STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Petitioner, )
)
vs. ) CASE NO. 80-1442
)
FOUNTAINHEAD NURSING AND )
CONVALESCENT HOMES, INC., )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on 7 October 1980 at Miami, Florida.
APPEARANCES
For Petitioner: Morton Laitner, Esquire
1350 Northwest 14th Street Miami, Florida 33125
For Respondent: A. Thomas Mihok, Esquire
Suite 610, Eola Office Center 605 East Robinson Street Orlando, Florida 32801
By letter dated July 15, 1980 Fountainhead Nursing and Convalescent Homes, Inc., Respondent, by and through its attorney, requested a formal hearing to contest the assignment of a "C" rating resulting from the licensure survey conducted April 8 and 9, 1980 and assigned to the nursing home by the Director, Office of Licensure and Certification, HRS, by letter dated June 30, 1980.
At the hearing one witness was called by Petitioner and one exhibit was admitted into evidence. There is no dispute as to the facts in this case.
FINDINGS OF FACT
At all times here relevant Fountainhead Nursing and Convalescent Homes, Inc., Respondent, was licensed by the Department of HRS, Petitioner, as a nursing home.
On a survey of the nursing home facilities conducted on April 8 and 9, 1980 five Class II deficiencies and twenty Class III deficiencies were reported on HRS Form 553D entitled Classification of Deficiencies for Nursing Home Licensure Requirements (Exhibit 1). These were designated HRS-1, 3, 14, 15 and
20 on Exhibit 1.
Because of these Class II deficiencies Respondent was assigned a "C" rating.
HRS-1 is a deficiency correctable within 72 hours.
HRS-3, 14 and 20 are Class III deficiencies erroneously characterized as Class II deficiencies.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of these proceedings.
Rule 10D-29.54(3)(a), F.A.C., provides in pertinent part:
1 . Class "A" Nursing Home Facility -- To be assigned a rating of "A", a nursing home must be providing patient care,
performance, service and/or facilities that meeting minimum standards. Such a home must not be cited for any Class I, not more than three (3) Class II deficiencies, which are immediately correctable (within 72 hours, [sic] and have less than twenty-five (25) Class III deficiencies.
With the reclassification of the deficiencies by Petitioner's witness at the hearing, the number of Class II deficiencies found during the April 8 - 9, 1980 survey is reduced to two and Respondent becomes qualified for an "A" rating.
From the foregoing it is concluded that Respondent was erroneously awarded a "C" rating as a result of the survey of the nursing home conducted on April 8 - 9, 1980. The rating assigned should have been "A". It is therefore
RECOMMENDED that the rating assigned to Fountainhead Nursing and Convalescent Homes, Inc. as a result of the survey conducted April 8 - 9, 1980 be changed to "A" and the "C" rating assigned be rescinded.
Entered this 21st day of October, 1980.
K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301
(904) 488-9675
COPIES FURNISHED:
Morton Laitner, Esquire Dade County Department of
Public Health
1350 Northwest 14th Street Miami, Florida 33125
A. Thomas Mihok, Esquire Suite 610, Eola Office Center 605 East Robinson Street Orlando, Florida 32801
Issue Date | Proceedings |
---|---|
Nov. 11, 1980 | Final Order filed. |
Oct. 21, 1980 | Recommended Order sent out. CASE CLOSED. |
Issue Date | Document | Summary |
---|---|---|
Nov. 10, 1980 | Agency Final Order | |
Oct. 21, 1980 | Recommended Order | Petitioner erroneously awarded Class C instead of Class A to Respondent nursing home. Recommend changing the rating to reflect the mistake. |