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TAMARAC REHABILITATION AND HEALTH CENTER vs AGENCY FOR HEALTH CARE ADMINISTRATION, 00-000544 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-000544 Visitors: 1
Petitioner: TAMARAC REHABILITATION AND HEALTH CENTER
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: MICHAEL M. PARRISH
Agency: Agency for Health Care Administration
Locations: Fort Lauderdale, Florida
Filed: Feb. 02, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 15, 2000.

Latest Update: Dec. 25, 2024
yo pe Beh fr flrs STATE OF FLORIDA . AGENCY FOR HEALTH CARE ADMINISTRATION DEPARTMEE CLERK TAMARAC REHAB & HEALTH CARE CENTER, Petitioner, vs. CASE NO. 00- 0544 Mme . rae CLomd 518-00 STATE OF FLORIDA, AGENCY FOR HEALTH CARE font ADMINISTRATION, = ' Respondent. NS / nN m= FINAL ORDER baa = ; re THE Petitioner, TAMARAC REHAB & HEALTH CARE CENTER, filed a Voluntary Dismissal dated May 10, 2000, which is incorporated by reference. In an amended report, dated May 3, 2000, Respondent. changed the scope and “severity ‘and. classifications of the deficiencies cited in a survey conducted on October 12-14, 1999 ” and October 19, 1999. The letter is incorporated by reference. ‘Based ‘on the foregoing, the request for ‘a hearing is dismissed and the file is CLOSED. . King-Shaw, Jr., Director Agency for Health Care Administration A PARTY WHO ‘Is ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED “TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY ALONG WITH FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Christine T., Messana Staff Attorney Agency for Health Care Administration (Interoffice Mail) Karen L. Goldsmith, Esquire GOLDSMITH & GROUT, P.A. 2180 Park Avenue North, #100 Winter Park, Florida 32790 (U.S. Mail) Michael M. Partish Administrative Law Judge Division of Administrative Hearings: The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (Interoffice Mail) Long Term Care Unit, AHCA (Interoffice Mail) porpomecweee eR rn eT ee CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the above- -named addressees by U.S. Mail on this. the Qeay of , Esquire Agency Clerk State of Florida Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403 (850). 922-5865 seep gees cee rene A A Bk li = A Sk. elle fi lili oe Mi Zot -—oeuay, 3.2000 11:489M — AHCA HA 19 NO.143 PZ é , _ CERTIFIED MAIL * Dear Mr. Perlman: oe “patticipation requirements. ws A pTATEOF LRIDA * | . A FILED ROENCY FOR HEALTH CARE ADMINISTRATION OOWAY 26 AMO: 47 RUBEN J. KING-SHAW JR I - ADMINISTRATIVE _ HEARINGS - 00-0594 se. J&B BUSH, GOVERNOR CEREIEIAD 22a RETURN RECEIPT REQUESTED 7,322, 458 443 : 3,2000 IMPORTANT NOTICE — WLIEASE READ CAREFULLY Mr. Scott Perlman, Administrator Tamarac Rehabilitation and Health Center 7901 NW 88° Avenue Tamarac, FL 33321 _ AMENDED REPORT - IDR Findings — F329 changed to F331 - $/S and Class Reduced on F224, F314, F331 On 10/ 12 — 10/14/99 and 10/19/99, alsurvey wps pon ducted at your facility by the Agency for Health Care Administration suzveyors, Maryaring Clancy, RD, LD, Ann Fantell, HFE II, Glena Boyles, RPh, Karen Backus, RNS, Diana Baumgarten, RNS, Karl Petersen, RNS, Debra Wilcox, RNS, and William Strauss, FPS; to determine jf jour facility was in compliance with Federal participation requirements for nursing homes pa icipating in the Medicare and/or Medicaid “programs, This visit found that your|facility was pot in substantial compliance with the All references to regulatory requirem ats contiined in this letter are found in Title 42, Code of Federal Regulations, AREA 10 ~ MC & RQ OFFICE 1400 W. COMMERCIAL BLYD,, SUITE 135 FT. LAUDERDALE, FLORIDA 33303 - AHCA HEADQUARTERS 3727 MAHAN DRIVE TALLAHASSEE, FL + 32308 ‘ "Tt way. 3.2008 11:49AM AHA HOA 19 Page 2 of 3 ~ Remedies will be recommietided for intposition _ may result in a change in the remedy selected. - ,202-3270 and fax (954) 202-3280 with your we NO. 143 P.3 Tamarac Rehabilitation He. Center May 3, 2000 a ™ - aeceptable Plan of Corteciion by 5/15/00 may result in the imposition of remedies by 5/15/00. A omplished for those residents found to have becn affected by the deficient pratibe; « ° How you will identify other residents having the’ potenitial to be affected by the same deficient practiceland what cofrective action will be taken; ° ‘What measures will be [put into plade or what systemic changes you will make ensure that the deficient practice Hops not recur; and, : ° How the corrective action(s) will]by monitored to ensure the deficient Practice will not recur, Le., what quality assurance program will be put into place, by (he Health Care Financing Administration (HCFA) Regional Office or the State } edicaid Keeney if your facility has