Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: WAKULLA MANOR
Judges: ELLA JANE P. DAVIS
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: May 11, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 8, 2000.
Latest Update: Dec. 25, 2024
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STATE OF FLORIDA rc i” aad DP
AGENCY FOR HEALTH CARE ADMINISTRATION § tf 401
STATE OF FLORIDA, AGENCY FOR . OO MAY TL AMID: 5g
HEALTH CARE ADMINISTRATION, - DNISION F
ADMINISTRA ye
Petitioner, . HEARINGS |
¥S. : AHCA NO: 02-00-011-NH
WAKULLA MANOR, 00-/ 9 6 b
Respondent. ,
/
ADMINISTRATIVE COMPLAINT
7
YOU ARE HEREBY NOTIFIED that after twenty-one (21) days from receipt of
this Complaint, the State of Florida, Agency for Health Care Administration (“Agency”)
intends to impose an administrative fine in the amount of $4,500.00 upon Wakulla
Manor. As grounds for the imposition of this administrative fine, the Agency alleges as
follows:
1. The Agency has jurisdiction over the Respondent pursuant to Chapter 400
Part II, Florida Statutes.
2. . Respondent, Wakulla Manor, is licensed by the Agency to operate a
nursing home at 4679 Crawfordville Highway, Crawfordville, Florida 32326 and is
obligated to operate the nursing home in compliance with Chapter 400 Part II, Florida
Statutes, and Rule 59A-4, Florida Administrative Code.
3. A recertification survey was conducted from December 20-23, 1999 by
the Agency’s Area 2 Office. During this survey, nine (9) Class III deficiencies were
cited.
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3A. Pursuant to 42 CFR §483.15(h)(1), the facility must provide a safe, clean,
comfortable and homelike environment, allowing the resident to use his or her personal
belongings to the extent possible. This requirement was not met as evidenced by the
following observations:
3B.
(1) At the group interview all cognitively intact residents indicated water
temperatures to be too cold.
(2) Surveyor observations during the survey revealed hot water
temperatures as follows:
Room 101 was 94F
Room 108 was 94F
Room 115-was 95F
Room 128 was 94F.
(3) Based on resident interviews and surveyor observations, it was
determined that the facility violated Rule 59A-4.130(2)(a), F.A.C., for
again failing to maintain water temperatures in resident’s rooms and in
bathing rooms that were warm enough for residents.
Pursuant to 42 CFR §483.70(f), the nurses’ station must be equipped to
receive resident calls through a communication system from resident rooms, and toilet
and bathing facilities. This requirement was not met as evidenced by the following
observations:
(1) The nurse calls in rooms 108 bed 4, 110 bed 1, and rooms 128, 131,
136 and 153 did not activate the nurse system when the nurse call button
was depressed.
(2) On December 20, 1999 at 11:20 a.m., the bathroom with entrance off
of the hallway by nurse’s station #2 was unlocked, giving access to
residents, with no nurse call system installed.
(3) _ Based on surveyor observations, it was determined that the facility
violated Rule 59A-4.1288, F.A.C., for failing to equip the nursing stations
to receive resident calls from all areas of the facility.
3c. pursue to National Fire Protection association (NEPA) 101 Standard,
Life Safety Code 31-4.1.1, there is in effect and available to all supervisory personnel,
written copies of a plan for the protection of all persons in the event of fire and for their
evacuation to areas of refuge and from the building when necessary. This requirement
was not met as evidenced by the following observations:
(1) The facility did not have an approved fire/disaster plan in place for
training of staff.
(a) The plan was submitted on several occasions with the
Wakulla County Sheriffs Office and on each occasion, the
representative of the Sheriff's office has requested correction to be
made to the plan. .
(b) The last request was made by the Wakulla County Sheriff's
Office on May 19th, 1999, requesting current/updated transfer
agreements, current staff call-out, water supply issues and
generator issues. This request has not been addressed by statement
given to the surveyor at the time of survey on December 20, 1999,
(2) Based on record review, it was determined that the facility violated
Rule 59A-4.1288, F.A.C. and NFPA Life Safety Code 31-4.1.1, for failing
to have an approved fire/disaster plan that would enable the staff to be
trained to perform life safety measures in the event of a fire or emergency
situations, endangering the occupants of the facility.
