Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: SWEET HOME MANOR, INC., D/B/A SWEET HOME MANOR, INC.
Judges: CAROLYN S. HOLIFIELD
Agency: Agency for Health Care Administration
Locations: Largo, Florida
Filed: Sep. 25, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 6, 2002.
Latest Update: Dec. 24, 2024
Ld- 3770
CERTIFIED ARTICILE NUMBER 7106 4575 fy 2080 1917
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION ANE Iu 02
AGENCY FOR HEALTH CARE meee wa pee
ADMINISTRATION, Cor An MES CUE BE
Petitioner,
v.
SWEET HOME MANOR, INC.,
d/b/a SWEET HOME MANOR, INC.,
Respondent.
/
ADMINISTRATIVE COMPLAINT
COMES NOW the AGENCY FOR HEALTH CARE ADMINISTRATION (“AHCA”),
by and through the undersigned counsel, and files this Administrative Complaint against SWEET
HOME MANOR, INC., d/b/a SWEET HOME MANOR (hereinafter “Respondent”), pursuant to
Chapter 400, Part III, and section 120.60, Florida Statutes, (2001), and alleges:
NATURE OF THE ACTION
1. This is an action to impose three (3) administrative fines against the Respondent,
totaling THREE THOUSAND DOLLARS ($3000), pursuant to Sections 400.414(1) 400.419,
Florida Statutes (2001).
JURISDICTION AND VENUE
2. AHCA has jurisdiction over licensure of assisted living facilities, pursuant to
Chapter 400, Part III, Florida Statutes (2001).
3. Venue shall be determined pursuant to Rule 28-106.207, Fla. Admin. Code.
Page | of 8
PARTIES
4. AHCA is the regulatory authority responsible for licensure and enforcement of all
applicable statutes and rules governing assisted living facilities, pursuant to Chapter 400, Part III,
Florida Statutes (2001), and Chapter 58A-5 Fla, Admin. Code.
5. The Respondent is licensed to operate an assisted living facility; license number
7175, certificate number 9754 for 6 licensed beds; effective January 11, 2001 through November
7, 2002; located at 6405 Fortieth Avenue North, St. Petersburg, FL 33709. Asa licensee under
the licensing authority of AHCA, the Respondent was at all relevant times required to comply
with all applicable rules and statutes governing assisted living facilities.
6. AHCA conducted a survey of the Respondent’s facility on or about December 4,
2000. AHCA conducted a second survey at the facility on or about July 10, 2002.
COUNT I
RESPONDENT KEPT PRESCRIPTON DRUGS THAT WERE NOT PROPERLY
LABELED OR DISPENSED ACOORDANCE WITH CHAPTERS 465 AND 499, FLA.
STAT.
UNCORRECTED CLASS Il DEFICIENCY
FLA. ADMIN. CODE R. 584-5.0185(7)(a), §§ 400.4256, 400.414(1), 400.441, Fla. Stat,
(2001)
7. AHCA re-alleges and incorporates paragraphs (1) through (6) as if fully set forth
herein.
8. AHCA conducted a Survey on or about December 4, 2000. The findings
included:
A. A random resident was prescribed Dilantin 100mg, 1 capsule three times daily
according to the medication label. However, the MOR indicated that this medicine was being
taken four times a day (7am, 12noon, Spm, and 9pm). The administrator stated in an interview
that the MOR accurately reflected the health care provider's order, which apparently had been
changed from the original prescription. Thus, the label was incorrect.
B. This same resident was also taking Prilosec 20mg, 1 capsule every day per the
pharmaceutical label. According to an 11/15/00 progress note reflecting an official telephone
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CERTIFIED ARTICILE NUMBER 7106 4575 1294 2050 1917
order, this dosage had been increased to "20mg twice a day”. No amended pharmacy label had
been procured, rendering the current label inaccurate; and
Cc. In addition, the above-referenced resident was taking Thioridazine 25mg, |
capsule twice daily per the corresponding label. The administrator stated that as of 10/25/00, this
order had been changed to 2 capsules three times a day; a telephone order verified this in
addition to a MOR with 7am, 12noon and Spm indicated as times this medication was being
taken. Thus, the label on the container did not reflect the current order being followed.
9. Based upon the forgoing, the Respondent violated Fla. Admin. Code R. 58A-
5.0185(7)(a), which permits the Respondent to keep prescription drugs only when those
prescription drugs are properly labeled and dispensed. This rule was promulgated pursuant to §§
400.4256, 400.441, Fla. Stat. (2001).
10. AHCA assigned a mandatory correction date of December 7, 2000.
11. On or about July 10, 2002, AHCA conducted a second survey. The findings
included the following:
A. Medication review during the 7/10/02 survey revealed the following
discrepancies:
a) Resident #2 was taking Miralax Powder, 1 tablespoon with water every day according
to the pharmacy label. Review of the medication observation record (MOR), as well as
interview with staff indicated that this drug was to be given on an as needed basis; and
b) Resident #2 was taking Dilantin 100mg, 1 capsule 4 times/day per the pharmacy. label.
