Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: BAYVIEW RETIREMENT HOME, INC., D/B/A BAYVIEW RETIREMENT HOME
Judges: JOHN G. VAN LANINGHAM
Agency: Agency for Health Care Administration
Locations: Fort Lauderdale, Florida
Filed: Jan. 17, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 13, 2003.
Latest Update: Dec. 24, 2024
Division of Administrative Hearings
STATE OF FLORIDA | L E
AGENCY FOR HEALTH CARE ADMINISTRATION hake
as
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Date
04 -Olef
Petitioner, AHCA No.: 2002047312
Return Receipt Requested:
Vv. 7000 1670 0011 4847 1867
7000 1670 0011 4847 1874
BAYVIEW RETIREMENT HOME, INC. d/b/a
BAYVIEW RETIREMENT HOME,
Respondent.
ADMINISTRATIVE COMPLAINT
COMES NOW the Agency for Health Care Administration
(“AHCA”), by and through the undersigned counsel, and files
this Administrative Complaint against Bayview Retirement
Home, Inc. d/b/a Bayview Retirement Home (hereinafter
“Bayview Retirement Home”), pursuant to Chapter 400, Part
TIf, and Section 120.60, Florida Statutes, (2001), and
alleges:
NATURE OF THE ACTION
1. This is an action to impose an administrative
fine of $5,450.00 pursuant to Section 400.419, Florida
Statutes (2001), for the protection of the public health,
safety and welfare.
JURISDICTION AND VENUE
2. This Court has jurisdiction pursuant to Sections
120.569 and 120.57 Fla. Stat., Chapter 28-106, Florida
Administrative Code.
3. Venue lies in Broward County, pursuant to Section
120.57 Fla. Stat, Rule 28-106.207, Florida Administrative
Code.
PARTIES
4. AHCA is the regulatory authority responsible for
licensure and enforcement of all applicable statutes and
rules governing adult living facilities, pursuant to
Chapter 400, Part III, Florida Statutes (2001), and Chapter
58A-5 Florida Administrative Code.
5. Bayview Retirement Home operates a 12-bed adult
living facility located at 2625 N. E. 13 Court, Ft.
Lauderdale, Florida 33304. Bayview Retirement Home is
licensed as an adult living facility under license number
6639. Bayview Retirement Home was at all times material
hereto a licensed facility under the licensing authority of
AHCA and was required to comply with all applicable rules
and statutes.
COUNT I
BAYVIEW RETIREMENT HOME FAILED TO PROVIDE PROPER TREATMENT
FOR A STAGE 2 PRESSURE SORE.
RULE 58A-5.0181(4) (b)1, FLORIDA ADMINISTRATIVE CODE
(ADMISSIONS CRITERIA STANDARDS)
CLASS II VIOLATION
6. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
7, Bayview Retirement Home was cited with one (1)
Class If deficiency pursuant to complaint investigation
conducted on September 13, 2002.
8. Based on the survey conducted on September 13,
2002 and based on record review, one of two residents in
the sample (Resident #1) developed a stage 2 pressure sore
and a home health agency or nurse were not provided. The
findings include the following.
9. Resident #1 was admitted on 5/31/02 with no
decubiti. The facility's notes on 7/4/02 state she was red
on her bottom and the Administrator bought cream for her.
On 7/6, she is still red on her bottom. On 8/4, patient's
buttock appears red and bed sore cuts upper center of
buttock, clean area with sodium chloride and apply Vitamin
A & D ointment. On 8/5, clean affected area and apply A & D
ointment & change position every 2 hours. On 8/6, clean
affected area & apply A & D ointment and change position
every 2 hours. Based on a written statement provided by the
facility, the Administrator took the resident to the
hospital on 8/19/02 for treatment of the pressure sore as
the resident's primary doctor was on vacation. The
discharge plan from the hospital showed follow-up with
private doctor as soon as possible and a referral for wound
care. A registered nurse from the HMO evaluated the wound
8/23/02 & 8/26/02 but no treatment was given. The
Administrator took the resident to the hospital on 8/27/02
as the wound looked very bad. The resident was admitted to
the hospital and did not return to the facility.
10. Based on the foregoing, Bayview Retirement Home
violated Rule 58A-5.0181(4) (b)1, Florida Administrative
Code herein classified as a Class II violation pursuant to
§ 400.419, which carries in this instance an assessed fine
of $5,000.00.
