Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, D/B/A REGENTS PARK OF WINTER PARK
Judges: WILLIAM F. QUATTLEBAUM
Agency: Agency for Health Care Administration
Locations: Orlando, Florida
Filed: Feb. 15, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 1, 2002.
Latest Update: Aug. 25, 2024
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION {2 ;,, yd
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STATE OF FLORIDA on “od
AGENCY FOR HEALTH Abisy:
CARE ADMINISTRATION, H
Petitioner, AHCA NO: 07-01-0145
Vs.
HEALTHCARE AND RETIREMENT
CORPORATION OF AMERICA
D/b/a Regents Park,
Respondent.
/
ADMINISTRATIVE COMPLAINT
COMES NOW the Agency for Health Care Administration
——
(hereinafter “AHCA”), by and through the undersigned
counsel, and files this Administrative Complaint against
HEALTHCARE AND RETIREMENT CORPORATION OF AMERICA d/b/a
REGENTS PARK. (hereinafter “Respondent”) and alleges:
NATURE OF THE ACTION
1. This is an action to impose an administrative
fine in the ‘amount of seventeen thousand five hundred »
dollars ($17,500) dollars pursuant to Section 400.419
Florida Statutes.
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Jurisdiction
2. The Agency has jurisdiction over the Respondent
pursuant to Chapter 400, Part II, Florida Statutes.
3. Venue lies in Orange County, Division of
Administrative Hearings, pursuant to 120.57 Florida
Statutes, and Chapter 28 F.A.C.
Parties
4, AHCA, is the enforcing authority with regard to
nursing home licensure law pursuant to Chapter 400, Part
II, Florida Statutes and Rules 59A-4, Florida
Administrative Code.
5. Respondent, Regents Park, is a nursing home
located at 558 North Semoran Boulevard, Winter Park.
Florida. The facility is licensed under Chapter 400, Part
IT, Florida Statutes and Chapter 59A-4, Florida
Administrative Code.
COUNT I
RESPONDENT FAILED TO ENSURE THAT ALL INCIDENTS INVOLVING
MISTREATMENT, ABUSE OR NEGLECT, INCLUDING INJURIES FROM
UNKNOWN SOURCES WERE THROUGHLY INVESTIGATED AND REPORTED
TO THE APPROPRIATE AGENCIES
59A-4.1288, F.A.C. (adopting by reference 42 CFR
483.13(c) (1) (ii) and § 400.022 (1) (1) or (0)
Fla. Stat. (2001)
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CLASS II DEFICIENCY
6. AHCA re-alleges and incorporates (1) through
(5) as if fully set forth here.
7. During the annual recertification survey
conducted 6/11-6/15/01, it was determined that the facility
failed to ensure that all alleged resident abuse violations
were thoroughly reported to the appropriate agencies for
two (2) of 25 sampled residents and two (2) random sampled
residents.
8. Based on the foregoing, the Respondent violated
Fla. Admin. Code R. 59A-4.1288 adopting by reference 42
C.F.R. 483.13 (c) (1) (ii) (2), (3) and § 400.022 Fla. Stat.
(2001), herein classified as a Class II violation, pursuant
to § 400.23(8) (b)Fla. Stat. (2001). which carries, in this
case, an assessed fine of $2500.
COUNT II
RESPONDENT FAILED TO PROMOTE AND MAINTAIN THE DIGNITY
OF SIX RESIDENTS WHO REQUESTED OR REQUIRED STAFF
ASSISTANCE TO MEET PERSONAL CARE NEEDS
59A-4.1288 F.A.C. (adopting by reference 42 C.F.R.
483.15(a) and § 400.022(1) (1),(n) Fla. Stat. (2001)
CLASS II DEFICIENCY
9. AHCA re-alleges and incorporates (1) through (5)
as if fully set forth herein.
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10. During the annual recertification survey
conducted 6/11-6/15/01, it was determined that the facility
failed to promote and maintain the dignity of three (3)
sampled residents and three random sampled residents who
requested and/or required staff assistance to meet personal
care needs in toileting and eating.
