CERTIFIED ARTICLE NUMBER 7108 4575-1294 2050.0200° , STATE OF FLORIDA , ' AGENCY FOR: HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, i ' Petitioner, YS. ' SOUTHWEST FLORIDA REGIONAL MEDICAL CENTER, INC.. d/b/a SOUTHWEST FLORIDA REGIONAL MEDICAL CENTER, [ Certified Artidle Number [ 7W0b'4575 L25y -2050 o200 - — sore) = 48) Respondent. ; : bt _ ___. a ADMINISTRATIVE COMPLAINT OD- | ed. COMES NOW the Agency for Health Care. Administration’ (hereinafter “ABCA, by and: through the undersigned counsel, and files this Administrative Complaint, against Southwest Florida. Regional “Medical Center; Inc. db/a ‘Southwest Florida Regional Medical. ‘Center (hereinafter “Respondext”) and : alleges: . Oe , / NATURE OFTHE ACTION 1) This is an .action. to impose ant _sdministrative fine, in the amount of SEVEN THOUSAND DOLLARS G7, 000) pursuant to 85 408. 034 and 408. 040 Florida Statutes, , 2) The Respondent was cited for faitare to comply with conditions upon its Certificate of Need (CON) set forth below for r the calendar year 2000. JURISDICTION AND VENUE 3) AHCA has jurisdiction over the Respondent pursuant to 88 408. 031-408 45, Florida Statutes, the . “Health Facility and Services Developm ent Act.” ” 4) Venue tes i in Leon County Division of Adininiative Henings, pursuant io Section 120. 57 7 Flotida CERTIFIED ARTICLE NUMBER 7136 4575 1294 2050 0200 PARTIES ) AFCA: is the enforcing authority with regard to certificates of need, including the issuance, imposition of conditions, monitoring, : revocation, denial of. certificates of need or the exemptions of such certificates pursuant to. §§ 408.031-408.45, Florida. Statutes, the “Health Facility and Services Development Act,” Chapter 400, Part I, Florida Statutes and Rules 59C-1, Florida Administrative Code. I 6), Respondent is a CLASS I GENERAL HOSPITAL located at 2727 ‘Winkler Avenne, Fort Myers, FL 33901. The Respondent received. the Certificate of Need issued on October 9, 1989, for the three 4 story. replacement hospital with the condition that a minimum of 1% of total annual patient days shall .: be made available, to Charity Cate ‘patients, The certificate number ‘i is CON #5710 and-a copy is attached ‘to. this complaint as Exhibit’ “AY. ‘ ‘COUNTI | RESPONDENT. FAILED TO MEET THE CONDITION THAT A MINIMUM OF 1% OF TOTAL - ‘ANNUAL PATIENT DAYS SHALL BE MADE AVAILABLE TO CHARITY CARE | PATIENTS. . .. : FLA, ADMIN. CODE R. 59C-1.013, 59C-1.021, §§ 408. 034(5), 408. 040, FLA. STAT, ” AHCA realleges and incorporates (¢3) through 6s as if fully set forth herein. 8) The Respondent operates the Southwest Florida Regional’ Medical Center, a three story replacement facility (400 bed aonte care hospital) authorized by Certificate of Need Number 5710. . Pursuant to’ § ; 408: 040(1)(a), FS., CON #5710 contains’ ‘the ‘following condition: a minimum of 1%. of total annual patient days’ shall. be made. available to Charity Care patients, 9) As required by Florida Administrative Code Rule S9C-1.013(4), the Respondent filed an anal ‘compliance Teport indicating that the Sucilty did not * comply: with the Charity Care ‘condition for calender year 2000.. “Baht “3° attached i is a copy of ‘the annual compliance report. Findings . include: . CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 0200 a) The Hospital’s annual compliance report indicates that the facility provided 0,4 percent of the total annual patient days to charity ce care patients in CY 2000. / 10) Based upon ‘the forgoing, the Respondent w was in ‘noncompliance with the condition: set forth 4 in its . Centificate of Need. ) 11) The above referenced violation constitutes the grounds for Which a fine of Severi ‘Thonéand Dollars - ($7,000) is authorized under Fle. Admin. Code R. 59C-1.013, 590-1.021, and §§ 408.034(5), 408.040 - Fla, Stat.. . . SEAM FOR: RELIEF FOR‘ COUNT I. , 12) WHEREFORE, AHICA requests this Court to order the following relief: a) Make factual and legal findings in favor of AHCA on: Count I -b) Impose a fine of Seven Thousand’ Dollars ($7, 000) for the noncompliance c cited i in- “Count T against 3: the Respondent under’ Fla. Admin ‘Code R. 59C-1.013, 590-1, 021, and au 468, 03465), 408, 040 . Fla. Stat. NOTICE ~ “The ¢ Respontent is notified that it has a right to request an, administrative she aring pursuant to» - Section 120. 569, Florida Statutes. ‘Specific options for adiinistrative action are set. out in the. attached: . © . “Explanation of Rights (one page) and Election of Rights (one page). All requests for hearing shall be made to the attention of Joanna Daniels, Assistant General: Counsel, Agency for Health ‘Care Administration, 2707 Mahan Drive, Mail Stop #3, Tallahassee, FL 32308. page's of 0 CERTIFIED ARTICLE NUMBER 7106 4575 1294 2060 0200. : RESPONDENT I3 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 4.” FINAL ORDER BY THE AGENCY. 88S A SR a Respoitily submited, Said Joanna Da els, Assistant General Counsel Counsel - FL.Bar #0118321. :. . Agency for Health Care Administration : 2727.Mahan Dr., MS #3, Tallahassee, FL 32308. (850) 922-5873 Fax (850) 413-9313 . "CERTIFICATE OF. SERVICE * I HEREBY CERTIFY that-a copy hereof has been furnished to the Chiet Financial Ofticer, " Southwest Florida Regional Medical Center, Tes 2727 Winkler Avene, ort Myers, FL 33901. Lo Receipt No. 706 4575 1294 2050 0200 ObyU. S. Certified Mail, on Yanuary E* 2003. Se | . Assistant Geneéal. Counsel - Copies‘furnished to: Wendy Adams . Joanna Daniels Agency for Health Care Administration Agency for Health Care Administration : 2727 Mahan Drive, MS #3 . ,2727 Mahan Drive, MS #3 Tallahassee, FL 32308. ° Tallahassee, FL 32308 (Interoffice Mail) , 7 ; ‘ Karen Rivera AHCA/CON Office. 2727 Malian Drive MS 28 ‘Tallahassee, FL 32308... Aateroffice Mail) Page dof Cin anh CERTIFIED ARTICLE NUMBER 7106 4575 1294 2050 0200 7 EXHIBIT “A - SLCOpy'or CON# 5710. mo ee as REQUIRING TI THAT THE THREE STORY REPLACEMENT: FACILITY PROVIDE A A vo OF - 1% OF TOTAL ANNUAL PATIENT DAYS SHALL BE. MADE AVAILABLE TO CHARITY: CARE PATIENTS EXHIBIT “B” . COPY OF RESPONDENT'S ANNUAL COMPLIANCE REPORT FOR CALENDAR YEAR 2000 ” Pape $0f5

Docket for Case No: 03-001162