STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, Case No. 2012000631 SUNSHINE CHRISTIAN HOMES, INC., 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, Sunshine Christian Homes, Inc, (“Respondent”), pursuant to Sections 120.569 and 120.57, Florida Statutes (2011), and alleges: . NATURE OF THE ACTION | This is an action against an assisted living facility to impose an administrative fine in the amount of one thousand dollars ($1,000.00) plus a survey fee of five hundred dollars ($500.00) for a total assessment of one thousand five hundred dollars ($1,500.00) based upon one (1) class II deficiency. JURISDICTION AND VENUE 1. The Agency has jurisdiction pursuant to §§ 20.42, 120.60, and Chapters 408, Part IT, and 429, Part I, Florida Statutes (2011). 2. Venue lies pursuant to Florida Administrative Code R. 28-106.207. Filed August 14, 2012 9:52 AM Division of Administrative Hearings SL ~e PARTIES 3. The Agency is the regulatory authority responsible for licensure of assisted living facilities and enforcement of all applicable federal regulations, state statutes and rules governing assisted living facilities pursuant to the Chapters 408, Part IL, and 429, Part 1, Florida Statutes, and Chapter 58A-5, Florida Administrative Code, respectively. 4. Respondent operates a one hundred eight (108) bed assisted living facility located at $250 Whippoorwill Drive, Holiday, Florida 34690, and is licensed as an assisted living facility, license number 5602. 5. Respondent was at all times material hereto a licensed facility under the licensing authority of the Agency, and was required to comply with all applicable rules and statutes. COUNTI 6. The Agency re-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein, | 7. Florida law provides: Resident Bill of Rights, (tL) No resident of a facility shall be deprived.of any civil or legal rights, benefits, or privileges guaranteed by law, the Constitution of the State of Florida, or the Constitution of the United States as a resident of a facility. Every resident of a facility shall have the right to: (a) Live in a safe and decent living environment, free from abuse and neglect. (b) Be treated with consideration and respect and with due recognition of personal dignity, individuality, and the need for privacy. (c) Retain and use his or her own clothes and other personal property in | his or her immediate living quarters, so as to maintain individuality and personal dignity, except when the facility can demonstrate that such would be unsafe, impractical, or an infringement upon the rights of other residents. (d) Unrestricted private communication, including receiving and sending ' unopened correspondence, access to a telephone, and visiting with any person of his or her choice, at any time between the hours of 9 a.m. and 9 p.m. at a minimum. Upon request, the facility shall make provisions to extend visiting hours for caregivers and out-of-town guests, and in other ————~-gimilar situations. (ce) Freedom to participate in and benefit from community services and activities and to achieve the highest possible level of independence, autonomy, and interaction within the community. (f) Manage his or her financial affairs unless the resident or, if applicable, the resident’s representative, designee, surrogate, guardian, or attorney in fact authorizes the administrator of the facility to provide safekeeping for funds as provided in s. 429.27. , (g) Share a room with his or her spouse if both are residents of the facility. (h) Reasonable opportunity for regular exercise several times a week and to be outdoors at regular and frequent intervals except when prevented by inclement weather, (i) Exercise civil and religious liberties, including the right to independent personal decisions. No religious beliefs or practices, nor any _ attendance at religious services, shall be imposed upon any resident. Gj) Access to adequate and appropriate health care consistent with established and recognized standards within the community. Section 429,28(1)(a - j), Fla. Stat. (2011). 