Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: GLADES HOSPITAL HOLDINGS, INC., D/B/A GLADES GENERAL HOSPITAL
Judges: ELEANOR M. HUNTER
Agency: Agency for Health Care Administration
Locations: West Palm Beach, Florida
Filed: Apr. 16, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 6, 2007.
Latest Update: Nov. 17, 2024
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
STATE OF FLORIDA
AGENCY FOR HEALTH CARE
ADMINISTRATION, 7 (T]
Petitioner, 0
vs. AHCA NO.2007000829
Return Receipt Requested
GLADES HOSPITAL HOLDING, INC. 7002 2410 0001 4235 5611
d/b/a GLADES GENERAL HOSPITAL, 7002 2410 0001 4235 5628
Respondent.
/
ADMINISTRATIVE COMPLAINT
COMES NOW the Agency for Health Care Administration
(hereinafter “AHCA”), by and through the undersigned counsel,
files this Administrative Complaint against Glades Hospital
Holding, Inc. d/b/a Glades General Hospital (hereinafter
“Glades General Hospital”) pursuant to 28-106.111 Florida
Administrative Code (2006) and Chapter 120, Florida Statutes
(2006) hereinafter alleges:
NATURE OF THE ACTION
1. This is an action to impose an administrative fine
in the amount $5,000.00 pursuant to Section 395.1041(5) (a)
Florida Statutes.
JURISDICTION AND VENUE
2. This court has jurisdiction pursuant to Section
120.569 and 120.57 Florida Statutes and Chapter 28-106 Florida
Administrative Code.
3. Venue lies in Palm Beach County, pursuant to 120.57
Florida Statutes and Chapter 28, Florida Administrative Code.
PARTIES
4. AHCA is the enforcing authority with regard to
Hospital licensure law pursuant to Chapter 395, Part I, Florida
Statutes and Rules 59A-3 Florida Administrative Code.
5. Glades General Hospital is a hospital facility
located at 1201 S. Main Street, Belle Glade, Florida 33430 and
is licensed under Chapter 395, Part I, Florida Statutes and
Chapter 59A-3. Florida Administrative Code, license #3992 with
an expiration date of 5/05/08.
COUNT I
GLADES GENERAL HOSPITAL FAILED TO MAINTAIN A LIST OF RECEIVING
HOSPITALS WITH SPECIAL CARE CAPABILITIES
Rule 59A-3.255(6)(c)2, Florida Administrative Code
(EMERGENCY CARE)
6. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
7. During the complaint investigation (#2006010266)
conducted on 11/29-30/06 and based on observation and staff
interview the hospital does not maintain a list of receiving
hospitals with special care capabilities.
8. During the tour of the Emergency Room of the
hospital on 11/29/06 between 10 and 11 AM, the surveyor asked
for the facility’s Transfer Manual. A Registered Nurse gave
the Transfer Manual to the surveyor. A review of the Transfer
Manual revealed it documents only a list of hospital names and
telephone numbers, but it does not document the hospitals’
special care capabilities so that this required information is
readily accessible and available in making a decision as to
which facility provides the special care capabilities required
by any given patient.
17. Based on the foregoing, Glades General Hospital
violated Rule 59A-3.255(6)(c)2, Florida Administrative Code,
carrying in this case, an assessed fine of $5,000.00.
CLAIM FOR RELIEF
WHEREFORE, AHCA requests the following relief:
A. Make factual and legal findings in favor of the
Agency on Count I.
B. Assess a fine against the facility in the amount of
$5,000.00.
Cc. Grant such other relief as the court deems proper.
The Respondent is notified that it has a right to request
an administrative hearing pursuant to Section 120.569, Florida
Statutes. Specific options for administrative action are set
out in the attached Explanation of Rights (one page) and
Election of Rights (one page). All requests for hearing shall
be made to the Agency for Health Care Administration,
attention 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 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.
IF YOU WANT TO HIRE AN ATTORNEY, YOU HAVE THE RIGHT TO BE
PRESENTED BY AN ATTORNEY IN THIS MATVER.
Spokane Bldg., Suite #103
8350 NW 52°? Terrace
Miami, Florida 33166
(305) 470-6801
Copies furnished to:
Diane Reiland
Field Office Manager
Agency for Health Care Administration
5150 Linton Boulevard, Suite 500
Delray Beach, Florida 33484
(U.S. Mail
Hospital Program Office
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #31
Tallahassee, Florida 32308
(Interoffice mail)
Jean Lombardi
Agency for Health Care Administration
Finance and Accounting
2727 Mahan Drive, Mail Stop #14
Tallahassee, Florida 32308
(Interoffice mail)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy hereof was sent by U.S.
Mail, Return Receipt Requested to Ronald Wievora,
Administrator, Glades General Hospital, 1201 S. Main Street,
Belle Glade, Florida 33430, and to Sachs Sax Klein, Registered
Agent 301 Yamato Road, Suite 4150, Boca Raton, Florida
334310n QD _, 2007.
ria Lawtori-Russell, Esq.
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DIVISION oF
ADMINISTRATIVE
HEARINGS
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SENDER: COMPLETE
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Docket for Case No: 07-001714
Issue Date |
Proceedings |
Jun. 06, 2007 |
Order Closing File. CASE CLOSED.
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Jun. 06, 2007 |
Joint Motion to Relinquish Jurisdiction filed.
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Jun. 06, 2007 |
Notice of Substitution of Counsel (filed by E. Willis).
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Apr. 27, 2007 |
Order of Pre-hearing Instructions.
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Apr. 27, 2007 |
Notice of Hearing by Video Teleconference (hearing set for June 13, 2007; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
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Apr. 26, 2007 |
Joint Response to Initial Order filed.
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Apr. 17, 2007 |
Initial Order.
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Apr. 16, 2007 |
Administrative Complaint filed.
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Apr. 16, 2007 |
Election of Rights filed.
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Apr. 16, 2007 |
Petition for Formal Administrative Hearing filed.
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Apr. 16, 2007 |
Notice (of Agency referral) filed.
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