Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: NICOLAS & SHERRI CICCARELLO, D/B/A SHARICK`S RETIREMENT RANCH
Judges: WILLIAM F. QUATTLEBAUM
Agency: Agency for Health Care Administration
Locations: Plant City, Florida
Filed: Nov. 18, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 21, 2005.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Petitioner, AHCA No.: 2002038131
Return Receipt Requested: (>
v. 7000 1670 0011 4849 32894!" 64
7000 1670 0011 4849 3296 ‘\2
NICOLAS & SHERRI CICCARELLO (OWNERS)
d/b/a SHARICK’S DECK RETIREMENT .
RANCH, CY _ U is) | |
Respondent.
ADMINISTRATIVE COMPLAINT
COMES NOW the Agency for Health Care Administration
(“AHCA”), by and through the undersigned counsel, and files
this Administrative Complaint against Nicolas & Sherri
Ciccarello (Owners) of Sharick’s Deck Retirement Ranch
(hereinafter “Sharick’s Deck Retirement Ranch”), pursuant to
Chapter 400, Part III, and Section 120.60, Florida Statutes,
(2001), and alleges:
NATURE OF THE ACTION
1. This is an action to impose and maintain the
Agency’s administrative fine of $7,300.50 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, Florida Statutes, and Chapter 28-166,
Florida Administrative Code.
3. Venue lies in Hillsborough County, pursuant to
Section 120.57, Fla. Stat. and 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 assisted living facilities, pursuant to Chapter 400,
Part III, Florida Statutes (2001), and Chapter 58A-5, Florida
Administrative Code.
5. Sharick‘s Deck Retirement Ranch operates a 25-bed
assisted living facility located at 4506 Bruton Road, Plant
City, Florida 33565. Sharick‘s Deck Retirement Ranch is
licensed as an assisted living facility license number AL5335,
with an expiration date of September 3, 2003. Sharick’s Deck
Retirement Ranch 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
SHARICK’S DECK RETIREMENT RANCH EXCEEDED THE CAPACITY LICENSE
400.407(3), Fla. Stat. and/or 58A-5.0181(2)(g), F.A.C.
(GENERAL LICENSE STANDARDS)
REPEATED CLASS III VIOLATION
6. BHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
7. During the complaint investigation conducted by the
Agency on April 2, 2001 and based on review of the Medication
Observation Record, observation, staff interview, and
interview with the Administrator, the Agency found that the
facility exceeded its licensed capacity.
8. The licensed capacity of the facility is 25. Review
of the Medication Observation Records revealed 26 residents
receiving assistance with medications.
9. Observation in the facility revealed 27 resident
beds and staff interview revealed 26 beds were occupied by
residents.
10. Interview with the Administrator revealed that the
facility had 26 residents including his aunt. Interview and
observation of the Medication Observation revealed that the
aunt occupies an ALF bed and received assistance with
medications. Immediate correction required.
11. During a complaint investigation conducted by the
Agency on May 3, 2002 and based on a review of resident
ive)
records and on interviews with two facility staff, the Agency
again found that the number of residents at the facility
exceeded its licensed capacity. A review of the pages in the
facility Medication Observation Record indicated that
medications were being supervised by facility staff for 29
residents. However, the facility is licensed for only 25
residents. This was discussed at length with the two staff
members on 05/03/02 at 1:30 p.m.; the names of the residents
were discussed individually to determine if the residents
were, in fact, residents of the facility or if personal
services (such as supervision of medications) were being
performed by facility staff. It was indicated that one
resident had been in the hospital since 04/20/02, but that he
had not been given a discharge notice and was expected to
return; and that one resident did not live in the licensed ALF
but on the grounds and that he received no services except for
his supervision of medication. The other 27 residents were
confirmed by the two employees as currently residing within
the licensed facility.
12. Based on the foregoing, Sharick’s Deck Retirement
Ranch violated Chapter 400.407(3), Fla. Stat, and/or Rule 58A-
5.0182(2)(g) Florida Administrative Code, a repeated Class III
violation pursuant to 400.419(1) (c), Fla. Stat., which
carries, in this case, an assessed fine of $1,000.00.
COUNT ITI
SHARICK’S DECK RETIREMENT RANCH FAILED TO MAINTAIN/DOCUMENT
LIABILITY INSURANCE.