8. Florida law provides: (6) RESIDENT RIGHTS AND FACILITY PROCEDURES. (a) A copy of the Resident Bill of Rights as described in Section 429.28, F.S., or a summary provided by the Long-Term Care Ombudsman Council shall be posted in full view in a freely accessible resident area, and included in the admission package provided pursuant to Rule 58A-5.0181, FAC. (b) In accordance with Section 429.28, F.S., the facility shall have a written grievance procedure for receiving and responding to resident complaints, and for residents to recommend changes to facility policies and procedures, The facility must be able to demonstrate that such procedure is implemented upon receipt of a complaint. _) -) (c) The address and telephone number for lodging complaints against a facility or facility staff shall be posted in full view in a common area accessible to all residents. The addresses and telephone numbers are: the District Long-Term Care Ombudsman Council, 1(888)831-0404; the Advocacy Center for Persons with Disabilities, 1(800)342-0823; the 9. Florida Local Advocacy Council, 1(800)342-0825, and the Agency Consumer Hotline 1(888)419-3456. (a) The statewide toll-free telephone number of the Florida Abuse Hotline “1(800)96-ABUSE or 1(800)962-2873” shall be posted in full view in a common area accessible to all residents. (©) The facility shall have a written statement of its house rules and procedures which shall be included in the admission package provided pursuant to Rule 58A-5.0181, F.A.C. The rules and procedures shall address the facility’s policies with respect to such issues, for example, as resident responsibilities, the facility’s alcohol and tobacco policy, medication storage, the delivery of services to residents by third party providers, resident elopement, and other administrative and housekeeping practices, schedules, and requirements. (f) Residents may not be required to perform any work in the facility without compensation, except that facility rules or the facility contract may include a requirement that residents be responsible for cleaning their own sleeping areas or apartments. If a resident is employed by the facility, the resident shall be compensated, at a minimum, at an hourly wage consistent with the federal minimum wage law. (g) The facility shall provide residents with convenient access to a telephone to facilitate the resident’s right to unrestricted and private communication, pursuant to Section 429.28(1)(d), F.S. The facility shall not prohibit unidentified telephone calls to residents. For facilities with a licensed capacity of 17 or more residents in which residents do not have private telephones, there shall be, at a minimum, an accessible telephone on each floor of cach building where residents reside. (h) Pursuant to Section 429.41, F.S., the use of physical restraints shall be limited to half-bed rails, and only upon the written order of the resident’s physician, who shall review the order biannually, and the consent of the résident or the resident’s representative. Any device, including half-bed rails, which the resident chooses to use and can remove or avoid without assistance shall not be considered a physical restraint. Fla, Admin. R. 58A-5,.0182(c) On December 13, 2011, the Agency completed a complaint survey (CCR# 2011013486) of Respondent's facility. 10. Based upon the review of records and interview, Respondent failed to ensure the provision of a safe and decent living environment to residents, free from abuse and neglect, for two (2) sampled residents, the same being contrary to the mandates of law. 11, Section 429.21(b), Florida Statutes (201 1), provides in pertinent part; "The admission of _ a resident to a facility and his or her presence therein shall not confer on the facility or its owner, administrator, employees, or reptesentatives any authority to manage, use or dispose of any property of the resident ..." 12, Section 429.27(6)(a), Florida Statutes (2011), provides in pertinent part; "...any person who ... Borrows from or pledges any personal funds of a resident, other than the amount agreed to by written contract under s, 429.24, commits a misdemeanor of the first degree ...." 13. . Section 429.24, Florida Statutes (2011), delineates the requirements of the contract _ between the resident and the facility which must be executed at the time of admission and how said monies should be handled, 14.. _ Petitioner’s representative reviewed Respondent’s policies and procedures and noted an undated policy entitled "Reporting Abuse/Neglect/Exploitation to the Florida Abuse Hotline" as follows: a. Under the section entitled "Exploitation," the policy indicated "Financial Exploitation’" was the "Unauthorized use of a person's income, assets, property, or other resources for personal gain.” b. Except for the indication that exploitation was reportable, there was no evidence in the policy related to monitoring to preclude financial exploitation of residents. 15. A facsimile from Respondent dated December 29, 2011, indicated that all newly hired staff received this policy. 