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
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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.
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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.
|