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AGENCY FOR HEALTH CARE ADMINISTRATION vs ALLEN HEALTHCARE, INC., D/B/A FIRSTAT NURSING SERVICES, 05-003543 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-003543 Visitors: 6
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: ALLEN HEALTHCARE, INC., D/B/A FIRSTAT NURSING SERVICES
Judges: FRED L. BUCKINE
Agency: Agency for Health Care Administration
Locations: Winter Park, Florida
Filed: Sep. 26, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 5, 2005.

Latest Update: Dec. 25, 2024
STATE OF FLORIDA e AGENCY FOR HEALTH CARE ADMINISTRATION - seo STATE OF FLORIDA KEG Of AGENCY FOR HEALTH BOS BO CARE ADMINISTRATION, BGO, % Pay 4% Petitioner, “ Case No.: 2005006399. vs. ALLEN HEALTHCARE, INC., d/b/a FIRSTAT NURSING SERVICES, — O5- S43 Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Agency for Health Care Administration (hereinafter Agency), by and through the undersigned counsel, and files this Administrative Complaint against, ALLEN HEALTHCARE, INC. d/b/a FIRSTAT NURSING SERVICES, (hereinafter “Respondent”) and alleges: NATURE OF THE ACTION This is an action to impose a fine in the amount of five hundred dollars ($500) pursuant to Sections 400.487(2), 400.484(2), and 400.474 Florida Statutes (2004), and 59A-8.0095(3) and 59A-8.0215(2) Florida Administrative Code. The Respondent was cited with a deficiency in the follow-up variable licensure survey conducted June 29, 2005. The deficiency cited was one uncorrected Class III deficiency. JURISDICTION AND VENUE 1. The Agency has jurisdiction over the Respondent pursuant to Chapter 400, Part IV, Florida Statutes, (2004). 2 Venue lies in Orange County pursuant to 120.57 Florida Statutes (2004), and Chapter 28, Florida Administrative Code (2004). PARTIES 3. The Agency is the enforcing authority with regard to Home Health Agencies pursuant to Chapter 400, Part IV, Florida Statutes (2004) and Rules 59A-8, Florida Administrative Code (2004). 4. Respondent is a Home Health Agency located at 1801 Lee Road, Suite 130, Winter Park, Florida, 32789, having been issued license number 20361096. COUNT I 5. The Agency re-alleges and incorporates (1) through (4) as if fully set forth herein. 6. That pursuant to Florida law, the attending physician for a patient who is to receive skilled care must establish treatment orders which must be signed by the physician within thirty days of the start of care and must be reviewed as frequently as the patient’s illness requires. §400.487(2), Fla. Stat. (2004). In addition, law requires that home health agency staff must follow the physician’s treatment orders that are contained in the plan of care. If the orders cannot be followed and must be altered in some way, the patient’s physician must be contacted and approve of the change. Any verbal changes are put in writing and signed and dated with the date of receipt by the nurse or therapist who talked with the physician’s office. Fla. Admin. Code R. 59A-8.0215(2). Further, a registered nurse must assure that progress reports are made to the physician for patients receiving nursing services when the patient’s condition changes or there are deviations from the plan of care. Fla. Admin. Code R. 59A-8.0095(3). 7. That the Petitioner conducted a variable licensure survey of the Respondent on May 9 through May 12, 2005. 8. That based upon the review of records and interview, the Respondent did not notify the physician of changes to the plan of care for two (2) of fifteen (15) patients reviewed. 9. That the Petitioner’s representative reviewed the Respondent’s records of patient number one. 10. That review of records for patient number one revealed that the patient’s treatment order required daily visits to the patient inclusive of the period May 22, 2004 through June 3, 2004. 11. That the Respondent’s records contained no indicia of daily visits, or attempts to make daily visits, to patient number one during May 22, 2004 through June 3, 2004. 