16. _ Petitioner’s representative reviewed Respondent’s records related to residents numbered one (1) and two (2) during the survey and noted the following: ae L Resident One ” The resident was admitted to the Respondent facility on May 25, 2010. The Emergency Information Sheet, dated December 12, 2010, revealed the primary-contact for the resident was a guardian and the secondary contact-was a- - -- power of attorney. A document dated February 14, 2011 documents that a friend of the resident, while reviewing the resident's checkbook, found that one check had been written to Respondent’s Marketing Director in the amount of two thousand dollars ($2000.00). _ The resident's friend then notified the police to investigate. The document memorializes that Respondent’s Marketing Director asked to borrow money from the resident and the resident loaned the Marketing Director two thousand dollars ($2,000.00) and also noted that Respondent’s Marketing Director obtained a copy of the resident's credit card and made purchases online totaling one thousand four hundred three dollars ($1,403.00). The document noted the resident refused to press charges against the Marketing Director because the resident believed that the two thousand dollars ($2,000.00) was a loan and that the Marketing Director will repay the resident. The document notes that when police searched the Marketing Director's purse, they found another check belonging to the resident which was blank with no payee, dollar amount, or signature. The resident was cighty-cight (88) years old at the time. Resident Two The resident was admitted on July 9, 2008. The resident suffered from dementia. A document dated March 1, 2011, notes the resident's grandchild called the facility administrator on that date to notify administrator that while the grandchild was reviewing the resident's bank statements, the grandchild discovered that some checks had been written to Respondent’s Marketing Director. The document notes that Respondent’s administrator then contacted the police detective investigating the previous incident concerning resident number one (1) to inform the detective that another resident may have been taken advantage of by the former Marketing Director with the detective taking the relevant additional information and adding it to the original case against the Marketing Director. e. Adocument dated March 16, 2011, indicates that Respondent’s then Marketing Director would normally be the first person who new residents met and that she would assess new resident’s upon admission. f. The resident was born in Europe and the former Marketing Director spoke the 17. 18. —---- native language of the resident and connected well with the resident. g. The resident was eighty-nine (89) years old at the time, Internet records of the Pasco County Sheriff's Office reported as follows: Respondent’s Marketing Director was arrested on February 14, 2011 and charged with fraudulent use of a credit card and exploitation of the elderly, less than twenty thousand dollars ($20,000.00), the arrest was directly related to Respondent’s Marketing Director's unauthorized use of the credit card of resident number one (1). Respondent’s Marketing Director was subsequently re-arrested on December 8, 2011, and charged with exploitation of the elderly, less than twenty thousand dollars ($20,000.00), this arrest directly related to the Marketing Director's unlawful access to the checking account of resident number two (2). Petitioner’s representative interviewed Respondent’s administrator on December 13, 2011 who indicated as follows: a, b, On February 14, 2011, she was at a meeting away from the facility when she received a call from the Sheriff's office asking her to come to the facility. When she arrived at the facility, she found that the Marketing Director was placed in handcuffs, The Marketing Director had been arrested for credit card fraud and exploitation of the elderly pertaining to resident number one (1). She terminated the Marketing Director immediately and the administrator stated that the Marketing Director said she was sorry that she did it, but that she was guilty. While going through the Marketing Director's desk after termination, she found three bank statements belonging to resident number two (2) and she then notified the police because of the related allegations of the first incident. The administrator also contacted the grandchild of resident number two (2) and asked the grandchild to review the resident's bank statements. The resident’s grandchild verified that four (4) checks had been written and cashed by the former Marketing Director. . The administrator spoke to resident number two (2), but the resident did not know what the discussion was about because the resident has dementia. 