ve lia i a ih ili a lt, a oe STATE OF FLORIDA CO JUN IG PHI2Z:§9 AGENCY FOR HEALTH CARE ADMINISTRATION : ms ; DIVISION OF AGENCY FORHEALTHCARE —— t—(it—i—CCS | ADMINISTRATIVE ADMINISTRATION, OO -2462. HEARINGS Petitioner, - vs ‘AHCA NO. 08-00-07-ALF LOVING HOMECARE CENTER INC. . - PUNTA GORDA-d/b/a LOVING HOME CARE), «- . gee Respondent. : / | ADMINISTRATIVE COMPLAINT = =e == YOU ARE HEREBY NOTIFIED that after twenty-one 21) . days “trom the receipt of this complaint, the Agency intends to impose ‘a fine in the amount ofc one thousand five hundred dollars ($1, 500.00 r upon the Respondent. 7 As grounds for the imposition of this fine, the Agency alleges 2 as s follows: (1) The Agency ‘for Health Care Administration, State ‘of Flotida, has jurisdiction over the Respondent by virtue of the provisions of Chapter 400, Part Ill, Florida Statutes. (2) - The Respondent is is licensed to operate ‘the above named facility at 21000 Midway jou “Charlotte, Florida 33952, as an assisted living __ facility in compliance with Chapter 400, ‘Part tll Florida Statutes and Chapter 58A- 5, Florida ‘Administrative Code. ent has violated | minimum licensure e standards, as . evidenced by the deficiencies set forth below, as found | to exist during the pre- change of ownership survey of March 18, 1998, recited at the May 27, 1998 Oye: Vo uv follow-up, for Tag A 901; and the other tags cited at the complaint investigation survey on November 19, 1998, and recited on the follow-up survey to the complaint investigation on February 8, 1999. The Respondent failed to timely correct the deficiencies as follows: (a) A901 — This Standard is not met as evidenced based'on’ observation of the facility during a tour, the facility. did..not ensure that the interior of the facility is reasonably attractive. The wallpaper in various rooms of the facility was loose and’ ‘seams splitting where two:pieces of wallpaper join each other. This was cited on the Pre-Change of Ownership survey on ‘March 18, 1998, recited on the follow-up survey-on May 27, 1998, and corrected on the second follow-up survey of August 19, 1998. ° oo, ee This deficiency is in violation of Rule 58A-5.022(1)(b}, “Florida Administrative Code. This is a Class Ill-deficiency. Fine — amount: $300.00. . a : (b) A 203 — This Standard is not met as evidenced based on staff interview, the facility either. did not | update. their~ --- Admission/Discharge log or did not Have it available for review. *~ This was cited on the Complaint Investigation on November 19, 1998, and recited on the follow-up survey of February 8, 1999. This deficiency is in violation of Rule 58A-5.024(1)(a), Florida Administrative Code. This is a Class Ill deficiency. Fine - amount: $300.00. Oe So LO ee (c) A 304 - This jidenced based on:staff ‘ Gnterview and resident records reviewed, the facility either did ‘not follow the terms of their contract or did not have the ~ fésidents’ contract ai _ Complaint Investigation of November 19, 1998, and recited on __. the follow-up survey of February 8, 1999. his defic I “i in violation of Rule 58-A-5.024(2) and (b), Florida Administrative Code. This is a Class Ill deficiency. Fine amount: . are $300.00. ~ . . 3 : . (d) A 700 - This Standard is not met as evidenced based on cs resident records reviewed and staff interview, either the facility: ‘did not document any deviations from a resident’s normal functional abilities or did not have the resident's records available for review. This was cited on the Complaint Parrecas Wy Cares Investigation on November 19, 1998, and recited on the follow- up survey on February 8, 1999. This deficiency is in violation of Rule 58A-5.0182(2}(e) and (13), Florida Administrative Code. This is a Class Ill deficiency. Fine amount: $300.00. : : (e)} A 705 - This Standard is not met as ‘evidenced based on resident records reviewed and staff interview, either. the facility violated a resident’s right by discharging them. from the facility and not giving them a 30-day notice for discharge. This was cited at the Complaint Investigation on November 19, 1998, and recited on the follow-up survey of February 8,.1999. ; This deficiency is in violation of Section 400.428(1)(k), . Florida Statutes. This is a Class Ill deficiency. Fine amount: $300.00.. The above referenced violations constitute grounds to levy the ingigated fines pursuant to’ Section 400. 