Review of the 7/02 MOR, interview with staff, and review of a 7/01 physician order
“indicated that this medication was to be given 3 times/day. Both inaccuracies left this
and other residents at risk of not having their clinical needs appropriately met.
12. | The Respondent left the deficiency uncorrected after the mandatory correction
date.
13. Based upon the forgoing, the Respondent violated Fla. Admin. Code R. 58A-
5.0185(7)(a), which permits the Respondent to keep prescription drugs only when those
prescription drugs are properly labeled and dispensed. This rule was promulgated pursuant to §§
400.4256, 400.441, Fla. Stat. (2001).
14. The above-referenced violation is grounds for the imposition of the administrative
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fine, pursuant to §§ 400.4256, 400.441, 400.441(1)(k), 400.414(1), 400.419(1)(c), Fla. Stat.
(2001). This is a Class III violation subjecting the facility to a fine of ONE THOUSAND
DOLLARS ($1000), pursuant to Section 400.419 (1)(c), F.S., (2001).
CLAIM FOR RELIEF FOR COUNT |
WHEREFORE, the Agency requests the following relief:
15. Factual and legal findings in favor of the Agency on Count I and;
16. Uphold the imposition of the $1000 administrative fine.
COUNT I
RESPONDENT FAILED TO ENSURE THAT PERSONNEL RECORDS CONTAIN
VERIFICATION OF FREEDOM FROM COMMUNICABLE DISEASE INCLUDING
TUBERCULOSIS
UNCORRECTED CLASS III DEFICIENCY
400.4275(4), 400.414(1), 400.441(1) FLA. STAT (2001)
CLAIM FOR RELIEF FOR COUNT II
17. AHCA re-alleges and incorporates paragraphs (1) through (6) as if fully set forth
herein.
18. AHCA conducted a survey on or about December 4, 2000. The findings
included:
A. Personnel records did not all contain verification of freedom from communicable
i disease including tuberculosis.
B. Employee file review during the 12/4/00 survey revealed that A.W. had no
communicable disease statement.
19. Based upon the forgoing, the Respondent violated Fla. Admin. Code R. 58A-
5.024(2)(a), which required the Respondent to maintain, personnel records for each staff
member, at a minimum, a copy of the original employment application with references furnished
and verification of freedom from communicable disease including tuberculosis. This rule was
promulgated pursuant to §§ 400.4275, 400.441(1)(c), and 400.441(1)(d), (Fla. Stat. 2001).
20. AHCA assigned a mandatory correction date of January 3, 2001.
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CERTIFIED ARTICILE NUMBER 7106 4575 1294 2050 1917
21. On or about July 10, 2002, AHCA conducted a second survey. The findings
included:
A. Personnel records did not all contain verification of freedom from communicable
disease including tuberculosis (TB). Findings include:
C. Personnel file review during the 7/10/02 survey revealed that neither J.H. nor J.W.
had any statement regarding their freedom from communicable disease including
TB.
2z. Based upon the forgoing, the Respondent violated Fla. Admin. Code R. 58A-
5.024(2)(a), which required the Respondent to maintain, personnel records for each staff
member, at a minimum, a copy of the original employment application with references furnished
and verification of freedom from communicable disease including tuberculosis. This rule was
promulgated pursuant to §§ 400.4275, 400.441(1)(c), and 400.441(1)(d), (Fla. Stat. 2001).
23. The Respondent left the deficiency uncorrected after the mandatory correction
date.
24. The above referenced violation constitutes the grounds for the imposed
administrative fine pursuant to §§ 400.4275, 400.414(1), 400.441(1)(c), and 400.441(1)(d), Fla.
Stat. (2001). This is a Class III violation subjecting the facility to a fine of ONE THOUSAND
DOLLARS ($1000.00), pursuant to § 400.419 (1)(c), Fla. Stat. (2001).
CLAIM FOR RELIEF FOR COUNT IE
WHEREFORE, the Agency requests the following relief:
25. Factual and legal findings in favor of the Agency on Count I and;
26 Uphold the imposition of the $1000 administrative fine.
COUNT Lil
RESPONDENT FAILED TO MAINTAIN DOCUMENTATION THAT ALL FACILITY
EMPLOYEES MUST COMPLETE BIENNIALLY, A CONTINUING EDUCATION
COURSE ON HIV AND AIDS.
Page 5 of 8
UNCORRECTED CLASS II] DEFICIENCY
FLA. ADMIN. CODE R. 58A-5.0191(3), S8A-5.0191(10), 58A-5.024(2)(a) 1, §§ 400.4275(4),
400.414(1), 400.441(1)(c), 400.452(2) FLA. STAT (2001)
27. AHCA re-alleges and incorporates paragraphs (1) through (6) as if fully set forth
herein.