7 19. Resident number one (1) has passed away and resident number two (2) indicated to Petitioner’s representative that someone who used to work at the facility tried to take money from the resident but the resident was caught before the employee got it, the employee was arrested, and now in jail. 20. Petitioner’s representative reviewed Respondent’s records related to the subject Marketing Director and noted as follows: ‘a, The position with the facility entailed processing the admission of new residents into the facility. b. The employee’s Performance Review dated January 6, 2011, identifies the official title as Assistant Administrator. c. In this evaluation, the employee is said to have"... thorough knowledge of the job and its requirements.” d, The remarks listed on the evaluation also indicate that the employee "... requires little or no supervision." : 21. Respondent’s Marketing Director possessed actual knowledge of the residents’ ability to consent and/or capacity and took affirmative action to gain access to the private funds of residents numbered one (1) and two (2) for the marketing director’s personal use. 22. Respondent is responsible for all aspects of facility operations. See Section 408.803(11), Fla. Stat..(2011). 23. Respondent adopted policy and procedure to prevent abuse, neglect, and exploitation. 24, — The above reflects respondent’s failure to ensure that the residents reside in a safe and decent living cnvironment free from abuse and neglect, including financial abuse or exploitation, and that Respondent’s policies and procedures relating to abuse, neglect, and financial exploitation failed to prevent financial exploitation of two vulnerable residents. | 25. . The Agency determined that this deficient practice was a condition or occurrence related to the operation and maintenance of a provider or to the care of clients which directly threatens the physical or emotional health, safety, or security of the clients, other than class I violations, po 6. ~The same constitutes a Class II offense as defined at Section 429.19(2)(b), Florida Statutes (2011). WHEREFORE, the Agency intends to impose an administrative fine in the amount of $1,000.00 against Respondent, an assisted living facility in the State of Florida, pursuant to Section § 429,19(2)(b), Florida Statutes (2011). COUNT II 27..° The Agency re-alleges and incorporates ‘Paragraphs one (1) through five (5) and Counts I, i Il, and III as if fully set forth herein. : 28. Pursuant to Section 429.19(7), Florida Statutes (2011), in addition to any administrative fines imposed, the Agency may assess a survey fee, equal to the lesser of one half of a facility’s biennial license and bed fee or $500, to cover the cost of conducting initial complaint investigations that result in the finding of a violation that was the subject of the complaint or monitoring visits conducted under Section 429,28(3)(c), Florida Statues (2011), to verify the correction of the violations. 29. The citation of-one or more Class II deficient practices at the December 1, 2011 survey require the conduct of a monitoring survey pursuant to law. See, Section 429.28(3)(c), Florida - Statutes (2011). 30. Respondent is therefore subject to a survey fee of five hundred dollars ($500.00), pursuant to Section 429,19(7), Florida Statutes (2011). WHEREFORE, the Agency intends to impose a survey fee of five hundred dollars ($500.00) against Respondent, an assisted living facility in the State of Florida, pursuant to § 429,19(10), Florida Statutes (2011). NOTICE OF RIGHTS Respondent is notified that it has a right to request an administrative hearing pursuant to §120. 569, Florida Statutes, Respondent has the right to retain, and be represented by an attorney in this matter. 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; Telephone (850) 412-3671. 