STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, vs. Case No. 99-01457 MARK WILLIAM SIMPSON, O0- OB 9 Y 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 MARK WILLIAM SIMPSON, 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. YU ww) Respondent is and has been at all times material hereto, a licensed in the NURSING HOME ADMINISTRATOR licensed in the State of Florida, having been issued license number NH 0003772. Respondent’s last known address is555 31" Street South, St. Petersburg, Fl 33712. _ Atall times material hereto Respondent was the Nursing Home Administrator at Victoria Martin Nursing Home (hereinafter Victoria Martin). . From on or about January 1, 1999 through on or about January 8, 1999, the Agency for Health Care Administration (AHCA) conducted an annual recertification and relicensure survey at Victoria Martin. The survey conducted during or about January, 1999, found numerous violations. Subsequently, Victoria Martin was notified by AHCA that Victoria Martin was deemed to be a provider or substandard quality of care. On or about March 10, 1999, AHCA conducted a revisit survey at Victoria Martin. The revisit revealed that many of the deficiencies found during the annual survey conducted during or about January, 1999, had been corrected; however, there still remained deficiencies outstanding. . During the March 1999, revisit AHCA cited Victoria Martin a second time for failure to provide residents with a safe, clean, functional and homelike environment. AHCA surveyors made the following observations: (a) doors and windows were in a state of disrepair; (b) furniture and other supplies were being stored in open areas accessible by residents and the public; ‘ (c) wooden soffits, facias, and gutters were in a state of disrepair; (d) the floors in the facility were found to be dirty and in some places with gaps in the surface or broken tiles; and (e) walls and baseboards were found to be dirty or in need of maintenance work. 10. 13. 14. iw UY Respondent was responsible for implementing appropriate procedures and training of staff sufficient to ensure that the deficiencies noted during the annual recertification a and relicensure survey conducted in or about January, 1999, were corrected. In particular, that the facility provide residents with a safe, clean, functional and homelike environment. 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 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 ten (10) 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)(1), Florida Statutes, for repeatedly acting ina manner inconsistent with the health, safety, or welfare of the patients of the facility in which he or she is the administrator. YU nw 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 May of _| du $4) af, 1999. Robert G. Brooks, M.D. Secretary, Department By: Nancy M. Snurkowski Chief Attorney On Behalf of the Agency for Health Care Administration COUNSEL FOR AGENCY: Christine T. Messana, Attomey © ° A: FL Bar # 015318 Agency for Health Care Administration General Counsel’s Office - MQA Allied Health P.O. Box 14229 Tallahassee, FL 32317 - 4229 (850) 410-3470 CTM/ser PCP: DOM: F 1 LE D DEPARTMENT OF HEALTH er TY aE Oe CLERK Highows DATE __ e-/ 7: een

Docket for Case No: 00-000294