Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: ROBERT BRUCE MACCART, D/B/A PLEASANTVIEW RETIREMENT AND ALF CENTER
Judges: DANIEL M. KILBRIDE
Agency: Agency for Health Care Administration
Locations: Fort Myers, Florida
Filed: Nov. 17, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 4, 2007.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA “Moy *s yy
AGENCY FOR HEALTH CARE ADMINISTRATION / é
STATE OF FLORIDA AGENCY FOR Wels Wo, M9
HEALTH CARE ADMINISTRATION, In, vid a
s
Petitioner,
vs. CaseNo. 2006004280
ROBERT BRUCE MACCART,
d/b/a PLEASANTVIEW RETIREMENT &( )
& ALF CENTER, D lo - U (p
Respondent.
ADMINISTRATIVE COMPLAINT
COMES NOW the State of Florida, Agency For Health Care Administration (hereinafter
“Agency”), by and through the undersigned counsel, and files this Administrative Complaint
against ROBERT BRUCE MACCART, d/b/a PLEASANTVIEW RETIREMENT & ALF
CENTER (hereinafter “Respondent”), pursuant to Sections 120.569, and 120.57, Florida
Statutes, (2005), and alleges:
NATURE OF THE ACTION
This is an action to impose an administrative fine in the amount of ONE THOUSAND
AND NO/100 DOLLARS ($1,000.00) pursuant to Section 400.419(2)(b), Florida Statutes
(2005), based upon the existence of one (1) Class II violation.
JURISDICTION AND VENUE
1. The Agency has jurisdiction pursuant to Sections 20.42, 120.60 and 400.407,
Florida Statutes (2005).
2. Venue lies pursuant to Rule 28-106.207, Florida Administrative Code (2005).
PARTIES
3. The Agency is the regulatory authority responsible for licensure of assisted living
facilities and enforcement of all applicable statutes and rules governing assisted living facilities
pursuant to the Chapter 400, Part II, Florida Statutes, and Chapter 5 8A-5, Florida
Administrative Code (2005).
4. Respondent is licensed by the Agency to operate a twenty (20) bed assisted living
facility located at 1318 Santa Barbara Blvd., Cape Coral, Florida 33991, having been issued
provisional license number 5876, pursuant to Section 400.441(12), Florida Statutes (2005).
5. Respondent was at all times material hereto a licensed assisted facility under the
licensing authority of the Agency, and was required to comply with all applicable tules, and
statutes,
COUNT I
6. The Agency re-alleges and incorporates Paragraphs One (1) through Five (5) as if
fully set forth herein.
7. Pursuant to Rule 58A-5 -0182, Florida Administrative Code (2005), an assisted
living facility shall provide care and services appropriate to the needs of residents accepted for
admission to the facility,
8. Pursuant to Rule 58A-5.0182(1)(d), Florida Administrative Code (2005), assisted
living facilities shall offer personal supervision, as appropriate for each resident, including
contacting the resident’s health care provider and other appropriate party such as the resident’s
family, guardian, health care surrogate, or case manager if the resident exhibits a significant
change,
9. On or about March 7, 2006, the Agency conducted a Change of Ownership
(CHOW) survey in conjunction with the Limited Nursing License (LNS) survey of the
Respondent’s assisted living facility (hereinafter “Facility”),
10. Based on record review and interview, the Agency determined that the
Respondent failed to ensure that it offer personal supervision, as appropriate for each resident,
including contacting the resident’s health care provider and other appropriate party such as the
resident’s family, guardian, health care surrogate, or case manager if the resident exhibits a
significant change, in violation of Rule 5 8A-5,0182(1)(d), Florida Administrative Code (2005),
and/or failed to provide care and services appropriate to the needs of residents accepted for
admission to the Facility, in violation of Rule 58A-5.0182, Florida Administrative Code (2005).
11. Resident #1 was admitted to the Facility on November 2, 2005.
12. Resident #1’s weight upon admission to the Facility was noted as one hundred
fifteen (115) pounds.
13. Anentry on January 9, 2006, indicated that Resident #1’s weight had decreased to
one hundred eight (108) pounds.
14, The decrease from one hundred fifteen (115) pounds to one hundred eight (108)
pounds represents a weight decrease of approximately six percent (6%) for Resident #1.