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 HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been served by U.S. Certified Mail, Return Receipt No. 7011 0470 0000 7951 2640 to Diane Toland, Registered Agent/Administrator, Sunshine Christian Homes, Inc., 5250 Whippoorwill Drive, Holiday, FL 34690, this % | day of April, 2012. STATE OF FLORIDA, AGENCY FOR HEALTHCARE ADMINISTRATION 525 Mirror Lake Dr. N., Suite 330K St, Petersburg, Florida 33701 Telephone: (727) 552-1945 Facsimile: (727) 552-1440 Copy provided to: Pat Caufnan 3 — STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION - RE: SUNSHINE CHRISTIAN HOMES, INC. CASE NO. 2012000631 — KLECTION OF RIGHTS This E! Election of Rights form is attached to a proposed action by the Agency for Health Care Administration (ALICA), The title may be Notice of Intent to Impose a Late Fee, Notice of Intent'to Impose a Late Fine or Administrative Complaint. ‘Your Election of Rights must be returned by mail or by fax within 21 days of the day you receive the attached Notice of Intent to Impose a Late Fee, Notice of Intent to Impose a Late Fine or Administrative Complaint, If your Election of Rights with your selected option is not received by AHCA within twenty- one (21) days from the date you received this notice of proposed action by AHCA, you will have given up your right to contest the Agency’s proposed action and a final order will be issued. ‘Please use this form unless you, your attorney or your representative prefer to reply according to Chapter120, Florida Statutes (2006) and Rule 28, Florida Administrative Code.) PLEASE RETURN YOUR ELECTION OF RIGHTS TO THIS ADDRESS: Agency for Health Care Administration Attention: Agency Clerk 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308. Phone: 850-412-3630 Fax; 850-921-0158, . PLEASE SELECT ONLY 1 OF THESE 3 OPTIONS OPTION ONE (1) I admit to the allegations of facts and law contained in the Notice of Intent to Impose a Late Fine or Fee, or Administrative Complaint and I waive my | right to object and to have a hearing. I understand that by giving up my right to a hearing, a final order will be issued that adopts the proposed agency action and imposes the Penalty, fine or action. OPTION TWO (2)_ I admit to the allegations of facts contained in the Notice of Intent to Impose a Late Fee, the Notice of Intent to Impose a Late Fine, or Administrative Complaint, but I wish to be heard at an informal proceeding (pursuant to Section 120.57(2), Florida Statutes) where I may submit testimony and written evidence to the Agency to show that the proposed administrative action is too severe or that the fine should be reduced. OPTION THREE (3)____—ss«I._ dispute the allegations of fact contained in the Notice of Intent to Impose a Late Fee, the Notice of Intent to Impose a Late Fine, or Administrative Complaint, and I request a formal hearing (pursuant to Subsection 120.57(1), Florida Statutes) before an Administrative Law Judge appointed by the Division of Administrative Hearings. | ;—__-"_ gequiremiénts of Rule 28-106,2015, Florida Administrative Code, which requires that it contain: “~~ PLEASE NOTE: Choosing OPTION THREE (3), by itself, is NOT sufficient to obtain a formal hearing.. You also must file a written petition in order to obtain a formal hearing before the Division of Administrative Hearings under Section 120,57(1), Florida Statutes, It must be received by the Agency Clerk at the address above within 21 days of your receipt of this proposed administrative action, The request for formal hearing must conform to the 1. Your name, address, and telephone number, and the name, addtess, and telephone number of your representative or lawyer, if any. 2. The file number of the proposed action. 3. A statement of when you received notice of the Agency’s proposed action, 4, A statement of all disputed issues of material fact. If there are none, you must state that there are none. . Mediation under Section 120.573, Florida Statutes, may be available in this matter if the Agency agrees. ‘ License type: (ALF? nursing home? medical equipment? Other type?) Licensee Name: License number: Contact person: Name Title Address: Street and number City Zip Code Telephone No. Fax No. Email(optional) I hereby certify that I am duly authorized to submit this Notice of Election of Rights to the Agency for Health Care Administration on behalf of the licensee referred to above. Signed: __ Date: Print Name: ; Title: Late fee/fine/AC USPS.com® - Track & Confirm ' Page 1 of | English Customer Service USPS Mobis Register/Sign In Ea USP. iS COM , Search USPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mall Shop. Business Solutions Track & Confirm =~ i vn GETEMAI.OPDATES PRINT DETAILS YOUR LABEL NUMBER SERVICE STATUSOF YOURITEM © DATE R TIME LOCATION FEATURES. | 7011047000007881264D | Ovlivered April 06, 2012, 10:17 ar HOLIDAY, FL34600 Cerkiled Mau™ Check on Another Item ‘Whal's your labal (or receipt) number? Find LEGAL . 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Docket for Case No: 12-002648