STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION SEP 25 O] AGENCY FOR DEPART MEAT HEALTH CARE ADMINISTRATION, “_ Petitioner, v. AHCA NO. 10-01-052-NH fom] PINEHURST (BEVERLY ENTERPRISES FLORIDA, INC., So d/b/a PINEHURST REHAB & SPECIALTY CARE CENTER. a Mi 3 Respondent. / g A PETITION FOR FORMAL ADMINISTRATIVE HEARING So x =~ Pinehurst (Beverly Enterprises Florida, Inc., d/b/a Pinehurst Rehab & Specialty Care Center, (“P:nehurst”) requests a formal hearing pursuant to §§ 120.569 and 120.57 (1), Florida Statutes and Chapter 28-106, Florida Administrative Code, and says as follows: 1. Petitioner, AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA”) is the agency responsible for regulating nursing homes pursuant to Chapter 400, Florida Statutes. 2. Respondent, Pinehurst, is the licensee of a nursing home in Pompano Beach, Florida, whose address for purposes of this proceeding is that of undersigned counsel. 3. Pinehurst received the attached Amended Administrative Complaint from ABCA alleging violations of minimum nursing home licensure standards, and i imposing a fine in the amount of $1000.00 for those violations. The case number is that reflected in te style abgve. 4, The Amended. Administrative Complaint alleges that AHCA conducted a gurvey of Pinehurst ¢ on April 26, 2001 and identified a violation of Title 42, CF.R., ea. 60(a) and Rule 59A-4.1283, Florida Administrative Code that had been previously identified in in a survey of Pinehurst on March 14, 2000. The Amended Administrative Complaint imposes a $1000|00 fine therefore. TLH1\HEALTH\47286.1 10967/0320 DHS 9/24/01 5. AHCA previously issued an Administrative Complaint with the same number, which is presumably replaced with this Amended Administrative Complaint. Pinehurst filed a Petition challenging the original Administrative Complaint on August 16, 2001, which, to Pinchurst’s knowledge, has not yet been referred to the Division of Administrative Hearings. 6. Pinehurst disputes the allegations set forth in the Amended Administrative Complaint, and disputes that there is justification for imposition of the fine in law or in fact. 7. Pinehurst also alleges that the imposition of these fines is impermissible as there is no rule setting forth any standards to be used to determine the amount of a fine. These fines are therefore based on illegal non-rule policy. Setting the amounts of the fines without use of any identifiable standard makes their imposition arbitrary and capricious. WHEREFORE, Pinehurst requests that the AHCA forward this matter to the Division of ‘Administrarive Hearings for appointment of an Administrative Law Judge and that a | formal administrative hearing be held pursuant to Section 120.57(1), Florida Statutes and that an order be en:ered dismissing the Amended Administrative Complaint. Respectfully Submitted, Don az N c Ob h nn DONNA H. STINSON Florida Bar No. 0181261 BROAD and CASSEL 215 S. Monroe St., Ste. 400 P.O. Drawer 11300 Tallahassee, FL 32302 (850) 681-6810 TLH1\HEALTH\47286.1 40967/0320 DHS 9/24/01 CERTIFICATE OF SERVICE [hereby certify that a true and correct copy of the foregoing instrument has been furnished via first class mail to Alba Rodriguez, Esquire, Agency for Health Care Administration, 8355 N.W. 53" Street, First Floor, Miami, Florida 33166, this 2° 1h of September, 2001. Attorney TLH1N\HEALTH\47286.1 40967/0320 DHS 9/24/01

Docket for Case No: 01-004213