follow-up conducted on 7/26/05 and based
on observation, interview and record review the facility still
failed to ensure that the administrator, staff #1 and staff #2
had proof verifying freedom from a communicable disease
statement.
100. Observation of personnel records on 7/26/2005 at
11:00 AM revealed that the facility still failed to proof
freedom from a communicable disease statement for the
administrator, staff #1 and staff #2.
101. Interview with the facility staff on 7/26/2005 at
11:30 AM revealed that she did not have access to the facility
records and was aware that the staff still lacked a
communicable disease statement.
102. Record review of the personnel records on 7/26/2005
at 11:00 AM revealed that the facility still failed to provide
communicable disease statements for the administrator, staff
#1 and staff #2. Uncorrected deficiency from the 5/09/05
survey.
103. Based on the foregoing, Rosa Adult Care #2 violated
Section 400.4275(4), Florida Statutes, and/or Rule 58a-
5.024(2) (a), Florida Administrative Code, an uncorrected Class
III deficiency, which carries, in this case, an assessed fine
of $500.00, or revocation of licensure.
SURVEY FEE
Pursuant to Section 400.419(10), Florida statutes, AHCA
May assesS a survey fee of $311.00 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 Counts I through xX.
B. Revoke the license of Rosa Adult Care #2 on
Counts I through X pursuant to Section 400.414(1) (e), Florida
Statutes.
Cc. In the alternative to paragraph B, assess an
administrative fine of $10,000.00 against Rosa Adult Care #2
on Counts I through X violations pursuant to Section 400.419,
Florida Statutes.
21
D. Assess a survey fee of $311.00 against Rosa
Adult Care #2, pursuant to Sections 400.419(10), and
400.428(3) (c), Florida Statutes.
E. 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 (2004). 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.
‘Nellgon E. fRodney
Assistant General Counsel
Agency for Health Care
Administration
8350 N. W. 52"? Terrace
Suite 103
Miami, Florida 33166
nN
tN
Copies furnished to:
Field Office Manager
Agency for Health Care Administration
8355 NW 53™¢ Street, 15° Floor
Miami, Florida 33166
(Inter-office mail)
Jean Lombardi
Finance and Accounting
Agency for Health Care Administration
2727 Mahan Drive
Tallahassee, Florida 32308
(Inter-office Mail)
Assisted Living Facility Unit Program
Agency for Health Care Administration
2727 Mahan Drive
Tallahassee, Florida 32308
(Interoffice Mail)
CERTIFICATE OF 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 Ana Escalona, Rosa Adult Care #2, 43 NW
136" Place, Miami, Florida 33182o0n Veen bie, 23, 2005.
de E. es
Docket for Case No: 06-002453
Issue Date |
Proceedings |
Aug. 17, 2006 |
Order Closing File. CASE CLOSED.
|
Aug. 14, 2006 |
Unopposed Motion to Relinquish Jurisdiction filed.
|
Aug. 02, 2006 |
Notice of Hearing (hearing set for September 7 and 8, 2006; 9:00 a.m.; Miami, FL).
|
Jul. 14, 2006 |
Initial Order.
|
Jul. 13, 2006 |
Administrative Complaint filed.
|
Jul. 13, 2006 |
Election of Rights for Proposed Agency Action filed.
|
Jul. 13, 2006 |
Order Relinquishing Jurisdiction filed.
|
Jul. 13, 2006 |
Notice (of Agency referral) filed.
|