3D. Pursuant to National Fire Protection Association (NFPA) 101 Standard, Life
Safety Code 31-4.1.3, fire drills are to be held at unexpected times under varying
conditions, at least quarterly on each shift. The staff shall be familiar with procedures
and shall be aware that drills are part of the established routine. Responsibility for
planning and conducting drills shall be assigned only to competent persons who are
qualified to exercise leadership. Where drills are conducted between 9 p.m. and 6 a.m., a
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coded announcement may be used instead of audible alarms. This requirement was not
met as evidenced by the following observations:
3E.
(1)
The facility had not recorded and performed all fire drills on each
shift for each quarter within the past year, December 1998 through the
date of the survey, December 20, 1999.
(2)
(a) The 7 to 3 shift had only documented fire drills for
September 25, 1999, October 22, 1999, November 1, 1999,
November 30, 1999 and December 20, 1999.
(b) The 3 to 11 shift had only documented one fire drill for the
year September 22, 1999.
(c) The 11 to 7 shift had only documented fire drills for
September.10, 1999, November 03, 1999 and December 03, 1999.
(d) The facility did not have an approved fire plan in place to
train personnel in the event of a fire, and there was no staff
member assigned to conduct the fire drills.
Based on record review, it was determined that the facility violated
Rule 59A-4.1288, F.A.C. and Life Safety Code 31-4.1.3, for failing to
have a trained ’staff member to perform life safety measures in the event of
a fire, endangering the occupants of the facility.
Pursuant to National Fire Protection Association (NFPA) 101 Standard,
Life Safety Codes 13-3.4.2, 13-3.4.3 and 13-3.4.4, a fire alarm system, not a presignal
type, with approved component devices or equipments shall be installed to provide
effective warning of fire in any part of the building. Pull stations in patient sleeping areas
may be omitted at exits if located at all nurse’s stations, are visible and continuously
accessible and travel distances of 7-6.2.4 are not exceeded. Required sprinklers,
detectors, etc. are arranged to activate the fire alarm system and operate devices such as
dampers, door holders, etc. Fixed extinguishment protective systems protecting
commercial cooking equipment in kitchens, protected by a complete automatic sprinkler
system, need not initiate the building fire alarm system. The fire alarm system is
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connected to automatically transmit an alarm to summon the local fire department. This
requirement was not met as evidenced by the following observations:
3F.
(1) The dialer for the fire alarm panel to the central station had only
one phone line with jumpers to the second phone line position for the
facility burglar alarm to keep it from going into trouble/phone line failure.
Actuation of the fire alarm only responded as a burglar alarm at the central
station.
(2) Based on observation, it was determined that the facility violated
Rule 59A-4.1288, F.A.C. and NFPA Life Safety Codes 13-3.4.2, 13-3.4.3
and 13-3.4.4, for failing to comply with NFPA 72 4-3.3.2.2, in the event of
a failure of equipment at a station or the communication Channel to a
central station, a backup line shall operate within 90 seconds. This
deficiency would impede in the facility’s ability to notify the proper
emergency forces,in the event of a fire, endangering occupants of the
facility. :
Pursuant to National Fire Protection Association (NFPA) 101 Standard,
Life Safety Code 31-1.3, the fire alarm system shall be tested monthly. This requirement
was not met as evidenced by the following observations:
3G.
(1) The facility did not have written documentation of monthly fire
alarm testing from December 1998 through the date of the survey,
December 20, 1999. In an interview, the Maintenance Director stated he
was not aware of the requirement of the monthly fire alarm test.
(2) Based on record review and interview, it was determined that the
facility violated Rule 59A-4.1288, F.A.C. and NFPA Life Safety Code 31-
1.3, for failing to test the fire alarm system monthly.
Pursuant to National Fire Protection Association (NFPA) 101 Standard,
Life Safety Code 13-3.5.1, there shall be an automatic sprinkler system of a standard
approved type to provide complete coverage for all portions of the facility. This
requirement was not met as evidenced by the following observations:
(1) _ The facility has not conducted and recorded all quarterly fire
sprinkler testing from December 1999 through the date of survey,
December 20, 1999. The only documented quarterly testing was for June
30, 1999 and September 30, 1999.
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(2) Based on record review, it was determined that the facility violated
Rule 59A-4.1288, F.A.C. and Life Safety Code 13-3.5.1, for the lack of
testing could leave the fire ‘sprinkler system unreliable during the event of
a fire, endangering occupants of the facility.
