va fe bom io) 00 JAN 19 AMI: 46 STATE OF FLORIDA DEPARTMENT OF HEALTH DIV Sie ADMINIS [RAGIYE DEPARTMENT OF HEALTH, HEARINGS —~ Petitioner, vs. Case No. 98-17925 ARMANDO FERNANDEZ, N.H.A., O O- O a 9 O Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Nursing Home Administrators against ARMANDO FERNANDEZ, N.H.A., hereinafter referred to as “Respondent,” and alleges: 1. Petitioner is the state agency charged with regulating the practice of nursing home administration pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 468, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration, hereinafter referred to as the “Agency,” to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate, including the issuance of emergency orders of suspension or restriction. 9. Respondent was responsible for implementing appropriate procedures and training of Y U Respondent is and has been at all times material hereto, a licensed NURSING HOME ADMINISTRATOR licensed in the State of Florida, having been issued license = -~ number NH 0002710. Respondent’s last known address is 19440 NE 19" Place, N. Miami Beach, Fl 33179- 5040. Atall times material hereto, Respondent was the Nursing Home Administrator at The El Ponce Nursing Home (hereinafter “El Ponce). Respondent’s employment as the El Ponce Administrator began on or about June 1, 1998. On or between July 13" and July 17", 1998, an annual survey inspection of El Ponce was conducted by the Agency for Health Care Administration. The survey revealed numerous violations. On or about August 2, 1998, AHCA conducted a revisit survey of El Ponce. The revisit revealed that many of the violations noted during the July, 1998, annual survey inspection had not been corrected and that there were additional violations. The findings of AHCA during the revisit on or about August 2, 1998, resulted in a Moratorium being placed on El Ponce. The grounds for the Moratorium were as follows: (a) failure to properly assess and implement care plans for residents; (b) failure to provide health care designed to meet resident needs and maintain the highest possible level of function; and (c) failure to provide dietary services sufficient to meet the needs of residents whereby the failure resulted in severe weight loss. staff sufficient to ensure that the deficiencies noted during the survey conducted during or about July, 1998, were corrected. In particular, Respondent was 10. 11. 12. 13. a U responsible for ensuring that the facility provided the necessary care for the health, safety, and welfare of its residents. . a COUNT I Petitioner realleges and incorporates by reference the allegations in the foregoing paragraphs as if fully stated herein. Based on the foregoing, the Respondent's license to practice nursing home administration in the State of Florida is subject to discipline pursuant to Section 468.1755(1)(g), Florida Statutes, for negligence, incompetence, or misconduct in the practice of nursing home administration. COUNT II Petitioner realleges and incorporates by reference the allegations in paragraphs one (1) through nine (9) as if fully stated herein. Based on the foregoing, the Respondent’s license to practice nursing home administration is subject to discipline pursuant to Section 468.1755(1)(k), Florida Statutes, for repeatedly acting in a manner inconsistent with the health, safety, or welfare of the patients of the facility in which he or she is the administrator. \Y ) WHEREFORE, Petitioner respectfully requests the Board of Nursing Home Administrators enter an Order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license, restriction of the Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this day of { { LU fltch , 1999. Robert G. Brooks, M.D. Secretary, Department of Healt! Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: Christine T. Messana, Attorney C~. Ww FL Bar # 015318 Agency for Health Care Administration General Counsel’s Office - MQA in Allied Health coat LE D P.O. Box 14229 epuTy a HEALTH Tallahassee, FL 32317 - 4229 curr Piel "CLERK (850) 487-2225 od 9h bem pate 0S 2G CTM/ser PCP: DOM:

Docket for Case No: 00-000290