se ih dai I in ie eh ia A a li fee ala cote lili Saba, D4- FF? STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, vs. ‘AHCA NO: 08-01-0355-ALF JOANNE PRETTYMAN, d/b/a NEW BEGINNINGS BY JOANNE PRETTYMAN 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 Joanne Prettyman, d/b/a New Beginnings by Joanne Prettyman (hereinafter “Respondent” ) and alleges: NATURE OF THE. ACTION oo 1. fine on New Beginnings by Joanne Prettyman in the amount of one thousand ($1000) , dolla a pursuant 400.414(1) (a) and $30 4190) ial 7 Plorida Statutes; and, ‘a Sections” ietere irr ewe age ee Tee Ty i ie. ee aren i ls i A le i a survey fee in the amount of two hundred fifty ($250) dollars pursuant to Section 400.419(9) Florida Statutes. Jurisdiction And Venue 2. This Court has jurisdiction pursuant to Section 120.569 and 120.57 Florida Statutes and Chapter 28-106 Florida Administrative Code. 3. Venue lies in Lee County, Division of Administrative Hearings, pursuant to 120.57 Florida Statutes, and Chapter 28 Florida Administrative Code. Parties 4, AHCA, Agency for Health Care Administration, State of Florida, is the enforcing authority with regard to assisted living facility licensure law pursuant to Chapter 400, Part IIIf, Florida Statutes and Rules 58A-5, Florida Administrative Code. 5. Respondent, Joanne Prettyman, d/b/a New Beginnings by Joanne Prettyman, is an assisted living facility located at 2885 Janet Drive, Ft. Myers, FL 33907, is and was at all times material hereto, a licensed facility under Chapter 400, Part III, Florida Statutes and Chapter 58A-5, Florida Administrative Code. Se ee a A NN AR AR AN a, i MR NS kfc is i i i i ill ii a ill COUNT I RESPONDENT FAILED TO MAKE EVERY REASONABLE EFFORT TO ENSURE THAT PRESCRIPTIONS FOR RESIDENTS WHO RECEIVES ASSISTANCE WITH SELF-ADMINISTRATION OR MEDICATION ADMINISTRATION ARE REFILLED IN A TIMELY MANNER VIOLATING , 58A-5.0185(7) (f), F.A.C. and 400.4256(3) (f) Fla. Stat. CLASS II DEFICIENCY . 6. AHCA re-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 7. Based upon the Complaint Investigation survey conducted at the facility on November 13, 2001 through November 14, 2001, it was determined that the facility failed to ensure the following medications were refilled in a timely manner for Resident #1, namely: Dilantin 100 mg., Potassium 10 meg. and Furosemide 40 mg. The resident had a seizure at the facility and was taken to the emergency room on 11/10/01. The findings include: a. On 11/13/01, a review of the November Medication Observation Record (MOR) for the resident, revealed the resident had last taken Dilantin, Potassium and Furosemide on 11/07/01. Review of the resident's medications revealed the _ bottles to be empty. a ili a ila at i ia ele a lb A lk tb lcci There was a bottle of Dilantin that had been filled on 11/10/01 and a bottle of Furosemide that had been filled on 11/10/01. . An interview was conducted with the Manager on 11/13/01, who stated he/she had attempted to get the refills for the resident by calling the Family Health Center and a Pharmacy. He/She could not furnish any documentation of the attempts to get the refill prior to 11/10/01. The records of the resident were reviewed at the Family Health Center. There was no documentation that anyone had called in for a refill of any medications since 10/24/01 which was a prescription for Fluoxetine HCL 10 mg. An interview was conducted with the Pharmacist at Edison Pharmacy on 11/13/01. He/she stated they remember a conversation with the Manager, but not the day and there was no record of it. the pharmacist reviewed the record for the resident and stated the last prescription he/she had filled for the résident was in 1999, The Emergency Medical Service report dated 11/10/01, ; was reviewed on 11/13/01. This report stated the resident was picked up at the facility and staff reported the