Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: SENIOR HOUSING MANAGEMENT PROVIDER, LLC, D/B/A PALM BEACH ASSISTED LIVING FACILITY
Judges: JUNE C. MCKINNEY
Agency: Agency for Health Care Administration
Locations: West Palm Beach, Florida
Filed: Sep. 24, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 23, 2010.
Latest Update: Jan. 09, 2025
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
STATE OF FLORIDA, AGENCY FOR HEALTH
CARE ADMINISTRATION,
Petitioner, AHCA No.: 201002003
Return Receipt Requested:
v. 7002 2410 0001 4236 3463
7002 2410 0001 4236 3470
SENIOR HOUSING MANAGEMENT PROVIDER
LLC d/b/a PALM BEACH ASSISTED LIVING
FACILITY,
Respondent.
ADMINISTRATIVE COMPLAINT
COMES NOW State of Florida, Agency for Health Care
Administration (“AHCA”), by and through the undersigned counsel,
and files this administrative complaint against Senior Housing
Management Provider LLC d/b/a Palm Beach Assisted Miving
Facility (hereinafter “Palm Beach Assisted Living Facility”),
pursuant to Chapter 429, Part I, and Section 120.60, Florida
Statutes (2009), and alleges:
NATURE OF THE ACTION .
1. This is an action to impose an administrative fine of
$3,200.00 pursuant to Sections 429.14 and .429.19, Florida
Statutes (2009), for the protection of public-health, safety and
welfare.
Filed September 24, 2010 3:01 PM Division of Administrative Hearings.
JURISDICTION AND VENUE
2. This Court has jurisdiction pursuant to Sections
120.569 and 120.57, Florida Statutes (2009), and Chapter 28-106,
Florida Administrative Code (2009).
3. Venue lies pursuant to Section 120.57, Florida
Statutes (2009), and Rule 28-106.207, Florida Administrative
Code (2009).
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 429,
Part I, Florida Statutes (2009), and. Chapter 58A-5 Florida
Administrative Code (2009).
5. Palm Beach Assisted Living Facility operates a 200-bed
assisted living facility located at 534 Datura Street, West Palm
Beach, Florida 33401. Palm Beach Assisted Living Facility is
licensed as an assisted living facility under license number
7617. Palm Beach Assisted Living Facility 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
PALM BEACH ASSISTED LIVING FACILITY FAILED TO COMPLY WITH THE
RESIDENT'S BILL OF RIGHTS TO BE TREATED WITH CONSIDERATION AND
RESPECT OF PERSONAL DIGNITY.
SECTION 429.28(1), FLORIDA STATUTES
(RESIDENT CARE STANDARDS)
CLASS II VIOLATION
6. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
7. Palm Beach Assisted Living Facility was cited with
three (3) Class II deficiencies as a result of a complaint
investigation survey conducted on January 7, 2010.
8. A complaint investigation survey was conducted on
January 7, 2020. Based on record review, interview, and
observations, it was determined that the facility failed to
comply with the Resident's Bill of Rights by failing to ensure
all residents residing at the facility are treated with dignity,
individuality, and have adequate shelter which provides a safe
and decent living environment, for all 134 residents residing at
the facility. The facility neglected the appropriate shelter
needs of the residents due to significant changes in the weather
condition requiring prompt attention. The findings include the
following.
9. Research of weather conditions for 01/04/10, 01/05/10
and 01/06/10, revealed the outside weather temperatures were
3
below 65 degrees Fahrenheit during awake and sleeping hours at
the facility. (Refer to A1011 & A1012.)
10. The facility is mandated to maintain an inside
temperature of 72 degrees Fahrenheit, when the outside
temperatures are 65 degrees or lower during wake hours and 68
degrees Fahrenheit during sleeping hours to ensure the safety
and well-being of residents. However, during tour of the
facility between the hours of 9:15 AM and 1 PM on 01/07/10 with
the Administrator, it could not be confirmed that the inside
temperature remained within the guidelines, which had the
potential to ‘jeopardize the well-being and health of the
residents.