SURVEY FEE
Pursuant to Section 400.419(9), Florida statutes, AHCA
assessed a survey fee of $450.00 in this matter to cover
the cost of monitoring visits.
CLAIM FOR RELIEF
WHEREFORE, the Agency requests the Court to order the
following relief:
1. Enter a judgment in favor of the Agency for
Health Care Administration against Bayview Retirement Home
on Count I.
2. Assess an administrative fine of $5,000.00
against Bayview Retirement Home on Count I for violation of
Rule 58A-5.0181(4) (b)1, Florida Administrative Code.
3. Assess a survey fee of $450.00 against Bayview
Retirement Home pursuant to Section 400.419(9), Florida
Statutes.
4, Assess any other costs related to the
investigation and prosecution of this matter that the Court
finds applicable.
5. Grant such other relief as this Court deems is
just and proper.
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 the
Agency for Health Care Administration, Manchester Building,
a
First Floor, 8355 N. W. 53rd Street, Miami, Florida, 33166;
Attn: Alba M. Rodriguez.
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.
(Cisas mm Bedupee,/
Assistant General Counsel
Agency for Health Care
Administration
8355 N. W. 53 Street
Miami, Florida 33166
Copies furnished to:
Diane Reiland
Field Office Manager
Agency for Health Care
Administration
1710 B. Tiffany Drive - Suite 100
West Palm Beach, Florida 33407
(U. S. Mail)
Gloria Collins
Finance and Accounting
Agency for Health Care
Administration
2727 Mahan Drive
Tallahassee, Florida 32308
(Interoffice Mail)
Adult Living Facility Unit Program
Agency for Health Care
Administration
2727 Mahan Drive
Tallahassee, Florida 32308
(Interoffice Mail)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been furnished by U.S. Certified Mail, Return
Receipt Requested to Alice B. Rothman, Administrator,
Bayview Retirement Home, 2625 N. EB. 13 Court, Ft.
Lauderdale, Florida 33304; Bayview Retirement Home, Inc.,
2626 N. E. 13 Court, Ft. Lauderdale, Florida 33304; on this
7]
jar tay of December, 2002,
Qeias “ae Radu gucn,
Alba M. Rodrighez
Docket for Case No: 03-000161
Issue Date |
Proceedings |
Apr. 23, 2003 |
Final Order filed.
|
Mar. 13, 2003 |
Order Closing File issued. CASE CLOSED.
|
Mar. 11, 2003 |
Joint Motion to Close File (filed via facsimile).
|
Mar. 05, 2003 |
Agency`s Motion for Order to Compel Discovery (filed via facsimile)
|
Mar. 04, 2003 |
Order on Respondent`s Motion to Dismiss issued. (motion is denied)
|
Mar. 03, 2003 |
Agency`s Memorandum of Law and Statement of Compliance With Notice Requirements of Rule 58A-5.033(3) (filed via facsimile).
|
Feb. 24, 2003 |
Letter to Judge Van Laningham from A. Rodriguez regarding motion to dismiss (filed via facsimile).
|
Feb. 10, 2003 |
Notice of Taking Deposition Duces Tecum, A. Rothman, Any Other Individuals that the Respondent Will Call to Testify at the Final Hearing (filed by Petitioner via facsimile).
|
Feb. 04, 2003 |
Order of Pre-hearing Instructions issued.
|
Feb. 04, 2003 |
Notice of Hearing issued (hearing set for March 27, 2003; 9:00 a.m.; Fort Lauderdale, FL).
|
Jan. 30, 2003 |
Notice of Service of Petitioner`s First Set of Request for Admissions, Interrogatories, and Request for Production of Documents (filed via facsimile).
|
Jan. 29, 2003 |
Joint Response to Initial Order (filed via facsimile).
|
Jan. 21, 2003 |
Initial Order issued.
|
Jan. 17, 2003 |
Administrative Complaint filed.
|
Jan. 17, 2003 |
Agency`s Response to Motion to Dismiss filed.
|
Jan. 17, 2003 |
Motion to Dismiss filed.
|
Jan. 17, 2003 |
Election of Rights for Administrative Complaint filed.
|
Jan. 17, 2003 |
Notice of Election of Formal Administrative Hearing and Notice of Appearance filed.
|
Jan. 17, 2003 |
Notice (of Agency referral) filed.
|