3H. Pursuant to National Fire Protection Association (NFPA) 101 Standard,
Life Safety Code 13-3.2.4, the design, installation and use of commercial cooking
equipment shall meet the requirements of NFPA 96 (Standard for the Installation of
Equipment for the Removal of Smoke and Grease-Laden Vapors from Commercial
Cooking Equipment). Pursuant to NFPA 96-8-2.1, six month service testing shall be
required for the fire suppression system. These requirements were not met as evidenced
by the following observations:
(1) The facility is using vegetable fat in their deep fat fryer on the
cooking line under the dry chemical pre-engineered fire suppression
system within the kitchen. HCFA and Underwriters Lab have determined
that. any facility using vegetable fat in their deep fat fryers shall have an
approved wet agent pre-engineered fire suppression system installed for
protection of the cooking equipment on the cooking line within the
kitchen, or do not use vegetable fat, or do not use do deep fat frying.
(2) The facility did not have documentation of all testing for the fire
suppression for the kitchen fire suppression system. The system was
tested in December 1998 and then in November 1999.
(3) Based on observation and record review, it was determined that the
facility violated Rule 59A-4.1288, F.A.C. and NFPA Life Safety Codes
13-3.2.4 and 96-8-2.1, for failing to install the correct commercial
cooking equipment that meets the requirements of NFPA 96 and for the
lack of testing of the fire suppression system.
31. Pursuant to National Fire Protection Association (NFPA) 101 Standard,
Life Safety Code 70 500-5, electrical equipment shall not be in close proximity of
flammable gases or vapors. Division II electrical equipment shall not be within 15 feet of
flammable gases or vapors. This requirement was not met as evidenced by the following
observations:
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(1) The LP gas feed water heater’s point of exchange of flammable
gases and vapors are within 15 feet of the main electrical panels located in
the service room where both electrical panels and LP gas feed water
heaters are installed.
(a) This condition could cause an explosion in this service
room, endangering the occupants of the facility.
(2) Pursuant to NFPA Life Safety Code 70 400-8, extension cords or
cables shall not be used as (1) a substitute for fixed wiring of a structure,
(2) run through holes in walls, ceiling, or floors, (3) run through
doorways, windows, or similar openings, (4) attach to building surfaces,
(5) concealed behind buildings walls, ceilings, or floors, or (6) where
installed in raceways. ,
(a) In the east dining room/dayroom there was an electrical
cord running between the ceiling tile and the grid of the ceiling
tile into the crawl space above the ceiling tile.
(b) The cord could chaff and then energize the metal grid and
/or cause a fire to the combustible ceiling tile, endangering
occupants of the facility.
(3) Pursuant to NFPA 110 6-3.4 , 6-4.1 and 6-4.2, a written record of
inspection, tests, exercising, operation, and repairs shall be maintained on
the premises. Level 1 generators shall be inspected weekly and exercised
under load at intervals of not more than 30 days. Level 1 generators shall
be tested under operating temperature conditions and at a capacity not less
than fifty percent of total connection load at least once a month for a
minimum of thirty minutes.
(a) The facility did not have written documentation of the
monthly load testing from December 1998 through September
1999. The facility did not have written documentation of an
annual load bank and transfer switch test from December 1998
through the date of the survey, December 20, 1999.
(b) The lack of testing could leave the generator unreliable in
the event of an emergency, endangering the occupants of the
facility.
(4) Based on observation and record review, it was determined that the
facility violated Rule 59A-4.1288, F.A.C., NFPA Life Safety Codes 70
500-5, 70 400-8, 110 6-3.4, 6-4.1 and 6-4.2, endangering the occupants of
the facility.
4. On san 24, 2000, a survey team from the aency’s Area 2 Office
conducted a follow-up to the Life Safety Code portion of the recertification survey.
During this survey, nine (9) Class III deficiencies were cited.
4A. Pursuant to 42 CFR §483.15(h)(1), the facility must provide a safe, clean,
comfortable and homelike environment, allowing the resident to use his or her personal
“belongings to the extent possible. This requirement was not met as evidenced by the
following observations:
(1) ‘Surveyor observations of water temperatures that were taken at
3:30 p.m. revealed the following: no hot water in the bathtubs or
whirlpools in the three shower rooms.
(a) The water temperature from the showers in shower rooms
#1 and #2 was 90 degrees. The temperature of the water in shower
room #3 was 100 degrees.
(2) ‘Three individual resident interviews conducted from 4 p.m.-4:15
p.m. revealed that they prefer having baths rather than showers. Staff
interviews revealed that no residents are bathed in the bathtubs.