15. By losing approximately six percent (6%) of his/her body weight over a time
period of just over two (2) months, Resident #1 exhibited a significant change.
16. —_ Review of the records for Resident #1 revealed no documentation indicating that
the Respondent notified Resident #1’s physician concerning the noted decrease in such resident’s
weight during the described time period.
17. Review of the records for Resident #1 revealed no documentation indicating that
the Respondent initiated any changes to Resident #1’s dietary regimen in an attempt to help
resident maintain or regain his/her weight during the described time period.
18. In an interview conducted during the survey, Facility staff indicated that on
approximately March 6, 2006, a Resident #1’s physician ordered a dietary supplement, but that,
prior to such date, no interventions regarding Resident #1’s weight loss had been implemented.
19. Record review revealed documentation indicating that Resident #6 weighed one
hundred twenty-five (125) pounds on July 15, 2005,
20. Record review revealed documentation indicating that Resident #6 weighed one
hundred eighteen (118) pounds on October 3, 2005.
21. Record review revealed documentation indicating that Resident #6 weighed one
hundred thirteen (113) pounds on J: anuary 9, 2006.
22. Record review revealed documentation indicating that Resident #6 weighed one
hundred twelve (112) pounds on March 6, 2006.
23. The decrease from one hundred twenty-five (125) pounds to one hundred twelve
(112) pounds represents a weight decrease of approximately ten percent ( 10%) for Resident #6.
24. —_ By losing approximately ten percent (10%) of his/her body weight over a time
period of approximately eight (8) months, Resident # 6 exhibited a significant change.
25. Review of the records for Resident #6 revealed no documentation indicating that
Respondent notified Resident #6’s physician concerning the noted decrease in such resident’s
weight.
26, Review of the records for Resident #6 revealed no documentation indicating that
the Respondent initiated any changes to Resident #6’s dietary regimen in an attempt to help
resident maintain or regain his/her weight.
27. In an interview conducted during the survey, Facility staff agreed that, as of the
date of the survey, no intervention had been implemented for Resident #6’s weight loss.
28. In an interview conducted during the survey, Facility staff indicated that Facility
tesidents are weighed on a quarterly basis.
29. Based upon the above, the Agency determined that the Respondent failed to
ensure that it offer personal supervision, as appropriate for each resident, including contacting
the resident’s health care provider and other appropriate party such as the resident’s family,
guardian, health care surrogate, or case manager if the resident exhibits a significant change, in
violation of Rule 58A-5.0182(1)(d), Florida Administrative Code (2005), and/or failed to provide
care and services appropriate to the needs of residents accepted for admission to the Facility, in
violation of Rule 58A-5.0182, Florida Administrative Code (2005).
30. The Agency determined that this deficient practice was related to operation and
maintenance of the Facility or to the personal care of Facility residents and directly threatened
the health, safety, or security of Facility.residents. Accordingly, the Agency cited the
Respondent for a Class II deficiency pursuant to Section 400.419(2)(b), Florida Statutes (2005).
31. The Agency provided Respondent with a mandatory correction date April 7,
2006.
32. Respondent’s failure to ensure that it offer personal supervision, as appropriate for
each resident, including contacting the resident’s health care provider and other appropriate party
such as the resident’s family, guardian, health care surro gate, or case manager if the resident
exhibits a significant change, in violation of Rule 58A-5.01 82(1)(d), Florida Administrative
Code (2005), and/or failure to provide care and services appropriate to the needs of residents
accepted for admission to the Facility, in violation of Rule 58A-5 .0182, Florida Administrative
Code (2005), as set forth in this count, constitutes grounds for the imposition of an
administrative fine in the amount of ONE THOUSAND AND NO/100DOLLARS ($1000.00),
pursuant to Section 400.419(2)(b), Florida Statutes (2005).
WHEREFORE, the Agency intends to impose an administrative fine in the amount of
ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) against Respondent, an assisted living
facility in the State of Florida, pursuant to Section 400.419(2)(b), Florida Statutes (2005).
Respectfully submitted this /27day of October, 2006.