400.4275(3), Fla. Stat. and /or 58A-5.021(8), and/or
58A-5.024(1)(g), F.A.C.
(FACILITY RECORDS STANDARDS)
REPEATED CLASS III VIOLATION
13. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
14. During the biennial survey conducted on 11/06/00 and
based on a review of the information board and interview with
the manager, the Agency found that the facility failed to
maintain/document liability insurance. The Agency found that
there was no evidence that the facility had current liability
insurance in force at the time of the survey. Time given for
correction: 12/06/00.
15. During a complaint investigation conducted on
4/02/01 and based on interview with the Administrator, the
Agency again found that the facility failed to
maintain/document liability insurance. The Agency found that
the facility did not have liability insurance. This was an
uncorrected deficiency from the survey of 11/06/00.
16. During another complaint investigation conducted on
5/03/02 and based on a review of available documentation, the
Agency again found that the facility failed to
maintain/document liability insurance. The facility does not
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currently have a liability insurance policy in place. A
review of the most recent policy available indicated that the
insurance coverage expired 05/02/02, the day preceding the
visit to the facility.
17. Based on the foregoing, Sharick’s Deck Retirement
Ranch violated Chapter 400.4275(3), Fla. Stat, and/or Rules
58A-5.021(8), and 58A-5.024(1) (gq), Florida Administrative
Code, a repeated Class III violation pursuant to
400.419(1) (c), Fla. Stat., which carries, in this case, an
assessed fine of $1,000.00.
COUNT III
SHARICK’S DECK RETIREMENT RANCH FAILED TO HAVE AN ANNUAL FIRE
INSPECTION CONDUCTED BY THE LOCAL FIRE MARSHALL OR AUTHORITY
HAVING JURISDICTION.
400.441(1) (a), Fla. Stat. and/or 58A-5.015(1) (a) (3), and/or
58A-5.024(1) (m), F.A.C.
(FACILITY RECORDS STANDARDS)
REPEATED CLASS III VIOLATION
18. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
19. During the biennial survey conducted on 11/06/00 and
based on information provided by the facility’s manager, the
Agency found that the facility did not have a current fire
inspection that had been conducted within the last 365 days.
Time give for correction: 12/06/00.
20. During a complaint investigation conducted by the
Agency on 5/03/02 and based on a review of available
documentation, the Agency found that the facility does not
have record of a fire inspection having been conducted in the
last 365 days. Although a diligent search of facility records
was performed by two facility employees, the most recent fire
inspection that had been conducted by the local fire Marshall
was dated 12/08/98, more than 365 days ago. This is a repeat
and uncorrected violation.
21. Based on the foregoing, Sharick’s Deck Retirement
Ranch violated Chapter 400.441(1) (a), Fla. Stat, and/or Rules
58A-5.015(1) (a) (3), Florida Administrative Code, a repeated
and uncorrected Class IIlI violation pursuant to 400.419(1) (c),
Fla. Stat., which carries, in this case, an assessed fine of
$1,000.00.
COUNT IV
SHARICK’S DECK RETIREMENT RANCH FAILED TO MAINTAIN A DAILY UP-
TO-DATE MEDICATION OBSERVATION RECORD (MOR) FOR EACH RESIDENT.
58A-5.0185(5) (b), F.A.C.
(MEDICATION STANDARDS)
REPEATED CLASS III VIOLATION
22. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
23. During the complaint investigation conducted on
4/02/01 and based on review of the Medication Observation
Record, the Agency found that the facility did not maintain a
daily up-to-date medication observation record (MOR) for each
resident.
24, Review of the MOR at 10:45 am on April 2, 2001
revealed that the 8:00 am medications for April 2, 2001 had
not been initialed as having been given. Staff interview
revealed that the medications had been given but staff did not
have time to initial the record. Time given for correction:
5/02/01.
25. During another complaint investigation conducted on
5/03/02 and based on a review of the Medication Observation
Record for 29 residents, the Agency again found that the MOR
was not up-to-date for one resident. One resident had been
admitted to the hospital on 04/20/02, according to staff
members; however, his chart had been marked through 05/04/02,
the day after the survey, to indicate he was still in the
hospital. When asked why such a "future entry” had been made,
the employee in charge of the daily med pass stated, on
05/03/02 at 11:15 a.m., that she had made the entry "so that
the other staff wouldn't write anything there.”