(3) One resident interview indicated that her shower is cold. Several
other residents indicated that the water is hot enough or at least warmer
now, but it has been cold in the past.
(4) The following resident rooms had water temperatures that were out
of the 105-115 degree range (the acceptable range indicated on the
facility's plan of correction):
Room 101-100 degrees
Room 108-104 degrees
Room 115-104 degrees
Room 128-104 degrees
(5) Based on resident interviews and surveyor observations, it was
determined that the facility violated Rule 59A-4.1288, F.A.C., for failing
to maintain water temperatures in resident’s rooms and in bathing rooms
that were warm enough for residents.
4B.
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Pursuant to 42 CFR §483.70(f), the nurses’ station must be equipped to
receive resident calls through a communication system from resident rooms, and toilet
and bathing facilities. This requirement was not met as evidenced by the following
observations:
4c.
(1) The nurse calls in rooms 108 bed 4, 110 bed 1, 131 bed 2 and 136
bed 1, did not activate the nurse system when the nurse call button was
depressed.
(2) Based on surveyor observations, it was determined that the facility
violated Rule 59A-4.1288, F.A.C., for again failing to equip the nursing
stations to receive resident calls from all areas of the facility.
Pursuant to National Fire Protection Association (NFPA) 101 Standard,
Life Safety Code 31-4.1.1, there is in effect and available to all supervisory personnel,
written copies of a plan for the protection of all persons in the event of fire and for their
evacuation to areas of refuge and from the building when necessary. This requirement
was not met as evidenced by the following observations:
(1) On the date of the follow-up survey, the facility has not received
the approval from Wakulla County Sheriff’s Office for the Disaster Plan.
(2) The facility did not have an approved fire/disaster plan in place for’
training of staff.
(a) The plan was submitted on several occasions with the
Wakulla County Sheriff's Office and on each occasion, the
representative of the Sheriff's office has requested correction to be
made to the plan.
(b) The last request was made by the Wakulla County Sheriff's
Office on May 19th, 1999, requesting current/updated transfer
- agreements, current staff call-out, water supply issues and
generator issues. This request has not been addressed by statement
given to the surveyor at the time of survey on December 20, 1999.
(3) Based on record review, it was determined that the facility violated
Rule 59A-4.1288, F.A.C. and NFPA Life Safety Code 31-4.1.1, for failing
to have an approved fire/disaster plan that would enable the staff to be
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trained to perform life safety measures in the event of a fire or emergency
situations, endangering the occupants of the facility.
4D. Pursuant to National Fire Protection Association (NFPA) 101 Standard,
Life Safety Code 31-4.1.3, fire drills are to be held at unexpected times under varying
conditions, at least quarterly on each shift. The staff shall be familiar with procedures
and shall be aware that drills are part of the established routine. Responsibility for
planning and conducting drills shall be assigned only to competent persons who are
qualified to exercise leadership. Where drills are conducted between 9 p.m. and 6 a.m., a
coded announcement may be used instead of audible alarms. This requirement was not
met as.evidenced by the following ‘observations:
(1) | As of the follow-up date, the facility is still without an approved
fire plan for training. The facility has assigned the Maintenance Director
to conduct the fire drills. The Maintenance Director was unavailable to
question his knowledge in conducting the fire drills.
(2) The facility had not recorded and performed all fire drills on each
shift for each quarter within the past year, December 1998 through the
date of the survey of December 20, 1999.
(a) The 7 to 3 shift had only documented fire drills for
September 25, 1999, October 22, 1999, November 1, 1999,
November 30, 1999 and December 20, 1999. :
’ (b+) = The 3 to 11 shift had only documented one fire drill for the
year, September 22, 1999.
(c) The 11 to 7 shift had only documented fire drills for
September 10, 1999, November 03, 1999 and December 03, 1999.
(d) ‘The facility did not have an approved fire plan in place to
train personnel in the event of a fire, which would leave the staff
member assigned to conduct the fire drills, untrained to perform
life safety measures in the event of a fire, endangering the
occupants of the facility.
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(3) Based on record review, it was determined that the facility violated
Rule 59A-4.1288, F.A.C. and Life Safety Code 31-4.1.3, for again failing
to have a trained staff member to perform life safety measures in the event
of a fire, endangering the occupants of the facility.
