STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WARREN LODGE, d/b/a PASKOW )

LODGE RETIREMENT RESIDENCE, )

)

Petitioner, )

)

vs. ) CASE NO. 86-2777

) HRS CASE NO. 86-0003

DEPARTMENT OF HEALTH AND ) ACLF

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, W. Matthew Stevenson, held a formal hearing in this cause on March 18, 1987, in Fort Lauderdale, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Leonard C. Helfand, Esquire

Department of Health and Rehabilitative Services

401 Northwest Second Avenue, Suite 1070 Miami, Florida 33128

For Respondent: Warren Lodge (pro se)

Paskow Lodge Retirement Residence 5821 Northwest 28th Street Lauderhill, Florida 33313

The issue at the final hearing was whether the Respondent was guilty of the allegations contained in the Administrative Complaint.

PROCEDURAL BACKGROUND

The Petitioner served the Administrative Complaint by U.S. Mail on February 12, 1986. By letter dated March 2, 1986, the Respondent disputed the factual allegations contained in the Administrative Complaint and requested a formal hearing pursuant to Section 120.57(1), Florida Statutes. This cause came on for final hearing on March 18, 1987.

At the final hearing, the parties informed the undersigned that the Petitioner had agreed to admit to all of the factual allegations of the Administrative Complaint and the Respondent agreed to recommend that any penalty be limited to $1,087.50. The parties further stipulated that they nevertheless desired a formal hearing and a Recommended Order by the Division of Administrative Hearings. Mr. Warren Lodge, owner, manager and operator of the Paskow Lodge Retirement Residence was the only witness called at the hearing.

There was no documentary evidence introduced and neither party ordered a transcript of the proceedings. Likewise, neither party filed post-hearing proposed findings of fact.

FINDINGS OF FACT

1. Petitioner, Warren Lodge, is licensed to operate Paskow Lodge Retirement Residence, 5821 N.W. 28th Street, Lauderhill, Florida as an Adult Congregate Living Facility.

   
   

2. The Respondent, Department of Health and Rehabilitative Services, conducted an administrative inspection of Paskow Lodge Retirement Residence on February 2, 1985. At the conclusion of the inspection, the Respondent was given written notice of a list of deficiencies noted during the inspection. The Respondent was given until April 5, 1985 to correct the deficiencies.

   
   

3. On September 12, 1985, the Petitioner conducted a follow-up survey of Paskow Lodge Retirement Residence. Although several of the deficiencies previously cited were corrected, many of them had still not been corrected.

   
   

   DEFICIENCIES PREVIOUSLY CITED ON FEBRUARY 2, 1985, AND UNCORRECTED

   ON SEPTEMBER 12, 1985

   
   

4. The Respondent failed to keep on file in the facility up-to-date daily records for residents who received supervision of self administered medications.

   
   

5. Respondent allowed medications to be administered by unlicensed staff members during evening hours.

   
   

6. Respondent failed to arrange exits remote from each other and in such a manner as to minimize any possibility that more than one exit might be blocked by any one fire or emergency.

   
   

7. Respondent failed to document that therapeutic diet service was being provided although at least one facility resident had a physician's order for a 1500 calorie diabetic diet on file.

   
   

8. Respondent failed to demonstrate that menus were planned in accordance with the recommended dietary allowances established by the Food and Nutrition Board National Research Council. Adequate amounts of meats, fruits, citrus, vegetables, milk and other foods were not specified on the menu.

   
   

9. Respondent failed to conduct matters pertaining to food service in accordance with Chapter 10D-13, F.A.C., and Chapter 10A-5.20(m), F.A.C. in that:

   
   

   1. miscellaneous food items were stored on the floor;

   2. clothing and shoes were stored with food;

   3. The Kenmore reach-in-refrigerator/freezer had wet towels on the interior bottom shelf

      and outside base of unit, the thermometers registered a temperature of 60 degrees Fahrenheit instead of 45 degrees Fahrenheit or below, and 45 degrees Fahrenheit instead of zero degree Fahrenheit or below for the refrigerator and freezer respectively and

      the unit kickguard was missing;

   4. an Edlund can opener, blade and base were grossly soiled;

   5. dumpster doors were left open;

   6. plastic beverage tumblers were stacked and stored wet;

   7. the restroom next to the dining room was not provided with paper towels;

   8. documentation was not proved to show that food service staff were free of communicable disease;

   9. sanitation inspection reports on file did not document correction of deficiencies.