11. Based on the foregoing, Respondent violated Fla.
Admin. Code R. 59A-4.1288 adopting by reference 42 C.F. R.
483.15 (a) and §400.022 Fla. Stat. (2001) herein classified
as a Class II, pursuant to § 400.23(8) (b) Fla. Stat. (2001)
which carries, in this case, an assessed fine of $2500.00.
COUNT III
RESPONDENT FAILED TO PROVIDE NECESSARY TREATMENT AND
SERVICES TO PROMOTE HEALING OF PRESSURE SORES AND PREVENT
NEW PRESSURE SORES FROM DEVELOPING
59A-4.1288 F.A.C. (adopting by reference 42 C.F.R.483.25(c)
AND § 400.022(1) (1) Fla. Stat. (2001)
CLASS II DEFICIENCY
12. AHCA re-alleges and incorporates (1) through (5)
as if fully set forth herein.
13. During the annual recertification survey
conducted 6/11-6/15/01, it was determined that the facility
failed to provide the necessary treatment and services to
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promote healing and prevent new sores from developing for
three (3) of 25 sampled residents.
14. 14. Based on the foregoing, the Respondent has
violated Fla. Admin. Code R. 59A-4.1288 adopting by
reference 42 C.F.R. 483.25 (c) and § 400.022 (1)(1) Fla.
Stat. (2001) herein classified as a Class II, pursuant to §
400.23(8) (b) Fla. Stat. (2001) which carries, in this case,
an assessed fine of $2500.00.
COUNT IV
THE RESPONDENT FAILED TO ENSURE THAT EACH RESIDENT RECEIVED
ADEQUATE SUPERVISION AND ASSISTANCE DEVICES TO PREVENT
FALLS, ACCIDENTS AND/OR PROVIDE INTERVENTIONS TO ENSURE
THEIR SAFETY
59A-4.1288 F.A.C. (adopting by reference 42 C.F.R
483.25(h) (2) and § 400.022(1)(1)) Fla. Stat. (2001)
CLASS II DEFICIENCY
15. AHCA re-alleges and incorporates (1) through (4)
as if fully set forth herein.
16. During the annual recertification survey
conducted 6/11-6/15/01, it was determined that the facility
failed to monitor and provide adequate supervision to
prevent falls and interventions to ensure the safety of the
residents for five (5) of the 25 sampled residents.
17. Based on the foregoing, the Respondent has
violated Fla. Admin. Code R. 59A4.1288 adopting by
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reference 42 C.F.R. 483.25 (h)(2) and § 400.022 (1)(1) Fla.
Stat. (2001). This is a Class II violation, pursuant to §
400.23(8) (ob) Fla. Stat. (2001). A conditional licensure
status means that a facility, due to the presence of a
Class II deficiency can assign a conditional licensure
status.
COUNT V
AS INDICTATED BY DEFICIENCIES SET FORTH IN COUNTS I,
II, III, AND IV, THE RESPONDENT FAILED TO PROVIDE
SUFFICIENT NURSING STAFF AMD RELATED SERVICES TO
ATTAIN OR MAINTAIN THE HIGHEST PRACTICABLE PHYSICAL,
MENTAL AND PSYCHOSOCIAL WELL-BEING OF EACH RESIDENT.
Fla. Admin. Code R. 59A-4.1288 (adopting by reference
42 C.F.R. 483.30(a) (1)&(2)); Fla. Admin. Code R. 59A-
4.108(4) and § 400.022 (1) (1) Fla. Stat. (2001)
CLASS II DEFICIENCY
18. AHCA re-alleges and incorporates (1) through (4)
if fully set forth herein.
19. During the annual recertification survey
conducted 6/11-6/15/01 it was determined that the facility
failed to provide a sufficient number of nursing staff to
ensure that; (1) residents were adequately monitored and
supervised to prevent injury; (2) timely care was provided
to incontinent residents; (3) care and services were
provided to prevent and/or heal pressure ulcers.
