Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: RITA MACK
Judges: LARRY J. SARTIN
Agency: Agency for Health Care Administration
Locations: West Palm Beach, Florida
Filed: Jun. 27, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 12, 2001.
Latest Update: Dec. 24, 2024
SENDERS RECORD
. STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,
Petitioner,
vs. AHCA NO: 02-01-0112-RM
O1- 200W.
RITA MACK,
Respondent.
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ADMINISTRATIVE COMPLAINT
Petitioner, STATE OF FLORIDA, AGENCY FOR HEALTH CARE
ADMINISTRATION (“Agency”), by and through its undersigned counsel,
files this administrative complaint against Respondent, RITA MACK
(“RESPONDENT”), for violations of Chapter 395, Florida Statutes,
governing risk management licensure. In support thereof, the Agency
states the following:
1. Petitioner is the state agency charged with regulating the
practice of risk management pursuant to Chapter 395, Florida Statutes,
and Rule 59A-10, Florida Administrative Code.
2. RESPONDENT, is and has been at all times material hereto,
a licensed Risk Manager in the State of Florida, having been issued
license number 5500482 on certificate number 2174.
3. RESPONDENT's last known address is 3204 Pin Oak Court,
Palm Beach Gardens, Florida 33410-4494.
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giertified Article Number
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4. At all times material hereto, RESPONDENT was employed by
Palm Beach Gardens Medical Center (“Palm Beach”), located at 3360
Burns Road, Palm Beach Gardens, Florida 33410. The employer
facility’s license number is 4127.
5. The Agency conducted a complaint investigation survey of
Palm Beach on or about April 27, 2000.
6. Pursuant to section 395.0197(5)(a)(1), Florida Statutes, for
purposes of reporting to the Agency, the term "adverse incident" means
an event over which health care personnel could exercise control and
which is associated in whole or in part with medical intervention, rather
than the condition for which such intervention occurred, and which
results in death.
7. Risk Managers are required to report adverse incidents
which result in death occurring in the facility to the Agency within fifteen
(15) calendar days after their occurrence, pursuant to §395.0197(8)(a),
Florida Statutes.
8. The complaint survey revealed that patient S.D. died in the
facility on January 18, 2000, as a result of a surgical incident at Palm
Beach. .
9. 8.D.’s death constituted a reportable event within the
definition in §395.0197(8)(a), Florida Statutes.
10. RESPONDENT did not report the patient’s death to the
Agency until September 26, 2000.
11. Through .- negligence, “incompetence, or misconduct,
RESPONDENT failed to report S.D.’s death to the Agency as required by
§395.0197(8){a), Florida Statutes.
12. Based on the foregoing, RESPONDENT'S license to practice
risk management is subject to discipline pursuant to §395.10975(1) &
(2), Florida Statutes, for violation of §395.0197(8)(a), Florida Statutes, by
failing to report S.D.’s death to the Agency.
13. The Agency intends to issue a final order that imposes one or
more of the following penalties against Respondent's license:
administrative fine not to exceed $2,500 for each count or separate
offense; revocation; suspension; issuance of a reprimand; or probation
for a period of time subject to such conditions as the Agency may specify.
NOTICE
Respondent is notified that she has a right to request an
administrative hearing pursuant to Section 120.57, Florida Statutes, to
be represented by counsel (at her own expense), to take testimony, to call
or cross-examine witnesses, to have subpoenas and/or 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: Sam Power, Agency Clerk, Senior
Attorney, 2727 Mahan Drive, Mail Stop #3, Tallahassee, Florida 32308.
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.
Issued thisc/s tuay of _ MH axl , 2001.
Anna Polk, Manager
Risk Management Unit
Agency for Health Care
Administration
Managed Care & Health Quality
2727 Mahan Drive, Bldg. 1
Tallahassee, Florida 32308
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the original complaint was sent by U.S.
Mail, Return Receipt Requested, to: Rita Mack, 3204 Pin Oak Court,
Palm Beach Gardens, Florida 33410-4494 on this4/s day of
Mest , 2001. . .
Christine T. Messana, Esquire
Docket for Case No: 01-002506PL
Issue Date |
Proceedings |
Mar. 18, 2002 |
Final Order filed.
