Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: BROOKWOOD-EXTENDED CARE CENTER OF HIALEAH GARDENS, LLP, D/B/A WATERFORD CONVALESCENT CENTER
Judges: MICHAEL M. PARRISH
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Apr. 28, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 7, 2005.
Latest Update: Dec. 25, 2024
A ENT RE
USL? 14
STATE OF FLORIDA
ACENCY FOR HEALTH CARE RDMINISTRATION
STATE OF FLORIDA
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Fan he
Patitioner, AHCA No: 200201268168
Return Receipt Requested
vs. F000 1670 OO11 4847 9900
7000 1670 0011 4847 ga94
7000 1670 0011 4847 9887
BROOKWOOD-EXTENDED CARE CENTER OF
HIALEAH GARDENS, LLP, d/b/a WATERFORD
CONVALESCENT CENTER,
Respondent
/
a
ADMINISTRATIVE COMPLAINT
COMES NOW the Agency for Health Care Administration
(hereinafter “AHCA”), by and through the undersigned counsel,
and files this Administrative Complaint against Brookwood
Extended Care Center of Hialeah Gardens, LLP, d/b/a Waterford
Convalescent Center (hereinafter “waterford”) pursuant to 28-
106,111, Florida Administrative Code (2001) (F.A.C.), and
Chapter 120, Florida Statutes (Fla. Stat.) hereinafter
alleges:
NATURE OF ACTION
l. This is an action to impose a conditional licensure
rating, effective November 15, 2001, pursuant to Section
400.23(7) (b), Fla. Stat.
<< AAS Pe
JURISDICTION AND VENUE
2, This court has jurisdiction pursuant to Section
120.569 and 120.57, Fla. Stat., and Chapter 28-106, F.A.C,
3. venue lies in Dade County, pursuant to 120.57, Fla.
Stat., and Chapter 28-106.207, F.A.C.
PARTIES
4, AHCR is the enforcing authority with regard to
nursing home licensure law pursuant to Chapter 400, Part II,
Fla. Stat., and Rules 59A-4, F.A.C.
5, Waterford Convalescent Center is a nursing home
located at 9333 West Okeechobee Road, Hialeah Gardens, Florida
33016, and is licensed under Chapter 400, Part II, Fla. Stat.,
and Chapter 59A-4, F.A.C.
COUNT I
WATERFORD FAILED TO ENSURE THAT RESIDENTS HAVE AUTONOMY
AND CHOICE IN EXERCISING THEIR RIGHTS AND TO BE FREE FROM
STAFF MEMBERS DELIBERATE ACTIONS TO PROMOTE OR LIMIT THE
RESIDENTS’ AUTONOMY
483.15(b), C.F.R., 59A-4,.106(4) (x), F.A.C.
(QUALITY OF LIFE)
CLASS II
6. AHCA xe-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
7. During the annual survey conducted during 11/13-
15/01 and based on observation, interview and record review,
the facility failed to ensure that residents have autonomy and
choice in exercising their rights and to be free from staff
members deliberate actions to promote or limit the resident's
autonomy or choice which prevents independent functioning for
two (#23 and R33) of thirty sampled residents.
8. Curing observation of the activity that was given on
11/14/01 at approximately 11:30 a.m. in the activity room on
the third floor, two staff members were observed being
actively involved with a small number of residents leaving the
majority of the twenty-six residents in the room inactive.
After about 10 minutes of observation, sampled resident #23
was observed not receiving any interaction from staff and
appeared to be anxious evidenced by the resident moving back
and forth in his/her wheel chair and attempting to roll the
wheelchair out of the room. One of the staff was observed
standing in front of the resident, without speaking to
him/her, and preventing the resident from moving. This action
appeared to make the resident more anxious to the point where
he/she started to speak in a loud voice.
9. An interview, with the staff that was blocking the
resident's way, revealed that the resident was not allowed to
leave to activity room because whenever the resident is
allowed to leave he/she is immediately brought back by one of
the certified nursing assistance (CNAs). The activity staff
stated that she did not see the benefit of allowing the
resident to leave if the CNAs were just going to return the
resident. The staff was questioned as to the reason for net
speaking to the resident. The staff stated that she does not
speak Spanish. Upon further investigation, the activity staff
stated that the resident is able to roll his/her wheelchair
without supervision from staff. Upon surveyor intervention,
the resident was allowed to leave the room.
10. nterview with the unit supervisor at approximately
11:50 a.m. revealed that the staff member should have allowed
the resident to leave the room as desired and that the
facility's policy is for the resident, regardless of the
cognitive status, be allowed to exercise their rights. The
unit supervisor then spoke with the staff. The staff stated
the reason for not allowing the resident to leave was because
he/she would be immediately returned to the activities rocm by
the CNAs. The unit supervisor informed the staff of the
resident's right to choose. The unit supervisor then informed
the surveyor that the resident propels his/her wheel chair all
the time down the halls without staff assistance and
supervision.
11. Observation later that day at approximately 3:50
p.m. revealed a CNA sitting in front of the entrance to the
activity room on the same floor (3rd Floor), blocking the
residents from exiting the room. Sampled resident #23 was
observed at this time asking the CNA to be allowed to leave
the room, however, the CNA was observed telling the resident
"no", The unit supervisor, sitting at the nursing station,
was asked to follow the surveyor to the activity room. The
CNR had moved from the chair by this time, put the chair
remained in the middle of the doorway preventing anyone from
entering or leaving the room, The unit supervisor informed
the CNA to move the chair to the wall and that the door way
should be accessible to residents. Upon moving the chair to
the wall, a resident entered the activity room.