11. Random interviews with residents between the hours of
9:15 AM and 1 PM on 01/07/10 revealed the rooms were extremely
cold and had been cold the last three nights when the outside
temperatures were extremely cold. It was also revealed no source
of heat was available in many of the rooms or Dining Area,
making it uncomfortable during the night and early morning
hours.
12. Based on record review and observations, many of the
residents have Limited Mental Health problems and require some
form of assistance or supervision with Activities of Daily
Living (ADLs).
13. Interview with the Administrator at 11 AM on 1/7/10,
revealed it was unknown the facility had central heat on the
first floor until this time. It was also revealed the facility
did not offer any source of heat for the residents other than
random resident rooms provided with space heaters until this
date. The Administrator had not provided "heat blowers" for the
common areas of the facility on the second and third floors
until this date. Furthermore, the facility had not been
monitoring temperatures in the facility until this time. This is
a repeat deficiency from the survey conducted on October 13,
2009.
14. Based on the foregoing facts, Palm Beach Assisted
Living Facility violated Section 429.28(1), Florida Statutes,
herein classified as a Class II violation, which warrants an
assessed fine of $1,200.00.
COUNT IT
PALM BEACH ASSISTED LIVING FACILITY FAILED TO ENSURE THAT NO
RESIDENT SHALL BE IN ANY INSIDE AREAS THAT ARE BELOW 72 DEGREES
. FAHRENHEIT.
RULE 58A-5.023(2) (a), FLORIDA ADMINISTRATIVE CODE
(PHYSICAL PLANT STANDARDS)
CLASS II VIOLATION
15. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
16. A complaint investigation survey was conducted on
January 7, 2010. Based on observation and interview, it was
determined that the facility failed to ensure that no resident
shall be in any inside areas of the facility that are below a
temperature of 72 degrees Fahrenheit when the outside
temperatures are 65 degrees or lower during the day. This has
the potential to directly affect the health and safety of the
residents of the facility. The findings include the following.
17. During tour of the facility conducted on 01/07/2010
between the hours of 9:15 AM and 1 PM, accompanied by the
Administrator, it was noted the outside temperature was below 65
degrees. Review of weather reports for the area of the facility
confirmed outside temperatures during the day were below 65
degrees for the past three nights (01/04/10, 01//05/10 and
01/06/10). It was also revealed the facility's census was 134
cresidents. At 9:30 AM, the central air conditioning thermostat
in the Dining Room indicated the room was 58 degrees. There was
no device available to monitor temperatures throughout the rest
of the facility until 12 PM on this date.
18. When the Administrator was interviewed at 10 AM, she
was unaware that the facility had central heat available on the
first floor. Random residents had been provided space heaters
for individual use in their rooms. There was no other heating
mechanism available to keep the temperature within regulation
guidelines for the
resided.
19. At 1 PM,
second and third floors
where residents
the central heat was operating on the first
floor and the temperature on the thermostat in the Dining Room
registered 62 degrees, still below the -.required minimum
temperature of 72 degrees during the day.
20. The following outside temperatures were noted for
01/04/10, 01/05/10 and 01/06/10 (every 2 hours):
01/04/10:
Time Temperature
ee PM 35 degrees Fahrenheit .
8:05 PM {raster Eee —-—|
10:05 AM 38 degrees Fahrenheit
12:05 AM 44 degrees Fahrenheit
1:05 AM 47 degrees Fahrenheit
3:05 PM Si degrees Fahrenheit
5:05 Pil 50 degrees Fahrenheit
7:05 PM 44 degrees Fahrenheit
9:05 PM 41 degrees Fahrenheit
01/05/10:
Time Temperature
6:05 PM 37 degrees Fahrenheit
8:05 PM 32 degrees Fahrenheit
10:05 AM. 34 degrees Fahrenheit
12:05 AM 39 degrees Fahrenheit
1:05 AM 43 degrees Fahrenheit
3:05 PM 40 degrees Fahrenheit
5:05 PM 46 degrees Fahrenheit
7:05 PM 41. degrees Fahrenheit
9:05 PM 37 degrees Fahrenheit
01/06/10:
Time Temperature
31 degrees Fahrenheit
8:05 PM 30 degrees Fahrenheit
10:05 AM ‘ degrees Fahrenheit
12:05 AM 43 degrees Fahrenheit
1:05 AM 45 degrees Fahrenheit
3:05 PM 49 degrees Fahrenheit
5:05 PM 49 degrees Fahrenheit
7:05 PM 43 degrees Fahrenheit
9:05 PM 39 degrees Fahrenheit
21. Random interviews with residents between 9:15 AM and 1
PM on 01/07/10 revealed the rooms were extremely cold and had
been cold the last two days. It was also revealed only some
residents were provided space heaters making it uncomfortable
for others during the day.