26. Based on the foregoing, Sharick’s Deck Retirement
Ranch violated Rule 58A-5.0185(5) (b), Florida Administrative
Code, a repeated and uncorrected Class III violation pursuant
to 400.419(1)(c), Fla. Stat., which carries, in this case, an
assessed fine of $1,000.00.
COUNT V
SHARICK’S DECK RETIREMENT RANCH FAILED TO KEEP CENTRALLY
STORED MEDICATIONS IN A LOCKED AREA
58A-5.0185(6) (b), F.A.C.
(MEDICATION STANDARDS)
REPEATED CLASS III VIOLATION
27. AHCA re-alleges and incorporates paragraphs (1)
through (5) as of fully set forth herein.
28. During the complaint investigation conducted on
4/02/01 and based on observation at 10:30 am revealed 4 loose
pills laying on a napkin on the kitchen counter, 14 pill
organizers on the kitchen counter, and an unlocked medication
cart. Time given for correction: 5/02/01.
29. During a complaint investigation conducted on
5/03/02 and based on a tour of the facility, centrally stored
medications were not kept locked away from residents at all
times. Upon entry to the facility on 05/03/02 at 10:45 a.m.,
a review was made of the facility's med cart, where the
residents' medications are kept. The cart was locked;
however, placed on top of the med cart, within reach of any
passing individual, was a pill organizer; this pill organizer
contained medications for two residents.
30. Based on the foregoing, Sharick’s Deck Retirement
Ranch violated Rule 58A-5.0185(6) {b) (2), Florida
Administrative Code, a repeated and uncorrected Class III
violation pursuant to 400.419(1)(c), Fla. Stat., which
carries, in this case, an assessed fine of $1,000.00.
COUNT VI
SHARICK’S DECK RETIREMENT RANCH FAILED TO HAVE ALL REGULAR AND
THERAPEUTIC MENUS REVIEWED ANNUALLY BY A REGISTERED DIETITIAN,
LICENSED DIETITIAN/NUTRITIONIST, OR BY A DIETETIC TECHNICIAN,
TO ENSURE THE MEALS ARE COMMENSURATE WITH THE NUTRITIONAL
STANDARDS .
58A-5.020(2) (c), F.A.C.
(NUTRITION AND DIETARY STANDARDS)
REPEATED CLASS III VIOLATION
31. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
32. During the biennial survey conducted by the Agency
on 11/06/00 and based on review of the posted menus and an
interview with the manager, the Agency found that Sharick’s
Deck Retirement Ranch failed to have all regular and
therapeutic menus reviewed annually by a registered dietitian,
licensed dietitian/nutritionist, or by a dietetic technician,
to ensure the meals are commensurate with the nutritional
standards. The last menu review was completed on 11/16/98.
33. During a complaint investigation conducted = on
5/03/02 and based on observation and on review of available
documentation, the Agency found that Sharick’s Deck Retirement
10
Ranch failed to have all regular and therapeutic menus
reviewed annually by a_ registered dietitian, licensed
dietitian/nutritionist, or by a dietetic technician, to ensure
the meals are commensurate with the nutritional standards.
The sole menu available for review, and according to two staff
members interviewed, the most recent menu, was dated 11/00.
This is a repeat violation from the survey of 11/06/00.
34. Based» on the foregoing, Sharick’s Deck Retirement
Ranch violated Rule 58A-5.020(2)(c), Florida Administrative
Code, repeated Class III violation pursuant to 400.419(1) (c),
Fla. Stat., which carries, in this case, an assessed fine of
$1,000.00.
COUNT VII
SHARICK’S DECK RETIREMENT RANCH FAILED TO HAVE/DOCUMENT LEVEL
ONE BACKGROUND SCREENINGS COMPLETED FOR ALL DIRECT CARE STAFF.
400.4275(2), Fla. Stat., and/or 58A-5.019(3), and 58A-
5.024 (2) (a) (3), F.A.C.
(STAFF RECORDS STANDARDS)
REPEATED CLASS III VIOLATION
35. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
36. During the biennial survey conducted on 11/06/00 and
based on review of personnel records and interview with the
manager, the Agency found that Sharick’s Deck Retirement Ranch
failed to have/document level one background screenings
completed for all direct care staff. The Agency found that
ll
staff members #3, #4, and #5 did not have the necessary level
1 background screening in their files. Time given for
correction: 12/06/00.
