LY ACYS e @ STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, vs. Case No. 2004004121 WUESTHOFF MEMORIAL HOSPITAL, INC., d/b/a WUESTHOFF MEDICAL CENTER- MELBOURNE, Respondent. / sae ah pape = hi COMES NOW the AGENCY FOR HEALTH CARE ADMINISTRATION (hereinafter “Agency”), by and through the undersigned counsel, and files this Administrative Complaint against Wuesthoff Health System, Inc. d/b/a/ Wuesthoff Medical Center- Melbourne (hereinafter “Respondent”), pursuant to Sections 120.569 and 120.57, Fla. Stat. (2003), and alleges: NATURE OF THE ACTION 1. This is an action to impose an administrative fine pursuant to Rules 59E- . 2.024(1), (3)(b), and (5), and S9E-2.025(1){(a), Fla. Admin. Code (2003); and Section 408.08(2) Fla. Stat. (2003), and as a result of a violation of Section 408.061(4), Fla. Stat. (2003); and Rule 59E-5.201, Fla. Admin. Code. (2003). JURISDICTION 2. The Agency has jurisdiction over licensure and fines of the hospital pursuant to Chapter 395, Fla. Stat. (2003), and Chapter 59A-3, Fla. Admin. Code. (2003). VENUE 3. Venue shall be determined pursuant to Rule 28-106.207, Fla. Admin. Code. (2003). PARTIES 4. The Agency is the regulatory authority responsible for licensure and enforcement of all applicable statutes and rules governing hospitals pursuant to Chapter 395, Florida Statutes (2003), and Chapter 59A-3, Fla. Admin. Code. (2003). 5. The Agency is the regulatory authority responsible for collecting and enforcing the hospital reporting requirements as required in Chapter 408, Fla. Stat. (2003), and Chapter 59A-3 Fla. Admin. Code. (2003). 6. Respondent is licensed as a hospital pursuant to Section 395.002(13), Fla. Stat. (2003). COUNT I Respondent failed to file a complete and/or accurate prior year report in a timely manner. § 408.061(4), Fla. Stat. (2003) Fla. Admin. Code R. 59E-5.201 (2003) 7. The Agency realleges and incorporates by reference paragraphs (1) through (6) as if fully set forth herein. 8. The Respondent failed to submit a complete and accurate Prior Year Report for its 2003 fiscal year within 120 days subsequent to the end of the facilities fiscal year pursuant to Section 408.061(4), Fla. Stat. (2003) and Rule 59E-5.201, Fla. Admin. Code. (2003). 9. The Respondent failed to file a corrected Prior Year Report on the extended due date of February 27, 2004, to meet statutory requirements. 10. | The Agency sent a deemed-not-filed notice of violation to the Respondent on April 5, 2004, which specified the corrections needed to bring the report into compliance with statutory and rule requirements, allowed ten (10) working days to provide the Agency with the requested information, and gave notice that Respondent would be subject to imposition of an administrative fine if the requested information was not timely filed pursuant to Rule S9E-2.024(5), Fla. Admin. Code (2003), Violation of Chapter 408, Fla. Stat. (2003) or Board Rules, which states in part: (5) Prior to seeking to impose an administrative fine against an entity for the violations described...the Agency will send a notice of violation to the entity by certified mail, return receipt requested. If the entity corrects the violation within 10 working days of receipt of the notice, no violation will be deemed to have occurred and no administrative fine will be sought or imposed. If the entity does not correct the violation within that time, it shall be subject to imposition of an administrative fine which will be calculated from the original due date of the report or document. 11. The Respondent received the deemed-not-filed notice of violation on April 7, 2004. 12. Acopy of the notice of violation is attached hereto as Exhibit “A” and incorporated herein by reference. 13. The Respondent failed to provide the Agency with the requested information specified in the April 5, 2004 notice of violation within ten (10) working days of receipt of the notice. 14. Asof the date of this Administrative Complaint, Respondent has failed to appropriately file the report, resulting in a total of 97 days late, calculated pursuant to Rule 59E-2.024(5), Fla. Adm. Code. (2003). ue e , @ 15. Failure to provide an accurate and/or complete Prior Year Report in a timely manner is a violation of Section 408.061(4), Fla. Stat. (2003) and Rule 59E-5.201, Fla. Admin. Code (2003), which requires Respondent to file the Prior Year Report with the Agency within 120 days subsequent to the end of its fiscal year. 16. Section 408.08(2), Fla. Stat. (2003), provides that any hospital which refuses to file a report, fails to timely file a report, files a false report, or files an incomplete report shall be punished by a fine not to exceed $1,000 per day for each day in violation, to be fixed, imposed, and collected by the Agency. Each day in violation shall be considered a separate offense. seek TemomRespondent's violations constitute a First Occurrence as déefihied in RITE rrr” 59E-2.025(1)(a), Fla. Admin. Code (2003), which results in a fine of $20.00 per day _, starting on the original filing due date of January 28, 2004. This violation constitutes the grounds for which the Agency imposes a fine in the minimum amount of $1,940.00 as of the date of this Administrative Complaint pursuant to Sections Rule 59E-2.025 (1)(a), Fla. Admin. Code. (2003). 18. The Agency may impose additional fines due to continued failure to provide the report pursuant to Rule 59E-2.025 (1)(a), Fla. Admin. Code (2003) and Section 408.08(2), Fla. Stat. (2003), which states each day is a separate violation. CLAIM FOR RELIEF WHEREFORE, State of Florida, Agency for Health Care Administration (Agency requests the Court to order the following relief against the Respondent for continued violation of Section 408.061(4), Fla. Stat. (2003) and Rule S9E-5.201, Fla. Admin. Code. (2003), pursuant to Rules S9E-2.024(1), (3)(b) and (5), and 59E-2.025(1)(2), Fla. Admin. Code (2003), and Section 408.08(2) Fla. Stat. (2003), finding: (A) Make factual and legal findings in favor of the Agency on Counts I; (B) Recommend administrative fines and fees to be imposed against the Respondent as follows: 1. In the minimum amount of $1,940.00; and 2. Additional fines due to continued failure to file the 2003 Report as provided in Rule 59E-2.025(1)(a), Fla. Admin. Code (2003); and (C) All other general and equitable relief allowed by law. “ee eneewenn Dated. onr thi nacoondday-o£ May 2 Respectfully submitted, / a wy a —_ Eric R. Bredeméyer, Senior Attorney Florida Bar¥-D. 318442 Agency for Health Care Administration 2727 Mahan Drive, Bidg. 3, MSC#3 Tallahassee, FL 32308 Office: (850) 922-5873 Fax: (850) 413-9313