STATE OF FLORIDA. AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, vs. 7 ' AHCA No. 2010012295 A COAST TO COAST HOME HEALTHCARE, LLC, Respondent, . / ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, State of Florida, Agency for Health Care Administration (“the Agency”), by and through its undersigned counsel, and files this Administrative Complaint against the Respondent, A Coast To Coast Home Healthcare LLC (“the Respondent”), pursuant to Sections 120.569 and 120,57, Florida Statutes, and alleges as follows: N T ‘OF THE ACTION ’ This is an action against a home health agency to impose administrative fines in the amount six thousand dollars ($6,000.00) based upon two violations, JURISDICTION AND VENUE. - 1. The Court has jurisdiction over the subject matter pursuant to Sections 120.60 and. 120.57, Florida Statutes, 2. The Agency has jurisdiction over the Respondent pursuant to Sections 20,42 and 120,60, and Chapters 408, Part II, and 400, Part II, Florida Statutes. 3. Venue lies pursuant to Rule 28-106.207, Florida Administrative Code. PARTIES 4. The Agency is the licensing and regulatory authority that oversees home health Filed February 25, 2011 10:03 AM Division of Administrative Hearings agencies in Florida and enforces the applicable federal regulations and state statutes and rules governing home health agencies, Ch. 408, Part II, Ch. 400, Part Ill, Fla. Stat. Ch, 59A-8, Bla, Admin. Code. The Agency is authorized to deny, revoke, or suspend a license, and impose an administrative fine, for violations as provided in Sections 400,474 and 400,484, Florida Statutes, and Rules 59A-8.003 and 59A-8,0086, Florida Administrative Code. . 5. The Respondent was issued a license by the Agency. (License No. 299993521) to operate a home health agency located at 7481 W Oakland Park Blvd, Suite 203B, Lauderhill, Florida 33319, and was at all times material required to comply with the applicable federal regulations and state statutes and rules governing home health agencies. : COUNTI The Respondent Failed to Timely Notify the Agency of the Termination of the Services of its Director of Nursing in Violation of F.S. 400.476(2)(b) 6. The Agency revalleges and incorporates. by reference paragraphs.1 through 5. 7. Under Florida law, ... a home health agency that provides skilled nursing care and the director of nursing of a home health agency must notify the Agency within 10 business days after termination of the services of the director of nursing for the home health agency. A home health agency that provides skilled nursing care must notify the Agency of the identity and qualifications of the new director of nursing within 10 days after the new director is hired,. . § 400.476(2)(b), Fla. Stat. 8. Under Florida law, “director of nursing” means a registered nurse who is a direct employee, as defined in subsection (9), of the [home health} agency and who is a graduate of an approved school of nursing and is licensed in this state; who has at least one year of supervisory experience as a registered nurse; and who is responsible for oversceing the professional nursing and home health aide delivery of services of the [home health] agency. § 400.462(10), Fla. Stat, 9. Under Florida law, “skilled care” means nursing services or therapeutic services required by law to be delivered by a health care professional who is licensed under part l of chapter 464; part I, part it, or part V of chapter 468; or chapter 486 and who is employed by or under contract with a licensed home health agency or is referred by a licensed nurse registry, | “§ 400.462(28), Fla. Stat, 10... The Respondent, at all times material, provided skilled nursing care. 11. On or about September 5, 2010, the Agency received notice that the former | Director of Nursing at the Respondent’s home health agency resigned as the Respondent’s Director of Nursing (“DON”), 12. The Respondent failed to inform the Agency that its DON resigned within 10 business days of the termination of the services of the DON for the home health agency, | Sanctions 13. Under Florida law, the Agency shall fine a home health agency that fails to notify the Agency as required in this paragraph $1,000 for the first violation and $2,000 for a repeat violation. § 400,476(2)(b) , Fla, Stat. WHEREFORE, the Petitioner, State of Florida, Agency for Hoalth Care Administration, respectfully seeks an administrative fine against the Respondent in the amount