STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

R & R GUEST HOME, INC., )

)

Petitioner, )

)

vs. ) CASE NO. 87-4402

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William J. Kendrick, held a hearing in the above- styled case on December 14, 1987, in Fort Lauderdale, Florida.

APPEARANCES

For Petitioner: Rholanda Higgs-Rule

R & R Guest Home, Inc. 720 Southwest 6th Street Dania, Florida 33004

For Respondent: Leonard T. Helfand, Esquire

Department of Health and Rehabilitative Services

5190 Northwest 167th Street Miami, Florida 33014

PRELIMINARY STATEMENT

At issue in this proceeding is whether Petitioner complied with the provisions of Section 400.426(7), Florida Statutes, by submitting to the Respondent a completed medical form for resident J. T. within 30 days from the date it was notified that a physical examination was required.

At hearing, Petitioner called Rholanda Higgs-Rule and Lisa R. Zelenka as witnesses. Respondent called Janet A. Ryan and William E. Kelsey as witnesses, and its exhibits 1-5 were received into evidence.

The parties were granted leave until December 24, 1987, to file Proposed Findings of Fact. Neither party filed such proposals in a timely manner.

FINDINGS OF FACT

1. At all times material hereto, Petitioner, R & R Guest Home, Inc., was licensed to operate an adult congregate living facility at 720 Southwest 6th Street, Dania, Florida.

2. On February 5, 1987, the Respondent caused to be conducted an investigation at Petitioner's facility to determine whether a resident, J. T., was appropriately placed. That investigation resulted in the Respondent concluding that the resident needed care beyond that which Petitioner was licensed to provide.

   
   

3. Pursuant to the mandate of Section 400.426(7), Florida Statutes, Respondent delivered to Petitioner that day a health assessment form for the resident, with directions that it be completed by the resident's examining physician and returned to Respondent within 30 days.

   
   

4. The health assessment form was apparently completed by the resident's examining physician on February 10, 1987, but Petitioner did not submit it to the Respondent until March 30, 1987.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of these proceedings.

   
   

6. Pertinent to this case, Section 400.426(7), Florida Statutes, provides:

   
   

   If, at any time after admission to a facility, a resident appears to need care beyond that which the facility is licensed to provide, the department shall direct the facility owner or administrator to require the resident to be physically examined by a licensed physician or licensed nurse practitioner... Pursuant to such examination, the examining physician or licensed nurse shall complete and sign a medical form provided by the department. The completed medical form shall be submitted to the department within 30 days from the date the facility owner or administrator is notified by the department that the physical

   examination is required.... (Emphasis added).

   
   

   Section 400.419(4), Florida Statutes, provides for the imposition of a fine of up to $500 for failure to comply with Section 400.426(7)

   
   

7. In this case, Respondent proposes to levy a fine of $250.00 against Petitioner for its failure to comply with Section 400.426(7). Considering the factors enumerated in Section 400.419(2), Florida Statutes, a fine of $250.00 is appropriate.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered which sets and levies a $250.00

fine against R & R Guest Home, Inc., for its failure to comply with Section 400.426(7), Florida Statutes.

DONE and ENTERED this 6th day of January, 1988, in Tallahassee, Florida.

WILLIAM J. KENDRICK

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 6th day of January, 1988.

COPIES FURNISHED:

Rholanda Higgs-Rule

R & R Guest Home, Inc. 720 Southwest 6th Street Dania, Florida 33004

Leonard T. Helfand, Esquire Department of Health and

Rehabilitative Services 5190 Northwest 167th Street Miami, Florida 33014

Gregory L. Coler, Secretary Department of and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32399-0700

Sam Power, Clerk Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32399-0700

Docket for Case No: 87-004402

Orders for Case No: 87-004402