22. Interview with the Administrator at 11 AM on 1/7/10,
revealed the facility had ordered large "heat blowers" to be
placed on each hall on the second and third floors. It was also
revealed the facility was not aware that central heat was
available on the first floor until this time. The facility
failed to ensure warm temperatures in all residents' rooms and
Dining Area for the safety and well-being of all residents.
23. Based on the foregoing facts, Palm Beach Assisted
Living Facility violated Rule 58A~-5.023(2) (a), Florida
Administrative Code, herein classified as a Class II violation,
which warrants an assessed fine of $1,000.00.
COUNT III
PALM BEACH ASSISTED LIVING FACILITY FAILED TO ENSURE THAT NO
RESIDENTS ARE IN INSIDE AREAS THAT ARE BELOW 68 DEGREES
FAHRENHEIT.
RULE 58A~5.023(2) (a), FLORIDA ADMINISTRATIVE CODE
(PHYSICAL PLANT STANDARDS)
CLASS II VIOLATION
24. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
25. A complaint investigation survey was conducted on
January 7, 2010. Based on observation and interview, it was
determined that the facility failed to ensure that no resident
shall be in any inside areas of the facility that are below an
inside temperature of 68 degrees Fahrenheit, when the outside
temperatures are 65 degrees or lower when residents are asleep.
This has the potential to directly affect the health and safety
of the residents of the facility. The findings include the
following.
26. During tour of the facility conducted on 01/07/2010
between the hours of 9:15 AM and 1 PM, accompanied by the
Administrator, it was noted the outside temperature was below 65
degrees. Review of weather reports for the area of the facility
confirmed outside temperatures during sleeping hours were below
65 degrees for the past three nights (01/04/10, 01//05/10 and
01/06/10) .
27. %It was also revealed the facility's census was 134
residents. At 9:30 AM, the central air conditioning thermostat
in the Dining Room indicated the room was 58 degrees. There was
no device available to monitor temperatures throughout the rest
of the facility until 12 PM on this date. When the Administrator
was interviewed at 10 AM, she was unaware that the facility had
central heat available on the first floor. Random residents had
been provided space heaters for individual use in their rooms.
10
There was no other
temperature within regulation
heating mechanism available to
keep the
guidelines for the second and
third floors where residents resided.
28. At 1 PM, the. central
heat was operating on the first
floor and the temperature on the thermostat in the Dining Room
registered 62 degrees, still below the required minimum
temperature of 68 degrees at night.
29. The following outside temperatures were noted for
01/04/10, 01//05/10 and 01/06/10 (every 2 hours):
01/04/10
Time Temperature
[S305 By ar agrees Banremnet
11:05 PM 40 degrees Fahrenheit
12:05 AM 37 degrees Fahrenheit
2:05 AM 36 degrees Fahrenheit
4:05 AM 36 degrees Fahrenheit
01/05/10:
Time Temperature
9:05 PM 38 degrees Fahrenheit
11:05 PM 37 degrees Fahrenheit
12:05 AM 40 degrees Fahrenheit
2:05 AM 39 degrees Fahrenheit
1
1
4:05 AM 39 degrees Fahrenheit
01/06/10:
Time Temperature
9:05 PM 39 degrees Fahrenheit
11:05 PM 37 degrees Fahrenheit
12:05 AM 37 degrees Fahrenheit
2:05 AM 35 degrees Fahrenheit
4:05 AM 33 degrees Fahrenheit
30. Random interviews with residents between 9:15 AM and 1
PM on 01/07/10 revealed the rooms were extremely cold and had
been cold the last three nights. It was also revealed only some
residents were provided space heaters, making it uncomfortable
for others during the night and early morning hours.