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15. 20. Based on the foregoing, Respondent has
violated Fla. Admin. Code R. 59A-4.1288 adopting by
reference 42 C.F.R. 483.30 (a) (1)&(2) ;Fla. Admin. Code R.
59A- 4.108 (4) AND § 400.022(1)(1) Fla. Stat. (2001). This
is a Class II violation, pursuant to § 400.23(8)(b) Fla.
Stat. (2001) which carries, in this case, an assessed fine
of $2500.00.
PRAYER FOR RELIEF
WHEREFORE, AHCA requests this Court to order the following
relief:
A. Make factual and legal findings in favor of the
Agency on Counts I through V; and
B. Recommend an administrative fine of seventeen
thousand five hundred dollars ($17,500) be imposed
against the Respondent for Counts I through V; and
C. Assess costs related to the investigation and
prosecution of the this case pursuant to § 400.121
(10) Fla. Stat. (2001)
D. All other general and equitable relief allowed by
law.
Respondent is notified that it has a right to request
an administrative hearing pursuant to Section 120.569,
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Florida Statutes. Specific options for administrative
action are set out and explained in the attached
Explanation of Rights (one page) and Election of Rights
(one page). All requests for hearing shall be made to the
Agency for Health Care Administration, and delivered to the
Agency for Health Care Administration, 525 Mirror Lake
Drive, St. Petersburg, Florida, 33701; Eileen O'Hara
Garcia, Senior Attorney.
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.
Respectfully submiéted,
Eileen o!
Senior Attorn
Agency for Health Care
Administration
525 Mirror Lake Dr.
St. Petersburg, FL 33701
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Soper ERR re
TREE STR orr Reem re
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing Administrative
Complaint has been furnished by Certified Mail Return
Receipt (Z 170 444 539) to Registered Agent CT Corporation
System, 1200 S. Pine Island Road Plantation, Fl 33324 and by
Regular U.S. Mail to Administrator, 558 North Semoran
Boulevard, Winter Park, Fl 32 this 99taay of Nowember
2001. BLl
Eileen O'Hara Garci
AHCA - Senior Attorney
525 Mirror Lake Drive Suite
St. Petersburg, Fl 33701
Copies furnished to:
Alfred Clark Esq.,
P.O. Box 623
117 South Gadsden St.
Suite 201
Tallahassee, Fl 32301
(fax # 850-224-5222)
Long Term Care Unit
Agency for Health Care Administration
2727 Mahan Drive Mahan Drive
Tallahassee, fl 32308
Area 7 Office
Agency for Health Care Administration
Hurston Tower South
400 W. Robinson Street, $309
Orlando, FL 33701
Finance and Accounting
Agency for Health Care Administration
2727 Mahan Drive Mahan Drive
Tallahassee, Fl 32308
Wendy Adams
Agency for Health Care Administration
2727 Mahan Drive
Tallahassee, Fl 32308
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Docket for Case No: 02-000668
Issue Date |
Proceedings |
Apr. 01, 2002 |
Order Closing File issued. CASE CLOSED.
|
Mar. 28, 2002 |
Joint Motion for Remand filed.
|
Feb. 22, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for April 9 through 12, 2002; 9:00 a.m.; Orlando, FL).
|
Feb. 21, 2002 |
Notice of Deposition (6), J. Barnes, M. Sorenson, J. Cummings, E. Gomez, C. Scott, (2) Activities Personnel (filed via facsimile).
|
Feb. 21, 2002 |
Order of Consolidation issued. (consolidated cases are: 01-003873, 02-000668) |
Feb. 20, 2002 |
Initial Order issued.
|
Feb. 15, 2002 |
Administrative Complaint filed.
|
Feb. 15, 2002 |
Petition for Formal Administrative Proceeding filed.
|
Feb. 15, 2002 |
Notice (of Agency referral) filed.
|