of one thousand dollars ($1,000.00), COUNT IE The Respondent Operated For More Than 30 Calendar Days Without a Director of Nursing - In Violation of F.S. 400.476(2)(b) 14, The Agency re-alleges and incorporates by reference paragraphs 1 through 5, 15, Under Florida law, a home health agency that provides skilled nursing care may not operate for more than 30 calendar days without a director of nursing. ... If a home health agency that provides skilled nursing care operates for more than 30 calendar days without a director of nursing, the home health agency commits a class i deficiency. § 400.4762)(b), Fla, i Stat, 16. Under Florida law, “director of nursing” means.a registered nurse who is a direct | employee, as defined in subsection (9), of the [home health] agency and who‘is a graduate of an approved school of nursing and is licensed in this state; who has at least one year of supervisory experience as a registered, nurse; and who is responsible for overseeing the professional nursing and home health aide delivery of services of the [home health] agency. § 400.462(10), Fla. Stat. 17. Under Florida law, “skilled care” means nursing services or therapeutic services tequired by. law to be delivered by a health care professional who is licensed under part I of chapter 464; part I, part IIL, or part V of chapter 468; or chapter 486 and who is employed by or | under contract with a licensed home health agency or is referred by a licensed nurse registry. § 400.462(28), Fla, Stat,. The Role of a Director of Nursing in a Home Health Agency 18. Under Florida law, the director of nursing of the home health agency shall: 1, : Meet.the criteria as: defined in Section 400.462(10), Florida Statutes, 2, Supervise or manage, directly or through qualified subordinates, all personnel who provide direct patient care; 3, Ensure that the professional standards of community nursing practice are maintained by all nurses providing cate; and 4. Maintain and adhere to agency procedure and patient care policy manuals. Fla. Admin. Code R. 59A-8.0095(2)(a). 19. Under Florida law, if the administrator is not a physician or registered nutse, the director of nursing shall: 1. Establish service policies and procedures in compliance with Chapter , 64E-16, Florida Administrative Code, and state health statutes and administrative rales pursuant to. Section 381.0011(4), Florida Statutes, which generally conform to recommended Centers for Disease Control (CDC) and Occupational Safety and Health Agency (OSHA) guidelines for safety, universal precautions and infection control procedures; 2, Employ and evaluate nursing personnel; 3. Coordinate patient care services; and 4. Set or adopt policies for, and keep records of criteria for admission to service, case assignments and case management. Fla, Admin. Code R, 59A-8,0095(2)(b). | 20. Under Florida law, the director of nursing shall establish and conduct an ongoing quality assurance program which assures: 1. Case assignment and management is appropriate, adequate, and consistent with the plan of cate, medical regimen: and patient needs; 2. Nursing . and other services provided to the patient are coordinated, appropriate, adequate, and consistent with plans of care; 3, All services and outcomes are completely and legibly documented, dated and signed in the clinical service record; 4. Confidentiality of patient data is maintained; and 5, Findings of the quality assurance program are used to improve services. Fla. Admin. Code R. 59A-8,0095(2)(c). 21. Under Florida law, in a home health agency with less than a total of 10 full time: equivalent. employees and contracted personnel, the director of nursing may also be the © administrator. Fla, Admin. Code R. 59A-8.0095(2)(d). 22. The Respondent, at all times material, provided skilled nursing care, 23. Onor about September 5, 2010, the former DON at the Respondent’s home health agency resigned as the Respondent’s DON. 24. On or about September 7, 2010, the Agency sent a letter to the Respondent informing it that the Agency had received information that the former DON had resigned and requested the Respondent to. provide information regarding the Respondent’s new DON. ‘The Agency’s letter further informed the Respondent that operating for more than 30 days without a DON constitutes a class II deficiency. ' 25. . The Agency explained that it was required to review and approve the new DON’s qualifications in accordance with Florida law. . 