12. That the Respondent’s records contained no indicia that the patient’s physician was contacted regarding this change of or deviation from the patient’s written plan of care or the . physician’s approval of the same. 13. That the Petitioner’s representative interviewed the Respondent’s Director of Professional Services on May 12, 2005, who confirmed the above failures of service provision and physician contact. 14. That the Petitioner’s representative reviewed the Respondent’s records of patient number six. 15. That review of the records for patient number six revealed that the patient’s treatment order required an evaluation of the patient by a skilled nurse and by a physical therapist. 16. That the Respondent’s records of patient number six reflected that the patient had been visited by a skilled nurse on March 4, 2005 and March 11, 2005. 17. That in addition the Respondent’s records reflect that the patient had been visited by the physical therapist on April 4, 7, 12, 14, 18, 22, 26, and 28, 2005. 18. That the patient was discharged from service on May 6, 2005. 19. That the multiple visits and services provided by the skilled nurse and physical therapist are far in excess from the evaluation ordered by the physician. 20. That the Respondent’s records contain no indicia that the patient’s physician was contacted regarding this change of or deviation from the patient’s written plan of care or the physician’s approval of the same. 21. That the Petitioner’s representative interviewed the Respondent’s Director of Professional Services on May 12, 2005 who confirmed the deviation from the patients written treatment orders and the failure to contact and receive appropriate orders regarding such deviations from the patient’s physician. 22, The Agency determined that these deficient practices related to the personal care of the resident that indirectly or potentially threatened the health, safety, or security of the resident and cited the Respondent for a State Class III deficiency. 23. That the Respondent was provided a mandated correction date of June 3, 2005. 24, That on or about June 29, 2005, the Agency conducted the follow-up survey of Respondent. 25. That based upon the review of records and interview, the Respondent agency failed to obtain a signed physician order within 30 days of the start of care for two (2) of five (5) sampled clients. 26. That the Petitioner’s representative reviewed the Respondent’s records for patient’s number three and four. 27. That the Respondent’s records for patient number three reflected the provision of skilled nursing services and a social worker visit during the period of May 25, 2005 through June 29, 2005. 28. That the Respondent’s records for patient number four reflected the provision of skilled nursing services and home health aide visits during the period of May 13, 2005 through June 29, 2005. 29. That the Respondent’s records contained no treatment order for the provision of the services provided to patients numbered three and four, said services having occurred far in excess of the thirty ay period during which written treatment orders of a physician are required. 30. That the Petitioner’s representative interviewed the Respondent’s Director of Nursing Services and the Director of Home Care Services on June 29, 2005 who confirmed the absence of written physician treatment orders as required by law. 31. That the Agency determined that these deficient practices related to the personal care of the resident that indirectly or potentially threatened the health, safety, or security of the resident and cited the Respondent for an uncorrected State Class III deficiency. 32. Respondent was provided a mandated correction date of July 21, 2005. 33. That the same constitutes an uncorrected or repeat Class IIT deficiency pursuant to § 400.484(2)(c), Fla. Stat. (2004). 