31. Interview with the Administrator at 11 AM on 1/7/10,
revealed the facility had ordered large "heat blowers" to be
placed on each hall on the second and third floors. It was also
revealed the facility was not aware that central heat was
available on the first floor until this time. The facility
failed to ensure warm temperatures in all residents' rooms and
Dining Area for the safety and well-being of all residents at
night.
12
32. Based on the foregoing facts, Palm Beach Assisted
Living Facility violated Rule S8A~-5.023(2) (a), Florida
Administrative Code, herein classified as a Class II violation,
which warrants an assessed fine of $1,000.00.
CLAIM FOR RELIEF
WHEREFORE, the Agency requests the Court to order the
following relief:
1. Enter a judgment in favor of the Agency for Health
Care Administration against Palm Beach Assisted Living Facility
on Counts I through III.
2. Assess an administrative fine of $3,200.00 against
Palm Beach Assisted Living Facility on Counts I through III for
the violations cited above.
3. Assess costs related to the investigation and
prosecution of this matter, if the Court finds costs applicable.
4, 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 (2009). Specific options for . administrative
action are set out in the attached Election of Rights. All
13
requests for hearing shall be made to the Agency for Health Care
Administration, and delivered to the Agency Clerk, Agency for
Health Care Administration, 2727 Mahan Drive, MS #3,
Tallahassee, Florida 32308.
RESPONDENT IS FURTHER NOTIFIED THAT THE FAILURE TO RECEIVE A
REQUEST FOR A HEARING WITHIN TWENTY-ONE (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
REPRESENTED BY AN ATTORNEY IN THIS MATTER
tn. Ko
Alba M. Rodriguez, Esd.
Fla. Bar No.: 0880175
Assistant General Counsel
Agency for Health Care
Administration
8350 N.W. 52 Terrace - #103
Miami, Florida 33166
Copies furnished to:
Arlene Mayo-Davis
Field Office Manager
Agency for Health Care Administration
5150 Linton Blvd. - Suite 500
Delray Beach, Florida 33484
(U.S. Mail)
14
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 Ricki Kaneti, Administrator, Palm Beach
Assisted Living Facility, 534 Datura Street, West Palm Beach,
Florida 33401; Ricki Kaneti, Registered Agent, 534 Datura
Street, West Palm Beach, Florida 33401 on this w3rekday of
Oprrt. , 2010.
Qhra) Ro
Alba M. Rodriguez, Esq.
15
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Docket for Case No: 10-009297
Issue Date |
Proceedings |
Dec. 23, 2010 |
Order Closing File. CASE CLOSED.
|
Dec. 22, 2010 |
AHCA's Notice of Withdrawal of Motion to Relinquish Jurisdiction and Joint Motion to Close File filed.
|
Dec. 22, 2010 |
Order to Show Cause.
|
Dec. 21, 2010 |
Petitioner's Motion to Relinquish Jurisdiction filed.
|
Nov. 12, 2010 |
Respondent's Motion for Extension of Time to File Response to Discovery filed.
|
Nov. 08, 2010 |
Notice of Withdrawal of Counsel filed.
|
Oct. 06, 2010 |
Order Directing Filing of Exhibits
|
Oct. 06, 2010 |
Order of Pre-hearing Instructions.
|
Oct. 06, 2010 |
Notice of Hearing by Video Teleconference (hearing set for January 12 and 13, 2011; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Oct. 04, 2010 |
Undeliverable envelope returned from the Post Office.
|
Oct. 04, 2010 |
Notice of Appearance (of J. Gilroy) filed.
|
Oct. 04, 2010 |
Response to Initial Order filed.
|
Oct. 01, 2010 |
Notice of Service of Petitioner's Interrogatories and Request for Production filed.
|
Oct. 01, 2010 |
Notice of Service of Petitioner's Request for Admissions filed.
|
Sep. 27, 2010 |
Initial Order.
|
Sep. 24, 2010 |
Notice (of Agency referral) filed.
|
Sep. 24, 2010 |
Request for Formal Administrative Proceeding filed.
|
Sep. 24, 2010 |
Administrative Complaint filed.
|