4E. Pursuant to National Fire Protection Association (NFPA) 101 Standard,
Life Safety Codes 13-3.4.2, 13-3.4.3 and 13-3.4.4, a fire alarm system, not a presignal
type, with approved component devices or equipments shall be installed to provide
effective warning of fire in any part of the building. Pull stations in patient sleeping areas
may be omitted at exits if located at all nurses stations, are visible and continuously
accessible and travel distances of 7-6.2.4 are not exceeded. Required sprinklers,
detectors, etc. are arranged to activate the fire alarm system and operate devices such as
dampers, door holders, etc. Fixed extinguishment protective systems protecting
commercial cooking equipment in kitchens, protected by a complete automatic sprinkler
system, need not initiate the building fire alarm system. The fire alarm system is
connected to automatically transmit an alarm to summon the local fire department. This
requirement was not met as evidenced by the following observations:
(1) The facility still has failed to show this surveyor that they have
phone lines to be used to call central station in the event of a fire, and that
central would receive the signal as a fire signal and not a burglar alarm
signal.
(2) The dialer for the fire alarm panel to the central station had only
one phone line with jumpers to the second phone line position for the
facility burglar alarm to keep it from going into trouble/phone line failure.
Actuation of the fire alarm only responded as a burglar alarm at the central
station.
(3) Based on observation, it was determined that the facility violated
Rule 59A-4.1288, F.A.C. and NFPA Life Safety Codes 13-3.4.2, 13-3.4.3
and 13-3.4.4, for failing to comply with NFPA 72 4-3.3.2.2, in the event of
a failure of equipment at a station or the communication Channel to a
central station, a backup line shall operate within 90 seconds. This
deficiency would impede in the facility’s ability to notify the proper
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4F.
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emergency forces in the event of a fire, endangering occupants of the
facility.
Pursuant to National Fire Protection Association (NFPA) 101 Standard,
Life Safety Code 31-1.3, the fire alarm system shall be tested monthly. This requirement
was not met as evidenced by the following observations:
4G.
(1) — On the date of the follow-up survey, the facility was unable to
show this surveyor that the monthly fire alarm test was conducted. The
Maintenance Director was unavailable to question his knowledge in
conducting the fire alarm test.
(2) The facility did not have written documentation of monthly fire
alarm testing from December 1998 through the date of the survey on
December 20, 1999. In a previous interview, the Maintenance Director
stated he was not aware of the requirement of the monthly fire alarm test.
(3) Based on record review and interview, it was determined that the
facility violated Rule 59A-4.1288, F.A.C. and NFPA Life Safety Code 31-
1.3, for failing to test the fire alarm system monthly.
Pursuant to National Fire Protection Association (NFPA) 101 Standard,
Life Safety Code 13-3.5.1, there shall be an automatic sprinkler system of a standard
approved type to provide complete coverage for all portions of the facility. This
requirement was not met as evidenced by the following observations:
(1) On the date of the follow-up survey, the facility did not produce
records that the quarterly fire sprinkler testing had been conducted.
(2) The facility has not conducted and recorded all quarterly fire
sprinkler testing from December 1999 through the date of survey on
December 20, 1999. The only documented quarterly testing was for June
30, 1999 and September 30, 1999.
(3) Based on record review, it was determined that the facility violated
Rule 59A-4.1288, F.A.C. and Life Safety Code 13-3.5.1, for the lack of
testing the fire sprinkler system, which could leave the fire sprinkler
unreliable during the event of a fire, endangering occupants of the facility.
12
4H.
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Pursuant to National Fire Protection Association (NFPA) 101 Standard,
Life Safety Code 13-3.2.4, the design, installation and use of commercial cooking
equipment shall meet the requirements of NFPA 96 (Standard for the Installation of
Equipment for the Removal of Smoke and Grease-Laden Vapors from Commercial
Cooking Equipment). This requirement was not met as evidenced by the following |
observations:
41.
qd On the date of the survey, the facility still had a dry chemical fire
suppression system in its cooking line and the oil being used for cooking
was still vegetable oil/fat.
(2) The facility is using vegetable fat in their deep fat fryer on the
cooking line under the dry chemical pre-engineered fire suppression
system within the kitchen. HCFA and Underwriters Lab have determined
that any facility using vegetable fat in their deep fat fryers shall have an
approved wet agent pre-engineered fire suppression system installed for
protection of the cooking equipment on the cooking line within the
kitchen.