LAY ZZ
Brian T. Mulligan
Fla. Bar. No. 0676543
Senior Attorney
Agency for Health Care Administration
525 Mirror Lake Drive North, Suite 330L
St. Petersburg, Florida 33701
Respondent is notified that it has a tight to request an administrative hearing pursuant to Section
120.569, Florida Statutes. Specific options for administrative action are set out in the attached
Election of Rights.
All requests for hearing shall be made to the Agency for Health Care Administration, and
delivered to Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, Bldg
#3,MS #3, Tallahassee, FL 32308;T. elephone (850) 922-5873,
RESPONDENT IS FURTHER NOTIFIED THAT THE FAILURE TO REQUEST 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.
CERTIFICATE OF SERVICE
IHEREBY CERTIFY that a true and correct copy of the foregoing has been served by
USS. Certified Mail, Return Receipt No. 7004 2510 0005 4049 1338 on October /2 7 2006 to
Robert B. Maccart, Owner/Administrator, Pleasantview Retirement & ALF Center, 1318 Santa
Barbara Blvd., Cape Coral, FL 33991 and by U.S. Mail to John Gilroy, I, Esq., 1435 E.
Piedmont Dr., Suite 100, Tallahassee, FL 32308.
Brian T’ Mulligan
Senior Attorney
Copies furnished to:
Robert B. Maccart John Gilroy, III, Esq. Brian T. Mulligan
Owner/Administrator 1435 East Piedmont Drive | Senior Attorney
Pleasantview Retirement & ALF Ctr. | Suite 100 Agency for Health Care Admin.
1318 Santa Barbara Blvd. Tallahassee, FL 32308 525 Mirror Lake Drive, 330L
Cape Coral, FL 33991 (U.S. Mail) St. Petersburg, Florida 33701
(U.S. Certified Mail) (Interoffice)
SENDER: COMPLETRAIHIS SECTION
A, Signature h t
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B. Received by (Printed Nama) C: Dats 1 Dell
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D. Is delivery address different from Item 1? es
If YES, enter delivery address below: 1 No ‘
m™ Complete items 1, & wiid 3. Also complete sh
Itam 4 if Restricted Delivery is desired.
@ Print your name and address on the reverse
so that we can return the card to you.
@ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Robert B. Mactarl
Cone” | Adwunrshroter
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CO Registered C1 Return Receipt for Merchandise :
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2, Articla Number 7oo4 2510 gOOS5 4044 1358 Blo RD :
(Transfer trom serencerewey—————SsS—s—S—SSCS ¢ ) :
PS Form 3811, February 2004 Domestic Return Recalpt 402895-02-M-1540
. Service Types
Docket for Case No: 06-004680
Issue Date |
Proceedings |
Jun. 04, 2007 |
Order Closing Files. CASE CLOSED.
|
May 31, 2007 |
Motion to Relinquish Jurisdiction filed.
|
Apr. 03, 2007 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for June 7, 2007; 9:30 a.m.; Fort Myers, FL).
|
Apr. 02, 2007 |
Notice of Transfer.
|
Mar. 28, 2007 |
Agreed Motion for Continuance filed.
|
Feb. 19, 2007 |
Order of Pre-hearing Instructions.
|
Feb. 19, 2007 |
Notice of Hearing (hearing set for April 12, 2007; 9:00 a.m.; Cape Coral, FL).
|
Jan. 23, 2007 |
Agreed Status Report filed.
|
Jan. 08, 2007 |
Notice of Service of Agency`s First Set of Interrogatories, Request for Admissions and Request for Production of Documents to Respondent filed.
|
Dec. 05, 2006 |
Order of Consolidation and Placing Case in Abeyance (DOAH Case No. 06-4680 was added to consolidated batch).
|
Dec. 05, 2006 |
Order Continuing Case in Abeyance (parties to advise status by January 22, 2007).
|
Dec. 01, 2006 |
Agreed Motion to Hold Case in Abeyance filed.
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Nov. 27, 2006 |
Joint Response to Initial Order and Request to Consolidate (with DOAH Case No. 06-2718 and 06-4194) and Hold Case in Abeyance filed.
|
Nov. 20, 2006 |
Initial Order.
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Nov. 17, 2006 |
Administrative Complaint filed.
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Nov. 17, 2006 |
Petition for Formal Administrative Proceeding filed.
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Nov. 17, 2006 |
Notice (of Agency referral) filed.
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