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Dec. 12, 2001 |
Order Closing File issued. CASE CLOSED.
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Nov. 26, 2001 |
Petitioner`s Notice of Voluntary Dismissal (filed via facsimile).
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Oct. 18, 2001 |
Order Granting Motion for Official Recognition issued.
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Oct. 18, 2001 |
Order Denying Motion to Amend and Serve Complaint issued.
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Sep. 19, 2001 |
Order Concerning Motion to Relinquish Jurisdiction and Denying Petitioner`s Motion to Strike issued.
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Sep. 19, 2001 |
Order Denying Petitioner`s Motion to Relinquish Jurisdiction issued.
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Sep. 18, 2001 |
Response to Motion to Amend filed by Respondent.
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Sep. 14, 2001 |
Petitioner`s Memorandum of Law Supporting AHCA`s Authority to Discipline Licensed Health Care Risk Managers (filed via facsimile).
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Sep. 11, 2001 |
Order Granting Stipulated Motion for Extension of Time issued.
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Sep. 10, 2001 |
Supplemental Memorandum in Support of Respondent`s Motion to Relinquish Jurisdiction filed by Respondent
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Sep. 10, 2001 |
Motion for Official Recognition filed by Respondent
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Sep. 10, 2001 |
Stipulated Motion for Extension of Time to File Additional Argument as to Whether Separate Motions to Relinquish Jurisdiction Should be Granted (filed by Petitioner via facsimile).
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Aug. 31, 2001 |
Order Granting Continuance issued (parties to advise status by September 10, 2001).
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Aug. 30, 2001 |
Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
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Aug. 30, 2001 |
Notice of Cancelling Depositions Duces Tecum, F. Treakle and E. Taylor filed.
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Aug. 20, 2001 |
Notice of Taking Depositions R. Mack filed.
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Aug. 15, 2001 |
Response to Petitioner`s Motion to Strike filed by Respondent
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Aug. 14, 2001 |
Petitioner`s Motion to Strike Respondent`s Response to Petitioner`s Motion to Relinquish Jurisdiction (filed via facsimile).
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Aug. 08, 2001 |
Response to Agency for Health Care Administration Motion to Relinquish Jurisdiction and Reply to Agency Response to Respondent`s Motion to Relinquish filed by Respondent
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Aug. 03, 2001 |
Petitioner`s Response to Respondent`s Motion to Relinquish Jurisdiction (filed via facsimile).
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Jul. 27, 2001 |
Motion to Relinquish Jurisdiction filed by Respondent
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Jul. 26, 2001 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for October 2 and 3, 2001; 9:30 a.m.; West Palm Beach, FL).
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Jul. 25, 2001 |
Motion to Reschedule filed by Respondent
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Jul. 24, 2001 |
Corrected Certificate of Service for Interrogatories & Discovery (filed via facsimile).
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Jul. 24, 2001 |
Notice of Correction to Response to Respondent`s First Request for Production of Documents (filed by Petitioner via facsimile).
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Jul. 24, 2001 |
Response to Respondent`s First Request for Production of Documents (filed by Petitioner via facsimile).
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Jul. 24, 2001 |
Answers to Respondent`s Interrogatories (filed via facsimile).
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Jul. 24, 2001 |
Notice of Providing Answers to Respondent`s First Set of Interrogatories (filed via facsimile).
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Jul. 17, 2001 |
Order Granting Agreed Motion for Continuance of Discovery issued.
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Jul. 17, 2001 |
Order of Pre-hearing Instructions issued.
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Jul. 17, 2001 |
Notice of Hearing issued (hearing set for September 13 and 14, 2001; 9:30 a.m.; West Palm Beach, FL).
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Jul. 13, 2001 |
Agreed Motion for Continuance of Discovery (filed via facsimile).
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Jul. 03, 2001 |
Response to Initial Order filed by Respondent.
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Jun. 28, 2001 |
Initial Order issued.
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Jun. 27, 2001 |
Petition for Formal Administrative Hearing filed.
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Jun. 27, 2001 |
Administrative Complaint filed.
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Jun. 27, 2001 |
Notice (of Agency referral) filed.
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