(3) This condition would impede the suppression of a fire on the
cooking line, endangering occupants of the facility.
(4) Based on observation and record review, it was determined that the
facility violated Rule 59A-4.1288, F.A.C. and NFPA Life Safety Codes
13-3.2.4 and 96-8-2.1, for failing to install the correct commercial
cooking equipment that meets the requirements of NFPA 96.
Pursuant to National Fire Protection Association (NFPA) 101 Standard,
Life Safety Code 70 500-5, electrical equipment shall not be in close proximity of
flammable gases or vapors. Division II electrical equipment shall not be within 15 feet of
flammable gases or vapors. This requirement was not met as evidenced by the following
observations:
(1) The LP gas feed water heater’s point of exchange of flammable
gases and vapors are within 15 feet of the main electrical panels located in
the service room where both electrical panels and LP gas feed water
heaters are installed.
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(a) This condition could cause an explosion in this service
room, endangering the occupants of the facility.
(b) The wall that was removed to allow for the new water
heater, has not been reconstructed.
(2) Pursuant to NFPA Life Safety Code 70 400-8, extension cords or
cables shall not be used as (1) a substitute for fixed wiring of a structure,
(2) run through holes in walls, ceiling, or floors, (3) run through
doorways, windows, or similar openings, (4) attach to building surfaces,
(5) concealed behind buildings walls, ceilings, or floors, or (6) where
installed in raceways.
(a) In the east dining room/dayroom there was an electrical
cord running between the ceiling tile and the grid of the ceiling
tile into the crawl space above the ceiling tile.
(b) The cord could chaff and then energize the metal grid and
/or cause a fire to the combustible ceiling tile, endangering
occupants of the facility.
(c) On the date of the follow-up survey, the electrical wire was
still in its original place as the date of the December survey.’
(G3) Pursuant to NFPA 110 6-3.4,, 6-4.1 and 6-4.2, a written record of
inspection, tests, exercising, operation, and repairs shall be maintained on
the premises. Level 1 generators shall be inspected weekly and exercised
under load at intervals of not more than 30 days. Level 1 generators shall
be tested under operating temperature conditions and at a capacity not less
than fifty percent of total connection load at least once a month for a
minimum of thirty minutes.
(a) The facility did not have written documentation of the
monthly load testing from December 1998 through September
1999. The facility did not have written documentation of an
annual load bank and transfer switch test from December 1998
through the date of the survey on December 20, 1999.
(b) The lack of testing could leave the generator unreliable in
the event of an emergency, endangering the occupants of the
facility. :
(4) Based on observation and record review, it was determined that the
facility violated Rule 59A-4.1288, F.A.C., NFPA Life Safety Codes 70
500-5, 70 400-8, 110 6-3.4, 6-4.1 and 6-4.2, and failed to correct these
deficiencies, endangering the occupants of the facility.
14
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5. Based on the foregoing, Wakulla Manor violated Rule 59A-4.1288,
F.A.C., which states that nursing homes that participate in Title XVIII or XIX must
follow certification rules and regulations found in 42 CFR 483, Requirements for Long
Term Care Facilities, September 26, 1991.
6. Based on the foregoing, Wakulla Manor has also violated the following:
(a) Tag K048 incorporates NFPA Life Safety Code 31-4.1.1
(b) | Tag K050 incorporates NFPA Life Safety Code 31-4.1.3
(c) Tag-K05lincorporates NFPA Life Safety Codes 13-3.4.2, 13-3.4.3
and 13-3.44
(d) Tag K052 incorporates NFPA Life Safety Code 31-1.3
(e) Tag K056 incorporates NFPA Life Safety Code 13-3.5.1
(f) Tag K069 incorporates NFPA Life Safety Code 13-3.2.4
(g) | Tag K130 incorporates NFPA Life Safety Codes 70 500-5,
70 400-8, 110 6-3.4,, 6-4.1 and 6-4.2
7. The above referenced violations constitute grounds to levy this civil
penalty pursuant to Section 4uu.23(d) and Section 4UU. i021 )(aj(d), riorlua Suaiuies, and
Rule 59A-4.1288, Florida Administrative Code, in that the above referenced conduct of
Respondent constitutes a violation of the minimum standards, rules, and regulations for
the operation of a Nursing Home.
NOTICE
Respondent is notified that it has a right to request an administrative hearing
pursuant to Section 120.57, Florida Statutes, to be represented by counsel (at its expense),
to take testimony, to call or cross-examine witnesses, to have subpoenas and/or
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subpoenas duces tecum issued, and to present written evidence or argument if it requests
a hearing.
