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
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AGENCY FOR HEALTH CARE ADMINISTRATION -
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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
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Facility Name AHCA No.
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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.
|