28. AHCA conducted a survey on or about December 4, 2000. The findings
included:
A. Facility employees had not all necessarily completed a continuing education
course on HIV and AIDS. Findings include:
B. Personnel file review during the survey of 12/4/00 revealed that KB. had no
documented evidence of having ever been trained in HIV or AIDS.
29. Based upon the forgoing, the Respondent violated Fla. Admin. Code R. 58A-
5.0191(3), which required the respondent to maintain documentation that all facility employees
must complete biennially, a continuing education course on HIV and AIDS in accord with Fla.
Admin. Code R. 58a-5.0191(10). This rule was promulgated pursuant to §§ 400.4275(4),
400.441(1)(c), 400.452(2) Fla. Stat (2001).
30. AHCA assigned a mandatory correction date of January 3, 2001.
31. On or about July 10, 2002, AHCA conducted a second survey. The findings
included:
A. Facility employees had not received training in HIV/AIDS. Findings include:
B. Employee file review during the 7/10/02 survey found no documented evidence
that either J.W. nor J.H., hired as care givers 1/01 and 8/01, respectively, had
received any training in HIV/AIDS.
32. Based upon the forgoing, the Respondent violated Fla. Admin. Code R. 58A-
5.0191(3), which required the respondent to maintain documentation that all facility employees
must complete biennially, a continuing education course on HIV and AIDS in accord with Fla.
Admin. Code R. 58a-5.0191(10). This rule was promulgated pursuant to §§ 400.4275(4),
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CERTIFIED ARTICILE NUMBER 7106 4575 1294 2050 1917
400.441(1)(c), 400.452(2) Fla. Stat (2001).
33, The Respondent left the deficiency uncorrected after the mandatory correction
date.
34. The above referenced violation constitutes the grounds for the imposed
administrative fine pursuant to §§ 400.4275(4), 400.441(1)(c), and 400.452(2) Fla. Stat. (2001).
This is a Class III violation subjecting the facility to a fine of ONE THOUSAND DOLLARS
($1000.00), pursuant to § 400.419 (1)(c), Fla. Stat. (2001).
CLAIM FOR RELIEF FOR COUNT Ii
WHEREFORE, the Agency requests the following relief:
35. Factual and legal findings in favor of the Agency on Count I and;
36. Uphold the imposition of the $1000 administrative fine.
NOTICE OF RIGHTS
Respondent is notified that it has a right to request an administrative hearing pursuant to Sections
120.569 and 120.57, Florida Statutes (2001). Specific options for administrative action are set
out in the attached Election of Rights and explained in the attached Explanation of Rights. All
requests for hearing shall be made to the Agency for Health Care Administration, and delivered
to: ~*
Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop #3, Tallahassee,
Florida, 32308; Joanna Daniels, Assistant General Counsel.
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.
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74
Respectfully submitted this lA day of August, 2002.
ssistant General Counsel
FL Bar I.D. No. 0118321
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served BY
CERTIFIED MAIL on August /Y , 2002 to
Angela Wood, Administrator
Sweet Home Manor, Inc.
6405 Fortieth Avenue North,
St. Petersburg, FL 33709
Copies furnished to:
Wendy Adams
Agency for Health Care Administration
2727 Mahan Drive, MS #3
Tallahassee, FL 32308
(Interoffice Mail)
JD/sr
Joanna Daniels
Agency for Health Care Administration
2727 Mahan Drive, MS #3
Tallahassee, FL 32308
(File Copy)
ANNA DANIELS
Assistant General Counsel
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Docket for Case No: 02-003770
Issue Date |
Proceedings |
Sep. 24, 2003 |
Final Order filed.
|
Dec. 06, 2002 |
Order Closing File issued. CASE CLOSED.
|
Dec. 03, 2002 |
Motion to Remand (filed by Petitioner via facsimile).
|
Nov. 26, 2002 |
Amended Administrative Complaint (filed by Petitioner via facsimile).
|
Nov. 26, 2002 |
Motion to Amend and Serve Complaint (filed by Petitioner via facsimile).
|
Nov. 25, 2002 |
Petitioner`s Witness List (filed via facsimile).
|
Nov. 08, 2002 |
Petitioner`s First Set of Interrogatories, Requests for Admission, and Request for Production of Documents (filed via facsimile).
|
Oct. 08, 2002 |
Order of Pre-hearing Instructions issued.
|
Oct. 08, 2002 |
Notice of Hearing issued (hearing set for December 10, 2002; 10:00 a.m.; Largo, FL).
|
Oct. 03, 2002 |
Notice/Request for Hearing Availability and Location filed by Respondent.
|
Oct. 03, 2002 |
Letter to Judge Holifield from A. Wood (reply to Initial Order) filed. |
Sep. 26, 2002 |
Initial Order issued.
|
Sep. 25, 2002 |
Response to Administrative Complaint filed.
|
Sep. 25, 2002 |
Administrative Complaint filed.
|
Sep. 25, 2002 |
Election of Rights Regarding Administrative Complaint filed.
|
Sep. 25, 2002 |
Notice (of Agency referral) filed.
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