v FILED STATE OF FLORIDA 10: bb BOARD OF NURSING HOME ADMINISTRATORS 00 MAY 2u A ; , ISION G poMiNistR ay TIVE DEPARTMENT OF HEALTH, HEARING Petitioner, vs. Case No. 98-22101 LAUREN HAWES, ' | - 00-a1bAT Respondent. es 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 LAUREN HAWES, 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 t the authority of Section 20. 43), Florida Statutes, the Ws 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 i issuance of emergency orders of : suspension or restriction. oe oe gee rem Sere eos | | ww | W | 3. Respondent i is and has been at all times material hereto, a licensed i in the NURSING HOME ADMINISTRATOR licensed is in “the State of Florida, having been issued license number NH 0001616. 4. Respondent’s last known address is P.O. Box 5983, Deltona, Fl 32728. 5. At all times material hereto Respondent “was the Nursing Home Administrator at DeSoto Manor Nursing Home (hereinafter DeSoto). 6. On or between October 7 and October 8", 1998 the Agency for Health Care Administration (AHCA) conducted a revisit survey at DeSoto in connection with an annual health survey completed on or about July 30, 1998, 7. The revisit survey conducted during or about October, 1998, the AHCA surveyors observed that residents were neglected. Specifically the surveyors found: (a) that medication for pain was not given in a timely manner; (b) that care was not provided in such a manner as to prevent the occurrence of pressure sores; and (c) resident care plans were not followed. 8. Respondent was responsible for implementing appropriate procedures and training of staff to ensure that the > Facility Provided 1 residents $ with the appropriate care and f followed established | patient c care plans. 9. __ The revisit survey conducted during or about October, 1998, the AHCA Ee: ‘Specifically the surveyors found: @ residents with specific therapeutic diets were not receiving the appropriate types or amounts of food; -@) residents requiring meal time assistance were not receiving the appropriate assistance or utensils to consume their meals; -- surveyors observed that the nutritional needs of residents were not being met. mere Serer emeperreee W Nd (c) that the food preparation staff were inadequately trained on the proper techniques for food handling, preparation and distribution; and (d) that there was a shortage of staff and supplies to meet the dietary needs of residents. 10. Respondent was responsible for implementing appropriate procedures and training of staff to ensure that the nutritional needs of residents were met. 11. Respondent was responsible for ensuring that the facility maintained an appropriate level of staff and supplies to meet the needs of the residents. COUNTI 12. Petitioner Tealleges and i incorporates by reference the allegations i in the foregoing paragraphs as if fully stated herein. 13. 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. _GOUNT COUNT If 45, ~ “Based on the foregoing, the Respondent's license to practice nursing home pline pursuant to Section 468. 1755(1)00, Florida . Statutes, f for repeatedly sting in a manner inconsistent with the health, safety, or welfare of the patients of the facility in . which he or she i is the administrator. “ghey ) =) 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| UtKa ay of Nam - Robert G. Brooks, M.D. Secretary, Department of HéAlth DEPARTMENT OF HEALTH By: Nancy M. Sn DEPUTY CLERK : Chief Attorney CLERK Uehi RBar On Behalf of the Agency for Health Care Administration baTE_2-2/-OD COUNSEL FOR AGENCY: we Christine T. Messana, Attorney (_ - e FL Bar # 015318 Agency for Health Care Administration General Counsel’s Office - MQA Allied Health P.O. Box 14229 Tallahassee, FL 32317 - 4229 (850) 487-2225 CTM/ser PCP: ) DOM: 3frofoo Setacaiit. ashe aesameene meee eee

Docket for Case No: 00-002162