Sable i ll ek, eae eli eck, Mile li Nl RE a i ek A, i lil ai CR-GU fC STATE OF FLORIDA RECEIVED. CEGAL DEPARTMENT OF HEALTH 032 see. BMP}: Heo. DEPARTMENT OF HEALTH, BOARD OF NURSING HOME ADMINISTRATORS, Petitioner, vs. : Case Number: 2001-05898 PETER SCHOEN, Respondent. ADMINISTRATIVE.COMPLAINT . COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner, and Files this Administrative Complaint before the Board of Nursing Home Administrators against Peter Schoen, hereinafter referred to as “Respondent”, and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of Nursing Home Administration pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 468, Florida Statutes. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards as appropriate including the issuance of'eyhergency orders of suspension or restriction. 2. Respondent is, and has been at all time material hereto, a licensed Nursing Home Administrator in the State of Florida, having be n issued license numbe NHA 3. | Respondent’s last known address is 956 “Mockingbird Land, Plantation, Florida 33324-3441. Seca ALA oi de cise a 4 4. At all times material hereto Respondent was the Nursing Home Administrator at Sunbridge Care and Rehabilitation for Palm Beach (Sunbridge). 5. On February 19-21, 2001, a survey was conducted by the Agency for Health Care Administration (AHCA), at Sunbridge based on the annual Recertification survey. This survey found that the facility was not in substantial compliance with requirements, as set forth ‘on the Form 2567 dated February 21, 2001. The survey contained deficiencies in several categories including: Sa. . The Respondent failed to ensure that resident dignity and respect were maintained. 5b. | The Respondent did not schedule and implement enough activities designed to meet the interests and physical, mental, and psychosocial well-being of each resident, especially the cognitively impaired. 5c. The Respondent failed to ensure that services provided or arranged by the facility must meet professional standards of quality. 5d. | The Respondent did not ensure that Resident(s) who are unable to carry out activities of daily living receive the necessary services to maintain grooming and personal and oral hygiene. Se. The Respondent did not ensure that residents who did not have pressure sores when they entered the facility, did not develop pressure sores while residing in the facility 5f. | The Respondent failed to rovide physician vis provide physician visits every 60-70 days to promote a pattem of care to maintain and or improve the resident’s level of independent functioning and continuity of. care as 1s needed. i ak ili a si i ih A a i 5g. The Respondent failed to verify the qualifications of individuals working in the facility as nurses aides. 6. On or about April 4-6, 2001, the Agency revisited the facility and found that the - / deficiencies in paragraph 5, above, [except for paragraph “”] still existed or were repeated . following the February survey. 7. It is the ultimate responsibility of the Nursing Home Administrator to insure the health safety and welfare of the residents. Based on the numerous deficiencies found by the surveyors, the Respondent was negligent or incompetent in the practice of nursing home administration. 8. Failure to timely correct the deficiencies that were found in the February 2001 survey, by the time of the re-survey in April 2001, shows that the Administrator has repeatedly acted in a manner inconsistent with the health, safety and welfare of the residents, and has breached the standard of care owed to residents. 9. Based on the foregoing, Respondent’s license to practice nursing home administration is subject to discipline pursuant to Section 468.1755 (1)(h), Florida Statutes, for negligence, incompetence, or misconduct in the practice of nursing home administration; Section 468.1755 (1)(), Florida Statutes, for repeatedly acting in a manner inconsistent with the health, safety, or welfare. ofthe patients of the facility in which he or she is the administrator, and Section 468.1755(1)(n) for wilfully or repeatedly violating any of the "provisions of the law, code or rules of the licensing or supervising authority or or agency of the s state e oF politcal subdivision thereof having jurisdiction of the operation and licensing of nurs 2g ‘homes. ree ae vi taille 8a WHEREFORE, Petitioner respectfully requests that 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 An. day of 2002. John O. Agwunobi, MD, MBA Secretary, Department Of Health ancy Snurkowski, Chief On Behalf of Agency for Health Care Administration COUNSEL FOR PETITIONER: yaa Mary Denise O'Brien, Sr. Attorney b Florida Bar 306754 EPARTMENT OF HEALT Agency for Health Care Administration EP Uy CLERK 2727 Mahan Drive CLERK WhiR, Leno Tallahassee, Florida 32308 DATE 3 (850) 922-0004 l Llo2 PCP: Terry Goodman and Mary Goehring DATE: — January 28, 2002

Docket for Case No: 02-000931PL