34, That pursuant to § 400.484(2)(c), Fla. Stat. (2004), the Agency may impose an administrative fine not to exceed $500.00 for each occurrence and each day of an uncorrected Class ITI deficiency. WHEREFORE, the Agency intends to impose a fine in the amount of five hundred dollars ($500) for the uncorrected Class III deficiency as authorized under Sections 400.484(2)(c) and 400.474, Fla. Stat. (2004). Respectfully submitted this / & day of August, 2005. Tyoffias J/Walsh, I, Esq. ‘la. Bay/No. 566365 Counsel for Petitioner Agency for Health Care Administration 525 Mirror Lake Drive, 330G St. Petersburg, FL 33701 727.552.1525 (office) 727.552.1440 (fax) oo Respondent is notified that it has a right to request an administrative hearing pursuant to Section 120.569, Florida Statutes. Specific options for administrative action are set out in the attached Election of Rights (one page) and explained in the attached Explanation of Rights (one page). All requests for hearing shall be made to the Agency for Health Care Administration, and delivered to Agency Clerk, Agency for Health Care Administration, 2727 Mahan Drive, Bldg #3,MS #3, Tallahassee, FL 32308;Tt elephone (850) 922-5873. 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. CERTIFICATE OF SERVICE IHEREBY CERTIFY that a true and correct copy of the foregoing has been served by U.S. Certified Mail, Retum Receipt No. 7004 2890 0004 7600 5244 on August / 4 , 2005 to Corporation Service Company, Registered Agent, 1201 Hays Street, Tallahassee, FL 32301- 2525 and by U.S. Mail to Dennis Allen, Administrator, Firstat Nursing Services, 1801 Lee Road #130, Winter Park, FL 32789. . Walsh I, Esquire Copies furnished to: Corporation Service Co. Dennis Allen Thomas J. Walsh, II, Esquire Registered Agent for Administrator Agency for Health Firstat Nursing Services Firstat Nursing Services Care Administration 1201 Hays Street 1801 Lee Road, #130 525 Mirror Lake Drive, 330G Tallahassee, FL 32301 Winter Park, FL 32789 St. Petersburg, FL 33701 (U.S. Certified Mail) (U.S. Mail) (Interoffice) PAYMENT FORM Agency for Heaith Care Administration Finance & Accounting Post Office Box 13749 Tallahassee, Florida 32317-3749 Enclosed please find Check No. in the amount of $ which represents payment of the Administrative Fine imposed by AHCA. Firstat Nursing Services 2005006399 ee Facility Name AHCA No. “GOMPLETE THIS SECTION, ON DELIVERY ON ers CR ee = Complete items 1, 2, a....3, Also complete item 4 if Restricted Dellvery ts desired. ~* ; iM Print your name and address on the reverse so that we can return the card to you. ™ Attach this-card to the back of the mailpiece, or on the front If space permits. . bn Syarakien Corporation Service Co. Redstered Oxgent Sere Fivetet Nursing Senwices {R01 Hours Greet “Tal\alassees, \ El. B23B0{ ARecalvad by { Bontad Name) CM eec%t_, D. Is delivery address diffrent from tam 1? Yes If YES, enter delivery address below: O No 3. Service Type O Certifled Mall © Express Mail O Registered O Return Recelpt far Merchandise CJ insured Mall 21 6.0.0. 4 Restricted [ Delivery? (Extra Fae) D Yes 2 eowmee 7004 2890 0004 7600. gauy _ 2easdee 344 PS Form 3811, February 2004 102595-02-M-1540, “+ Véty truly'yours, ey a “f. 7 “June 82005 3 een) a : “ orders for visits made on pation’ 46: for. dates 3/04/05: and : sg : a ~ ‘ Bry L ~ ve 4 ot. . J ~_ : r a ‘ tor ‘ a , 2 ner - : we a _ i v - : Los ‘ ete, . mo . / ; 1 _ DennisR. Alles =. 2” os Pa oa ‘Administrator . ; . Lao Pied as we ue - oN ra f oe oan af . _ : epet . Y ! - an “Po gs ot ens 2 ; oS (Y : ~ { \ ae! . . : - . \ » ‘ ~ i : : ° i. 3 . sy 5 ‘| . ¢ ne boos - ~ ‘ "1801, Lee Road # Suite 130 » Winter Park, FL 32789 . - (407) 629- 1100 (888) 242-8642 « FAX (4071. 629-4926 : . i Www firstatoforlado.com: moe . ‘ I . ae

Docket for Case No: 05-003543
Issue Date Proceedings
Jan. 09, 2006 Final Order filed.
Oct. 05, 2005 Order Closing File. CASE CLOSED.
Oct. 04, 2005 Motion to Relinquish Jurisdiction filed.
Sep. 27, 2005 Initial Order.
Sep. 26, 2005 Letter to Firstat from J. Libby concerning second revisit licensure and recertification survey filed.
Sep. 26, 2005 Letter to Firstat from J. Libby concerning revisit licensure and recertification survey filed.
Sep. 26, 2005 Administrative Complaint filed.
Sep. 26, 2005 Request for Administrative Hearing filed.
Sep. 26, 2005 Order of Dismissal without Prejudice Pursuabt to Sections 120.54 and 120.569, Florida Statutes and Rules 28-106.111 and 28-106.201, Florida Administrative Code to Allow for Amendment and Resubmission of Petition filed.
Sep. 26, 2005 Amended Request for Formal Hearing filed.
Sep. 26, 2005 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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