37. During a complaint investigation conducted on
5/03/02 and based on a review of two employee files, the
Agency again found that Sharick’s Deck Retirement Ranch failed
to have/document level one background screenings completed for
all direct care staff. The file of one direct-care employee
did aot contain any documentation of compliance with level 1
background screening. The file of one currently scheduled
employee, date of application 12/04/01, did not contain any
documentation of any kind, except for her application. This
is a repeat violation from the 11/06/00 survey.
38. Based on the foregoing, Sharick’s Deck Retirement
Ranch violated 400.4275(2), Fla. Stat., and/or Rules 58A-
5.019(3), and/or 58A-5.024(2) (a) (3), Florida Administrative
Code, a repeated Class III violation pursuant to
400.419(1) (c), Fla. Stat., which carries, in this case, an
assessed fine of $1,000.00.
SURVEY FEE
39, Pursuant to Section 400.419(9), Florida statutes,
AHCA may assess a survey fee of $300.50 to cover the cost of
12
conducting complaint investigations that result in the finding
of a violation that was the subject of the complaint or
monitoring visits.
PRAYER FOR RELIEF
WHEREFORE, the Petitioner, State of Florida Agency for
Health Care Administration requests the following relief:
A. Make factual and legal findings in favor of the
Agency on Counts I through VII.
B. Assess and maintain the Agency’s administrative
fine totaling $7,000.00 against Sharick’s Deck Retirement
Ranch on Counts I through VII for the repeated Class III
violations, pursuant to 400.419(1)(c), Fla. Stat.
Cc. Assess and maintain the Agency’s survey fee of
$300.50 against Sharick’s Deck Retirement Ranch, pursuant to
Section 400.419(9), Florida Statutes.
D. 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
13
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 N. W. 53rd Street, Miami, Florida, 33166; Attn: Kathryn
F. Fenske.
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.
Respectfully submitted,
Kathryn F. Fenske, Esq.
Assistant General Counsel
Agency for Health Care
Administration
Florida Bar # 0142832
8355 N. W. 53 Street
Miami, Florida 33166
(305) 499-2165
Copies furnished to:
Patricia Reid Caufman
Field Office Manager
Agency for Health Care Administration
525 Mirror Lake Drive, 4°" Floor
St. Petersburg, FL 33701
(U.S. Mail)
Jean Lombardi
Finance and Accounting
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #14
Tallahassee, Florida 32308
(Inter-office Mail)
Assisted Living Facility Unit Program
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #30
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 Nicolas Antonio Ciccarello,
Administrator, Sharick’s Deck Retirement Ranch, 4506 Bruton
Road, Plant City, Florida 33565, and to Nicolas & Sherri
Ciccarello, 4806 Lonesome Dove Court, Plant City, Florida
~ fa”
33565 on ipurf Fo _, 2003.
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(ij, ———
Sf
as
KatKryn F. Fenske, Esq.
Docket for Case No: 04-004271
Issue Date |
Proceedings |
Mar. 10, 2005 |
Final Order filed.
|
Jan. 21, 2005 |
Order Closing File. CASE CLOSED.
|
Dec. 06, 2004 |
Order of Pre-hearing Instructions.
|
Dec. 06, 2004 |
Notice of Hearing (hearing set for February 9 and 10, 2005; 9:00 a.m.; St. Petersburg, FL).
|
Dec. 03, 2004 |
Order of Consolidation (consolidated cases are: 04-4270, 04-4271, and 04-4272).
|
Dec. 01, 2004 |
Motion to Withdraw filed.
|
Nov. 30, 2004 |
Joint Response to Initial Order and Motion to Consolidate filed.
|
Nov. 23, 2004 |
Initial Order.
|
Nov. 18, 2004 |
Notice of Substitution of Counsel and Request for Service filed.
|
Nov. 18, 2004 |
Administrative Complaint filed.
|
Nov. 18, 2004 |
Election of Rights for Administrative Complaint filed.
|
Nov. 18, 2004 |
Notice of Appearance, Requesting a Hearing filed.
|
Nov. 18, 2004 |
Notice (of Agency referral) filed.
|
Nov. 18, 2004 |
Motion to Re-Open Formal Administrative Proceeding filed.
|