      
      

      CONCLUSIONS OF LAW

      
      

10. The Division of Administrative Hearings has jurisdiction over the parties to and subject of these proceedings. Chapter 120, Florida Statutes.

    
    

11. The Department of Health and Rehabilitative Services has jurisdiction over the Respondent by virtue of the provisions of the "Adult Congregate Living Facility Act," Chapter 400, Part II, Florida Statutes. The purpose of the act is:

    
    

    . . . to provide for the health, safety and welfare of residents of adult congregate living facilities in the state, to promote the growth and continued improvement of such facilities, to ensure that all agencies of the state cooperate in the protection of such residents, and to ensure that needed economic, social, mental health, health, and leisure services

    are made available to residents of such facilities.

    
    

    Section 400.401(2), Florida Statutes. In furtherance of the stated purposes of the act, if the Department of Health and Rehabilitative Services determines a facility is not in compliance with certain standards promulgated pursuant to the provisions of Section 400.419, Florida Statutes, the facility may be subject to an administrative fine.

    
    

12. The Administrative Complaint charges that Respondent violated the provisions of Chapter 400, Part II, Florida Statutes, and Chapter 10A-5, F.A.C., in that the facility failed to correct, within the mandated time frame, certain deficiencies cited during a survey which occurred on February 2, 1985.

    
    

13. The Petitioner established by a preponderance of the competent and substantial evidence that on the date of the follow-up survey, the Petitioner had failed to correct four (4) Class III and three (3) Class II deficiencies cited during the survey of February 2, 1985.

    
    

14. Failure to keep on file up-to-date daily records in the facility for residents who receive supervision of self administered medications is a violation of Rule 10A-5.24(1)(a)3, F.A.C., and is a Class III deficiency.

15. Allowing medications to be administered by unlicensed staff members is a violation of Rule 10A-5.182(3)(d)1 and 2, F.A.C., and is a Class III deficiency.

    
    

16. Failure to arrange exits remote from each other in order to minimize the possibility that several may be blocked by any one fire or emergency is a violation of N.F.P.A. 101, Life Safety Code (1981) Sections 5-5.1.1 and 5-

    5.5.1.2 (made applicable to ACLF's by Section 400.419, Florida Statutes) and is a Class III deficiency.

    
    

17. Failure to have on file a physician's order for each diet and the meal pattern including types and amounts of food to be served when therapeutic diet service is provided is a violation of Rule 10A-5.20(1)(e) F.A.C., and is a Class II deficiency.

    
    

18. Failure to demonstrate that regular diets are planned and/or served to meet nutritional needs of residents in accordance with the recommended dietary allowances established by the Food and Nutrition Board-National Research Council is a violation of Rule 10A-5.20(1)(f), F.A.C., and is a Class II deficiency.

    
    

19. Failure to conduct matters pertaining to food service in accordance with Chapter 10D-13, F.A.C. and Rules 10A-5.20(m), F.A.C., is a Class III deficiency.

RECOMMENDATIONS

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a fine in the amount of $1,087.50 be assessed against

Petitioner. In addition, it is RECOMMENDED that the Petitioner be allowed to

make five (5) monthly installment payments of $180 and a final payment of

$187.50.

DONE and ORDERED this 8th day of April 1987 in Tallahassee, Leon County, Florida.

W. MATTHEW STEVENSON Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550 904/488-9675

FILED with the Clerk of the Division of Administrative Hearings this 8th day of April 1987.

COPIES FURNISHED:

Leonard C. Helfand, Esquire Department of Health and

Rehabilitative Services

401 N.W. Second Avenue, Suite 1070 Miami, Florida 33128

Amy Jones Director

Office of Licensure and Certification 2727 Mahan Drive

Tallahassee, Florida 32302

Warren Lodge

Paskow Lodge Retirement Resident 5821 N.W. 28th Street Lauderhill, Florida 33313

Gregory L. Coler Secretary

Department of Health and Rehabilitative Services

1323 Winewood Blvd.

Tallahassee, Florida 32399-0700

John Miller, Esquire Acting General Counsel Department of Health and

Rehabilitative Services 1323 Winewood Blvd.

Tallahassee, Florida 32399-0700

Sam Power

Department of Health and Rehabilitative Services

1323 Winewood Blvd.

Tallahassee, Florida 3239-0700

Docket for Case No: 86-002777

Orders for Case No: 86-002777