failed to achieve substantial compliance by 11/18/99, the date cemtain. Informal dispute resolution for the cited deficiencies will not delay the imposition of thejenforcement actions recommended (or revised, iousness of the noncompliance on 11/18/99, as apptoptiate) on 11/18/99. A change in the setia len this occurs, you will be advised of any change in remedy. . : 3 months (1/17/00) after the last day of the If you do not achieve substantial compli dl Office or State Medicaid Agency must deny survey identifying noncompliance, HCFA Regio payments for new admissions. We are also recommending to the HCPA Regio J Office or State Medicaid Agency that your provider agreement be terminated on 4/17/00, time. lbstantial compliance is not achieved by that If you believe these deficiencies have been corty Office Manager, 1400 West Commercial Blvd., d, you may contact Patricia M. Feeney, Field ite 135, Ft, Lauderdale, Florida 33309, (954) en credible allegation of compliance, If you choose and so indicate, the Plan of Correction njay constitute your allegation of compliance, We - may accept the written allegation of compliance arjd presume compliance until substantiated by a _revisit or other means, . os If, upon the subsequent revisit, your facllity hasingt achieved substantial compliance, a civil moncy penalty may be imposed by tht GICFA Re: bional Office or the State Medicaid Agency) beginning on 10/19/99, and continue patil substpntial compliance is achieved. Additionally, the ~ ital may impose the other remedy(ies) indicated as rm MAY. 3.2008 11:49AM AHCA H@A 14 : “for deficiencies which resulted in a Teference the page number of the full fepurl, noi We wish » youbave any questions, please conticy Ms. Clare NO.143 P.4 Tamarac Rehabilitatiw:& . lth Chnter May 3, 2000 Page 3 of 3 In accordance with §488.331, you he P informal dispute resolution (IDR) pth ss. Yu ‘ i nding of Q opportunity, you are required to send your wril boing dispuee, and an explanation of why yo riunity to dispute cited deficiencies through an ay also contest scope and severity assessments or immediate jeopardy. To be given such an en request, along with the specific deficiencies ae disputing those deficiencies (or why you are deficiencies which have been found to constitute aa disputing the scope and severity assdssments 8QC or immediate jeopardy) to: Agency For Heal ark Standard: Cate Administration ahd Quality Unit (DR) -."This request must be sent during the game ten ((10) calendar days you have for submitting a Plan of Correction for the cited deficiencids. An incon plete IDR process will not delay the effective date of an enforcement action. Additionally, your facility was found|to be in cb Chapter 400, Florida Statutes and 59A A those licensure items enumerated on the attachdd of those deficiencies must be taken within the shel ficd time frame, Failure to comect the - deficiencies within the specified time facility. ame may result in administrative action against your ize summiaty of the licensure deficiencies shall he general public. This summary shall B any deficiencies found, together with your i¢ate whore the full report may be inspected. jeport as yitesented on Form HCFA 2567 may be used in actions taken to rectify such deficiencles, and i Altematively, copies of the complete lieu of your completed summary, Stange provided to our surveyors during the survey. Should at (954) 202-3270.

Docket for Case No: 00-000544
Issue Date Proceedings
May 26, 2000 Final Order filed.
May 15, 2000 Order Closing File sent out. CASE CLOSED.
May 12, 2000 (Petitioner) Notice of Voluntary Dismissal filed.
Mar. 31, 2000 Petitioner`s Response to Agency`s Request for Admissions (filed via facsimile).
Mar. 22, 2000 Order Granting Continuance and Re-scheduling Hearing sent out. (hearing set for May 16, 2000; 8:45 a.m.; Fort Lauderdale, FL)
Mar. 13, 2000 Motion for Continuance (filed by C. Messana via facsimile).
Feb. 29, 2000 Amended Notice of Hearing sent out. (hearing set for March 30, 2000; 8:45 a.m.; Fort Lauderdale, FL, amended as to location)
Feb. 24, 2000 Order Denying Motion to Dismiss sent out.
Feb. 24, 2000 Notice of Hearing sent out. (hearing set for March 30, 2000; 8:45 a.m.; Fort Lauderdale, FL)
Feb. 17, 2000 Petitioner`s Response in Opposition to Respondent`s Motion to Dismiss (filed via facsimile).
Feb. 11, 2000 (Petitioner) Response to Initial Order (filed via facsimile).
Feb. 07, 2000 (Respondent) Motion to Dismiss (filed via facsimile).
Feb. 03, 2000 Initial Order issued.
Feb. 02, 2000 Statement of Deficiencies filed.
Feb. 02, 2000 Notice filed.
Feb. 02, 2000 Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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