Judges: ROBERT E. MEALE
Agency: Agency for Health Care Administration
Latest Update: Feb. 26, 1988
Summary: $400 fine for Adult Congregate Living Facility failing to provide one staff member with suitable training
87-5515STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Petitioner, )
)
vs. ) CASE NO. 87-5515
) HAZEL VEREENE d/b/a VEREENE'S ) LOVE AND CARE HOME, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, final hearing in the above-styled case was held on February 11, 1988, in Melbourne, Florida, before Robert E. Meale, Hearing Officer of the Division of Administrative Hearings.
The parties were represented as follows:
For Petitioner: Lynn Porter-Carlton, Esquire
HRS District VII Legal Counsel
400 West Robinson Street Orlando, Florida 32601
For Respondent: Hazel Vereene, pro se
1304 East Gibbs Street Melbourne, Florida 32901
BACKGROUND
On November 19, 1987, Petitioner served Respondent with an Administrative Complaint alleging the existence of five Class III violations at Respondent's adult congregate living facility known as Vereene's Love and Care Home located at 1304 East Gibbs Street, Melbourne, Florida. These alleged violations existed at the time of the initial inspection completed on March 20, 1986, and at the time of a second inspection completed on April 21, 1987.
The alleged violations consisted of the failure of Respondent: to provide at least one staff member at the facility at all times with certification in an approved first aid course and documentation that all staff are free of communicable diseases; to maintain and make available physical examination records for one resident; to provide that one resident received medication in accordance with her prescription; to ensure that a refrigerator and chest freezer had accurate thermometers; and to maintain two freezers at a temperature below 0 degrees Fahrenheit. Petitioner sought a civil penalty of $150 for each of the first three violations and $100 for each of the last two violations.
By letter dated November 30, 1987, Respondent requested a formal hearing on disputed questions of fact.
At the hearing, it became apparent that paragraph 3(a) of the Administrative Complaint did not allege a failure of Respondent to provide for one staff member at all times with certification in an approved first-aid course. Respondent admitted that she understood the nature of the allegation, so Petitioner was given leave to amend the Administrative Complaint, ore tenus, at the hearing.
At the hearing, Petitioner presented two witnesses and offered two exhibits. Respondent presented two witnesses, including herself, and offered two exhibits. All exhibits were admitted.
Neither party filed a proposed recommended order.
FINDINGS OF FACT
Respondent is licensed to operate an adult congregate living facility known as Vereene's Love and Care Home, which is located at 1304 E. Gibbs Street, Melbourne, Florida.
On February 27 and March 20, 1986, two representatives of Petitioner conducted an inspection of Respondent's facility.
This inspection uncovered numerous violations, including 16 Class III violations. The facility was re-inspected on March 23 and 26 and April 21, 1987, and representatives of Petitioner determined that five Class III violations remained uncorrected.
The uncorrected Class III violations were the failure of Respondent: to provide at least one staff member at the facility at all times with certification in an approved first aid course and documentation that all staff are free of communicable diseases; to maintain and make available physical examination records for one resident; to provide that one resident received medication in accordance with her prescription; to ensure that a refrigerator and chest freezer had accurate thermometers; and to maintain two freezers at a temperature below 0 degrees Fahrenheit.
Representatives of Petitioner discussed the violations with Respondent at the time of the 1986 inspections. The parties agreed that Respondent would have varying deadlines, ranging from immediately to May 1, 1986, within which to correct the violations.
Respondent proved at the hearing that the bottle of Diazide prescribed for a Mrs. Smith bore an incorrect dosage. Respondent and Mrs. Smith both testified that the physician had orally changed the dosage to one tablet every other day. Mrs. Smith produced a bottle containing this medication and bearing this dosage.
The thermometers in the refrigerator and chest freezer were constantly falling off their shelves. The thermometers were always present in these two appliances.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and the parties. Section 120.57(1), Florida Statutes.
Petitioner is responsible for the licensing, regulation, and inspection of adult congregate living facilities. Sections 400.407, 400.419, 400.434, and 400.441, Florida Statutes.
The administrator of each adult congregate living facility must assure that there is at least one staff member within the facility at all times who has a certification in an approved first-aid course. Sections 400.419(3)(c) and 400.441, Florida Statutes; Rule 10A-5.019(5)(f), Florida Administrative Code.
The administrator of each adult congregate living facility must assure that the staff is free of communicable diseases. Section 400.419(3)(c) and 400.441, Florida Statutes; Rule 10A-5.019(5)(g), Florida Administrative Code.
The administrator of each adult congregate living facility must maintain and make available physical examination records for each resident. Section 400.426(3), (4), and (5), Florida Statutes.
The administrator of each adult congregate living facility must provide supervision to ensure that each resident is reminded to take medication as prescribed. Sections 400.419(3)(c) and 400.441, Florida Statutes; Rule 10A- 5.1082 (2)(b)2.c, Florida Administrative Code.
The administrator of each adult congregate living facility must ensure that each refrigerator and freezer used for the storage of perishable foods is provided with an accurate thermometer located in the warmest part of the unit and toward the side front where it can be easily read. Sections 400.419(3)(c) and 400.441, Florida Statutes; Rule 10A- 5.020(1)(n)11, Florida Administrative Code.
The administrator of each adult congregate living facility must ensure that food stored in freezers is kept at 0 degrees Fahrenheit or below. Sections 400.419(3)(c) and 400.441, Florida Statutes; Rule 10A-5.020(1)(n)12, Florida Administrative Code.
The civil penalty for each Class III violation is a penalty of not less than $100 and not more than $500. Section 400.419(3)(c), Florida Statutes.
Petitioner has proven all of the material allegations of the Administrative Complaint except those pertaining to the medication dosage and the absence of thermometers in the refrigerator and freezer.
Based on the foregoing, it is hereby
RECOMMENDED that Petitioner enter a Final Order imposing an administrative fine on Respondent in the total amount of $400 for the violations set forth in Paragraph 3(a), (b), and (e) of the Administrative Complaint.
ENTERED this 26th day of February, 1988, in Tallahassee, Florida.
ROBERT E. MEALE
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 26th day of February, 1988.
COPIES FURNISHED:
Lynn Porter-Carlton, Esquire HRS District VII Legal Counsel
400 West Robinson Street Orlando, Florida 32801
Hazel Vereene
Vereene's Love and Care Home 1304 East Gibbs Street Melbourne, Florida 32901
Sam Power Clerk
Department of Health and Rehabilitative Services
1323 Winewood Boulevard
Tallahassee, Florida 32399-0700
Gregory L. Coler Secretary
Department of Health and Rehabilitative Services
1323 Winewood Boulevard
Tallahassee, Florida 32399-0700
John Miller General Counsel
Department of Health and Rehabilitative Services
1323 Winewood Boulevard
Tallahassee, FL 32399-0700
Docket for Case No: 87-005515
Orders for Case No: 87-005515
| Issue Date |
Document |
Summary |
|
Mar. 16, 1988 |
Agency Final Order
|
|
|
Feb. 26, 1988 |
Recommended Order
|
$400 fine for Adult Congregate Living Facility failing to provide one staff member with suitable training
|