12. Review of sampled resident's (#23) medical record on
11/15/01 at approximately 10:30 a.m., revealed that the
resident was assessed in the Minimum Data Set (MDS) annual
assessment dated 9/24/01, as having severe cognitive
impairment, as usually making self understood, and sometimes
understands others. An improvement in behavior symptoms was
assessed and the resident was described as being at ease
interacting with others. Review of the social services,
assessment dated 3/19/01, provided by the facility on 11/16/01
following the survey, revealed that the resident's behavior
was assessed as having socially inappropriate behavior,
however, these behaviors did not include wandering, verbally
or physically abusive behaviors, or resisting care.
13. During a routine tour of the facility on 11/15/01 at
about 9:00 am, a staff member was observed preparing to
transport a resident via wheelchair into dining/activities/ TV
room. The staff member asked resident R33, if she wanted to be
transported in to dining/activities/TV room. Resident R33
answered "NO" three (3) times. Staff member still proceeded to
transport resident R33 into the dining/ activities/TV room
against her verbal consent.
14. Based on the foregoing, Waterford Convalescent
Center violated 483.15(b), C.F.R., and 59A-4.106(4) (x),
F.A.C., herein classified as a Class II violation, which gives
rise to a conditional licensure status pursuant to
§400.23(7) (b), Fla. Stat. (2001)
PRAYER FOR RELIEF
WHEREFORE, the Petitioner, State of Florida Agency for
Health Care Administration requests the following relief:
A. Enter a recommended rder in favor of the
Agency for Health Care Administration against Waterford
Convalescent Center.
B. Assess against Waterford Convalescent Center 4
Conditional License, in accordance with §400,23(7} (b), Fla.
Stat.
Cc. Award the Agency for Health Care Administration
costs related to the investigation and prosecution of the case
pursuant to §400.12:(19), Fla. Stat.
D. Grant such other relief as the 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, First Floor,
8355 Nw 53°* Street, Miami, Florida 33166; Nelson Rodney,
Assistant General Counsel.
RESPONDENT IS FURTHER NOTIFIED THAT FAILURE TO REQUEST A
HEARING WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF THIS
COMPLAINT, PURSUANT TO THE ATTACHED ELECTION OF RIGHTS, WILL
RESULT IN AN ADMISSION OF THE FACTS ALLEGED IN THE COMPLAINT
AND THE ENTRY OF A FINAL ORDER BY THE AGENCY.
Respectfully submitted.
Assistant General Counsel
Agency for Health Care Administration
8355 NW 53°¢ Street
Miami, Florida 33166
Copy to:
Nelson Rodney, Assistant General Counsel
Agency for Health Care Administration
Manchester Building
8355 NW 53% Street
Miami, Florida 33166
Elizabeth Dudek, Deputy Secretary
Agency for Health Care Administration
2727 Mahan Drive, MS#9
Tallahassee, Florida
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregeing has been furnished by U.S. Certified Return Receipt
Requested to Roberto OD. Vital, Administrator, Waterford
Convalescent Center, 8333 West Okeechobee Road, Hialeah
Gardens, Florida 33016, Brookwood-Extended Care Center of
Hialeah Gardens, LLP, 545 Wahoo Road, Panama City, Florida
32408, and to Theodore E£. Mack, Esquire, 803 North Calhoun
¢
Street, Tallahassee, Florida 32303, on fda J '
2002.
el5n (Rodney
Docket for Case No: 04-001598
Issue Date |
Proceedings |
Mar. 21, 2005 |
Final Order filed.
|
Jan. 07, 2005 |
Order Closing Files. CASE CLOSED.
|
Nov. 09, 2004 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for January 14, 2005; 9:00 a.m.; Miami, FL).
|
Oct. 28, 2004 |
Petitioner`s Notice of Filing Response to Respondent`s First Set of Interrogatories (filed via facsimile).
|
Oct. 21, 2004 |
Notice of Hearing (hearing set for December 7, 2004; 9:00 a.m.; Miami, FL).
|
Oct. 01, 2004 |
Case Status Report (filed by N. Rodney via facsimile).
|
Sep. 24, 2004 |
Order Granting Continuance (parties to advise status by October 5, 2004).
|
Sep. 20, 2004 |
Petitioner`s Witness and Exhibit List (filed via facsimile).
|
Sep. 20, 2004 |
Petitioner`s Notice of Filing Witness and Exhibit List (filed via facsimile).
|
Jul. 07, 2004 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for September 28, 2004; 9:00 a.m.; Hialeah Gardens, FL).
|
Jul. 01, 2004 |
Motion to Continue (filed by Respondent via facsimile).
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May 20, 2004 |
Notice of Hearing (hearing set for July 15, 2004; 9:00 a.m.; Miami, FL).
|
May 20, 2004 |
Order of Consolidation. (consolidated cases are: 04-001597, 04-001598)
|
May 18, 2004 |
Notice of Service of Petitioner`s First Set of Request for Admissions, Interrogatories, and Request for Production of Documents (filed via facsimile).
|
May 13, 2004 |
Order of Pre-hearing Instructions.
|
May 13, 2004 |
Notice of Hearing (hearing set for July 15, 2004; 9:00 a.m.; Miami, FL).
|
May 07, 2004 |
Joint Response to Initial Order (filed by Petitioner via facsimile).
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Apr. 29, 2004 |
Initial Order.
|
Apr. 28, 2004 |
Amended Petition for Formal Administrative Hearing filed.
|
Apr. 28, 2004 |
Administrative Complaint filed.
|
Apr. 28, 2004 |
Notice (of Agency referral) filed.
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