sok hil resident had a "grand-mal" type seizure lasting approximately 15-20 minutes. The emergency room records for the resident were reviewed at SW Florida Regional Medical Center and the emergency room doctor who had treated the resident was interviewed. He/she stated, he/she was concerned the lack of the medication Dilantin caused the seizure. In the notes he/she wrote, " at 1735 the ALF Manager was called and instructed on the importance of taking/administrating the medication as prescribed." Per the notes, prescriptions will be called in to Eckard's and the Manager would pick them up in the P.M. of 11/10/01. 8. The above referenced actions and or inactions, are violations of Rule 58A-5.0185(7) (£) F.A.C., requiring that an assisted living facility to make every reasonable effort to ensure that prescription for residents who receive assistance with self-administration or medication administration are refilled in a timely manner. 9. The above referenced violations constitute the grounds for a Class II deficiency, for which a fine of one thousand . dollars ($1000) is authorized under Sections 400.414(1) (a) and 400.419(1) (b) Florida Statutes. coi i le ek i li a a ; COUNT II ADDITIONAL FEE UNDER SECTION 400.19(9), FLORIDA STATUTES 10. The Respondent has been cited for a Class II deficiency and therefore is subject to a survey fee, equal to the lesser of one half of the facilities biennial license and bed fee or $500 pursuant to Section 400.419(9), Florida Statutes. The Respondent is subject to a survey fee in the amount of $250.00 pursuant to the above-mentioned statute. 11. Notice was provided in writing to the Respondent of each of the above violation(s) and the time frame for correction. WHEREFORE, AHCA intends to impose a fine against the Respondent under Sections 400.414(1) (a) and 400.419(1) (b) Florida Statutes in the amount of one thousand ($1000) dollars, and assess a survey fee pursuant to Section 400.419(9) in the amount of two hundred fifty ($250) dollars. The Respondent is notified that it has a right to request an administrative hearing» pursuant | to Section 120.569, Florida Statutes (2001). Specific ptions for administrative action are set out in’ the attached _ Explanation of Rights (one page) and Election of Rights a a hl i, oceans oe ic ica a. a aii an kk Hi Nt (one page) . All requests for hearing shall be made to the attention of Dennis L. Godfrey, Senior Attorney, Agency for Health Care Administration, 525 Mirror Lake Dr., St. Petersburg, Florida, 33701. 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 submitted,- Wennis L. Godfrey AHCA -— Senior Atto¥ney FBN: 0158100 525 Mirror Lake Drive North, St. Petersburg, Florida 33701 (727) 552-1525 , I HEREBY CERTIFY that a true copy hereof has been sent ‘ by U.S. Certified Mail Return Receipt No. Z 259 496 226 , to New Beginnings by Joanne Prettyman, Inc., through its Registered Agent, Richard WwW. Winesett, 2248 1st Street, Ft Myers, FL 33901, and by U.S. Certified Mail Return Receipt No. Z 259 496 225 , to Joanne Prettyman, Administrator, New Beginnings by Joanne Prettyman, 2885 Janet Drive, Ft. Myers, FL 33907, on the BO aay of December, 2001. Dennis L. Godfrey Copies furnished to: Harold D. Williams Agency for Health Care Administration 2295 Victoria Avenue, #340 Fort Myers, Florida 33901 Gloria Collins Finance & Accounting Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 Wendy Adams Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 ‘ 32/27/2002 15:04 9419953508 NEW BEGINNINGS BY JP tl ANCA lane, ay | PHL Brey Lhe . | re . ° (Fra lagers, G Paacgoe re “ ti bs te : Ao Ren fete bey: we ANCA 06-01-0885 OLE and toe eS ‘ , # 1 ois : ee AROS CR SE i a b fino], ” a, hss, da S ene chsehooff A ate y Hew ght. Hee ned Aarts ‘ Be fate if : Ape! 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Docket for Case No: 02-000953