nN “~» |=—s STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINIBTRA 1 of Administrative Hearings AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, 4 f AHCA CASE NO. 2002046874 v. 2002047645 0% eed 2002047460 LARGO ACLF, LTD., D/B/A a! . : Certified Article Number THE HOMESTEAD OF LARGO, 7106 4575 1294 2050 3690 Respondent. ) SENDERS RECORD ADMINISTRATIVE COMPLAINT COMES NOW THE AGENCY FOR HEALTH CARE ADMINISTRATION (hereinafter referred to as AHCA), by and through its undersigned counsel, and files this Administrative Complaint against LARGO ACLF, LTD., D/B/A THE HOMESTEAD OF LARGO (hereinafter referred to as “Respondent”), pursuant to Sections 120.569 and 120.57, Florida Statutes (2001), and alleges the following: Nature of the Action 1. This is an action to impose an administrative fine upon Respondent pursuant to Section 400.419, Florida Statutes. Jurisdiction And Venue 2. This Court has jurisdiction pursuant to Sections 120.569 and 120.57, Florida Statutes. 3. AHCA has jurisdiction over Respondent pursuant to Chapter 400 Part III, Florida Statutes. 4. Venue vests pursuant to Rule 28-106.207, Florida Administrative Code. -_- ~ i.’ * Parties ~~ _ " — 5. Pursuant to Chapter 400, Part III, Florida Statutes, and Rules 58A-5, Florida Administrative Code, AHCA is the licensing and enforcing authority with regard to assisted living facility laws and rules. 6. Respondent operates an assisted living facility located at 750 Starkey Road, Largo, Florida 33771. Respondent 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, with 168 beds and having been issued license number 7301. COUNT I RESPONDENT DEPRIVED RESIDENTS OF THE FACILITY OF CIVIL OR LEGAL RIGHTS, OF BENEFITS OR PRIVILEGES GUARANTEED BY LAW, THE CONSTITUTION OF THE UNITED STATES AND BY THE CONSTITUTION OF THE STATE OF FLORIDA. RESPONDENT FAILED TO MAKE EVERY REASONABLE EFFORT TO ENSURE THAT PRESCRIPTIONS FOR RESIDENTS WHO RECEIVE ASSISTANCE WITH SELF-ADMINISTRATION OF MEDICATION, WERE RE- FILLED IN A TIMELY MANNER. Rule 58A-5.0185 Florida Administrative Code (2001); and Section 400.414 Fla.Stat. (2001) 7. AHCA re-alleges and incorporates by reference paragraphs one (1) through six (6) above as if fully set forth herein. 8. On or about August 22, 2002, AHCA performed a complaint investigation at Respondent’s facility. AHCA cited Respondent based upon the findings below: The facility did not make every reasonable effort to ensure that prescriptions for residents who receive assistance with self-administration of medication, or who self administer but have centrally stored medications and depend of the facility for their supply are refilled in a timely manner for 4 of 9 residents reviewed. ve — ~ Findings include: “~” — Based on record review and an interview with the DON, on the day of the investigation 08/22/02, 4 of 9 medication reviews ( resident #1, 2, 7 and #9 ) missed medication on dates to include June, July and August 2002 due to prescriptions that were not refilled in a timely manner. 1. Resident #1 was out of Prempro June 1-7 and July 8-10, Ocupress eye drops June 2-8 and again in August, Nitro patch 0.4mg July 6-14 and again in August and a review of July and August MORs revealed other medications that were not available. 2. Resident # 2 was missing all four of her medications from June 21-30, July 1- 15 and August 16-21. 3. Resident #7 had 13 medication that were not available on one or more days in August to include Metformin and Synthroid as well as medication to include Synthroid and Prevacid that were not available in June and/ or July. 4. Resident # 9 was out of Micardis 60 mg for blood pressure from August 2-21. All above medication was noted as available on the day of the investigation 08/22/02 except resident # 1's eye drops. 9. Based on the foregoing, Respondent has violated Rule 58A-5.0185(7) (f) Florida Administrative Code (2001), by reason of the fact that Respondent failed to make every reasonable effort to ensure that prescriptions for residents who receive assistance with their medication, were re-filled in a timely manner. 10. The foregoing violation constitutes a Class II violation. Class “II” violations are those conditions or occurrences related to the operation and maintenance of a facility or to the personal care of residents which the agency determines directly threaten the physical or emotional health, safety, or security of the facility residents, other than class I violations. BR Class II violation is subject to an administrative fine in an amount not less than $1,000 and not exceeding $5,000 for each violation. A citation for a Class II violation must specify the time within which the violation is : _, ~ i required to be corsm@@ted. AHCA is authorréet—