26. The Respondent failed to submit fo the Agency the information requested by the . Agency. . ; 27. The Respondent, operated for more than thirty (30) calendar days without a Director of Nursing, Sanctions 28, Under Florida law, if a home health agency that provides skilled nursing care Operates for more than 30 calendar days.without,a director of nursing, the home health agency . commits a class II deficiency. § 400.476(2)(b) , Fla, Stat, 29. Under, Florida law, upon finding a class I deficiency, the agency shall impose an administrative fine in the amount of $5,000 for each occurrence and each day that a deficiency exists. § 400.484(2)(b) , Fla, Stat, . _ WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, respectfully seeks an administrative fine against the Respondent in the amount of five thousand dollars ($5,000.00). CLAIM FOR RELIEF WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, respectfully seeks an order that: 1. Makes findings of fact and conclusions of law in favor of the: Agency. 2. Imposes sanctions against the Respondent as set forth above, seg? aie 3. Orders‘any other relief authorized by law that is just and appropriate. Ji Respectfully submitted on this 2/”day of January, 2011, Florida Bar No. 69060 Office of the General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 Telephone (850) 412-3630 Facsimile (850) 921-0158 ° NOTICE The Respondent has the right to request a hearing to be conducted in accordance with Sections 120,569 aud 120,57, Florida Statutes, and to. be represented by counsel or other qualified representative. Specific options for the administrative action are set out within the attached Election of Rights form. . The Respondent is further notified’ if the Election of Rights form is not received by the Agency for Health Care Administration within twenty-one (21) days of the receipt of this Administrative Complaint, a final order will be entered. The Election of Rights form shall be made to the Agency for Health Care Administration and delivered to: Agency. Clerk, Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Mail Stop 3, Tallahassee, FL 32308; Telephone (850) 922-5873. CERTIFICATE OF SERVICE _ THEREBY CERTIFY that a true and correct copy of the Administrative Complaint and Election of Rights form were served to: Earl Wald, Registered Agent, A Coast To Coast Home Healtheare LLC, 11420 N. Kendall Drive, Suite 203, Miami, Florida 33176 by U.S. Certified } Mail, Return Receipt No. 7009 0960 0000 3709 5683 on this UWF say of January, 2011. Bradford K, Herter, Assistant General Counsel . Florida Bar No. 69060 Office of the General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 © Telephone (850) 412-3630 Facsimile (850) 921-0158 Copies furnished to: Earl Wald, Registered Agent A Coast To Coast Home Healthcare LLC 11420 N, Kendall Drive, Suite 203 Miami, Florida 33176 (US. Certified Mail) Bradford C. Herter Assistant General Counsel Office of the General Counsel Agency for Health Care Administration 2727. Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 Anne Menard, Unit Manager Home Care Unit Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #34 Tallahassee, Florida 32308 (Interoffice) CE ; TIFIED. Main RECEIPT ‘(Dome Hé Mail Only; Cortiflad Fea Ratutn Recelpt Fa Postmark a Restricted Dailvery Fe (end oretmnant Requied Ak C. Total Rasteae & Fees Earl Wald, Registered Agent siisét api: Neti” A Coast To Coast Home Healthcare LLC” oreo enn. 11420 N, Kendall Drive, Sulte 203, w+ Miami, Florida B3176 Sort 10 “-FDO4 OF40 Of00 3705 5b83 SENDER: COMPLETE THIS SECTION m@ Complete items 1, 2, and a. Alao complete Item 4 If Restricted Bollvary {s desired. ™ Print your name and address on the reverse 80 that we can return the card to you, ™ Attach this card to the baok of the mallplece, oF on the front If space permits, 1, Attlcte Addressed to: C1 Agent C1 Adctrasaes D, Ia delvery address different from item 1? CI Yes (t YES, enter delivery address below: CI No ean Wald, Registered Agent l Coast To Coast Home Healthcare LLC 11420 N, Kendall Drive, Suite 203 :Miami, Florida 33176 ; 8, Sapfce Type Lf Certified Mall =] Exprass Mall (1 Registered 1 Return Recelpt for Merchandise C1 Insured Mall £1. €.0,D. | 4, Restrloted Delivery? (Extra Fea) ; 1» Arth * raneterromsotcotse) Ss POD -O4LO OO00 3704 ShaR — art ; PS Form 3811, February 2004 Domestlo Returis Recelpt 102866.02-Ms1640

Docket for Case No: 11-001020