419, Florida Statutes, in that t the ative. reférenced conduct of the respondent constitutes violations of the minimum ‘standards, rules and regulations for the operation of. an Assisted Living Facility. (4) Notice ‘was provided in writing to the respondent of the above violations and a time frame was given for correction. "HEARING RIGHTS AND PROCEDURES (READ CAREFULLY) - IN GENERAL. You have ‘the right to “yequest an administrative hearing “pursuant es, to be > represented “by counsel (at. your examine witnesses, to have subpoena t expense), to take testi ony, to call or cr and subpoena duces tecum issued, and to present written evidence or argument if you request a hearing. The Uniform Rules found at Chapter 59-28-106, Florida Administrative “Code, are ‘the. “Agency's ~ procedural “rules for administrative | proceedings resulting from this complaint. -. MATERIAL ISSUES OF HEARING REQUESTS. A request fora hearing shall be made to the Agency for Health Care Administration, 6800 N. Dale Mabry Highway, Suite 220, Tampa, Florida 33614. Attention: Thomas Caufman, Senior Attorney. An individual owner, corporation, or partnership requesting a hearing must submit a written request signed by the individual owner; a corporate officer” or director; a partner; an attorney; or another person having written authorization to ‘represent the owner, ‘corporation, or partnership. A copy of the authorization must be — submitted with the hearing request. ceo a A request fora | hearing must be in writing and should include. your address, and a telephone number where you may be feached during weekdays. a FORMAL HEARINGS. __ In order to obtain a formal proceeding under Section 120, 57(1), Florida Statutes, the request for an administrative heating:nust Gonform to the requirements in Rule 28- 106. 201, Florida Administrative Code, and must a state which issues of material fact are in dispute. FAILURE ‘To DISPUTE ED A WAIVER OF THE RIGHT TO AF FORMAL HEARING, AND AN ELECTION FOR AN INFORMAL HEARING UND SECTION 120. 5702, FLORIDA § STATUTES. INFORMAL HEARINGS. A request for an informal hearing ‘under Section 120.57(2), Florida Statutes, must conform to the requirements in Rule 28- yi ~~ Sasi a ale ch lnk as ba “administrative law judge. as pr PAYMENT OF FINES. FL 32317-3749. Attention: _ attach the payment fo 1 the las 106.301 , Florida “Administrative Code. . By requesting n informal hearing you agree to the existence of the facts cited in this administrative complaint. At an informal hearirig you ‘will be permitted to present questions of law and any mitigating circumstances you wish the hearing officer to consider; however, no evidence disputing the existence of the violations may be presented. REPRESENTATION BY NON-ATTORNEY. A non-attorney seeking to represent. the owner of a ‘facility in a formal proceeding must be. qualified by the dit in Rule 28- 106. 107, Florida Admi i Code. RESPONDENT Is FURTHER NOTIFIED THAT FAILURE TO FILE A REQUEST FOR, A HEARING WITHIN “TWENTY- ONE (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. | to the Agericy for Health Care Fines shoul _ Administration Finance & Accounting Department, | P.O. Box 13749, Tallahassee, Jim Mitchell To | insure. > proper credit, “you must rs comp. int with your payment, FOR CLARIFICATION AFTER YOu HAVE READ THE COMPLETE ADMINISTRATIVE COMPLAINT, CALL THOMAS CAUFMAN 1 AT (219) a71 7402 or (813) 871-7560. i paren ee cet ear ne “WY oe ® oo rw) | HEREBY CERTIFY that a true copy hereof was sent by U.S. Certified Mail, Return Receipt Requested to, Registered Agent of Loving Home Care Center, Loving HomeCare Center, Inc., 23279 Hainlin Avenue, Punta Gorda, Florida 33980 , on the bs day or Opal) Tis Mennella, Sypervisor . Agency for Health Care Adiinistration- State Regional Service Center _., 2295 Victoria Avenue: Fort Myers, Florida 33901 Copies to: ALF Program Office _ Agency for Health Care Administration Division of Managed Care and Health Quality. , 2727 Mahan Drive, 2" Floor Tallahassee, Florida 32308 - Attni Lynn Quinsey Unit Thomas Caufman Senior Attorney Agency for Health Care Administration ; 6800 N. Dale Mabry Highway, Suite 220 - .. Tampa, Florida 33614 — me 5 Care Center. 31000 Midway Boulevard Port Charlotte, Florida 33952

Docket for Case No: 00-002462

Orders for Case No: 00-002462