In order to obtain a formal proceeding under Section 120.57(1), Florida Statutes,
Respondent’s request must state which issues of material fact are disputed. Failure to
dispute material issues of fact in the request for a hearing, may be treated by the Agency
as an election by Respondent for an informal proceeding under Section 120.57(2), Florida
Statutes. All requests for hearing should be made to the Agency for Health Care
Administration, Attention: R.S. Power, Agency Clerk, Senior Attorney, 2727 Mahan
Drive, Building 3, Tallahassee,” Florida 32308-5403, with a copy to Christine T.
Messana, Esquire. .
All payment of fines should be made by check, cashier’s check, or money order
and payable to the Agency for Health Care Administration. All checks, cashier’s checks,
and money orders should identify the AHCA number and facility name that is referenced
on page 1 of this complaint. All payment of fines should be sent to the Agency for
Health Care Administration, Attention: Christine T. Messana, Staff Attorney, General
Counsel’s Office, 2727 Mahan Drive, Building 3, Tallahassee, Florida 32308-5403.
RESPONDENT IS FURTHER NOTIFIED THAT THE FAILURE TO
REQUEST A HEARING WITHIN 21 DAYS OF RECEIPT OF THIS
COMPLAINT WILL RESULT IN AN ADMISSION OF THE FACTS ALLEGED
IN THE COMPLAINT AND THE ENTRY OF A FINAL ORDER BY THE
AGENCY.
U
WY
Issued this ve of Q& la) an \ , 2000.
m™ Heiberg (
Supervisor, Area 2
- Agency for Health Care Administration
Health Quality Assurance
2639 North Monroe Street, Suite 208
Tallahassee, Florida 32303
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the original complaint was sent by U.S. Mail, Return
Receipt Requested, to: Administrator, Wakulla Manor, 4679 Crawfordville Highway,
Crawfordville, Florida 32326 on this S-€tday of Any . ) , 2000.
Copies furnished to:
Christine T. Messana
Staff Attorney
Agency for Health Care
Administration ;
2727 Mahan Drive, Building 3
Tallahassee, Florida 32308-5403
Pete J. Buigas, Deputy Director
Managed Care and Health Quality
Agency for Health Care Administration
2727 Mahan Drive, Building 1
Tallahassee, Florida 32308-5403
Lt
Christine T. Messana, Esquire
Office of the General Counsel
Donah Heiberg, Area 2 Office
Gloria Collins, Finance & Accounting
17
Docket for Case No: 00-001966
Issue Date |
Proceedings |
Jan. 04, 2001 |
Stipulation and Settlement Agreement filed.
|
Jan. 04, 2001 |
Final Order filed.
|
Dec. 08, 2000 |
Order Closing File issued. CASE CLOSED.
|
Dec. 06, 2000 |
Agreed Motion for Remand filed.
|
Nov. 13, 2000 |
Order Continuing Case in Abeyance issued (parties to advise status by December 6, 2000).
|
Nov. 03, 2000 |
Status Report and Response to Order Granting Continuance filed by Respondent.
|
Oct. 26, 2000 |
Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by November 3, 2000).
|
Oct. 25, 2000 |
Agreed Motion for Continuance filed.
|
Aug. 04, 2000 |
Order of Pre-hearing Instructions issued.
|
Aug. 04, 2000 |
Notice of Hearing issued. (hearing set for October 30, 2000; 9:30 a.m.; Tallahassee, FL)
|
Aug. 04, 2000 |
Agreed Scheduling Order issued (hearing set for 10/30/00)
|
Jul. 26, 2000 |
Ltr. to Judge E. Davis from C. Messana In re: agreement to response. (filed via facsimile)
|
Jul. 24, 2000 |
Response to Initial Order (filed by Respondent via facsimile)
|
May 26, 2000 |
Order sent out. (Consolidated cases are: 00-001244, 00-001494, 00-001966, parties shall confer and advised status in writing by July 24, 2000)
|
May 23, 2000 |
Joint Motion for Extension of Time to Respond to Initial Order filed.
|
May 17, 2000 |
Initial Order issued. |
May 11, 2000 |
Administrative Complaint filed.
|
May 11, 2000 |
Petition for Formal Administrative Proceeding filed.
|
May 11, 2000 |
Notice filed.
|