STATE OF FLORIDA AGENCY FOR HEALTH ‘CARE ADMINISTRATION AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, AHCA No. 2005006242 v. Return Receipt Requested: 7002 2410 0001 4234 5681 ALICE SCOTT (OWNER), d/b/a BARNETT ASSISTED LIVING, Ole . O VK Respondent. / 2 ov ADMINISTRATIVE COMPLAINT S no COMES NOW the Agency for Health Care Adm trai ~o (“AHCA"), by and through the undersigned counsel, and %; s thi administrative complaint against Alice Scott (owner, Bb/a Barnett Assisted Living (hereinafter “Barnett Assisted Living"), pursuant to Chapter 400, Part III and Section 120.60, Florida Statutes, (2004), and alleges: NATURE OF THE ACTION 1. This is an action to revoke the license of Barnett Assisted Living pursuant to Sections 400.414(1) (a), or 400.414(1) (e)1, Florida Statutes (2004) 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, Chapter 28-106, Florida Administrative Code. 3. Venue lies in Broward County pursuant to Section 120.57 Florida Statutes, 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 (2004) and Chapter 58A-5 Florida Administrative Code. 5. Barnett Assisted Living operates a 6-bed assisted living facility located at 2310 Nw 6 Street, Pompano Beach, Florida 33069. Barnett Assisted Living is licensed as an assisted living facility under license number 10504. Barnett Assisted Living 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 THE ADMINISTRATOR OF BARNETT ASSISTED LIVING TOTALLY ABANDONED THE RESIDENTS AT 10:15 AM AND DID NOT RETURN TO THE FACILITY UNTIL APPROXIMATELY 1:30 PM Rule 58A-5.019(4) (a)2, Florida Administrative Code Section 400.414(1)(g), Florida Statutes (STAFFING STANDARDS) CLASS I VIOLATION 6. AHCA re-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 7. During a complaint investigation conducted on 6/16/05 and based on observation and interview with the three residents i) on the day of the visit, at approximately 10:15 AM, there were no staff members present, or left in charge of the facility and the residents. The Administrator/owner of the facility totally abandoned the residents at approximately 10:15 AM and did not return to the facility to check on the residents until approximately 1:30 PM. 8. The resident census on the day of the survey was approximately 5 residents, requiring 168 staff hours per week. There was no staff member on duty at the time of the survey. The surveyor was escorted into the facility by a disabled resident who was found sitting outside of the facility at approximately 10:15 AM. The Administrator did not return to the facility or call to check on the residents until after the lunch hour at approximately 1:30 PM. The Administrator stated upon her return that she left the facility to go food shopping, to the Doctor, to the church to get donated food and did this on a regular basis. 9. Residents #1 and #3, when interviewed, stated that the Administrator often leaves the facility and residents unsupervised without any staff members present. These residents reported, during interview, that the Administrator was hospitalized from approximately 6/9/05 to 6/15/05 and no staff member was supervising, providing the required services or assisting the residents. These residents stated upon interview about their meals, that the Administrator's/owner's husband and/or daughter would just come and deliver their meals and leave. The three residents that were present in the facility during the survey and interviewed are disabled, both physically and mentally, and require supervision and assistance at all times. The abandoning of these residents without any supervision, assistance, and food placed them in imminent danger which seriously affected their safety and welfare. 10. Based on the foregoing, Barnett Assisted Living violated Rule 58A-5.019(4) (a)2, Florida Administrative Code, which warrants the revocation of the facility license. COUNT IT BARNETT ASSISTED LIVING FAILED TO ENSURE THAT RESIDENTS’ MEDICATIONS WERE PROPERLY SECURED Rule 58A-5.0185(6) (a), Florida Administrative Code (MEDICATION STANDARDS) CLASS II VIOLATION 11. AHCA re-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 12. During the complaint investigation conducted on 6/16/05 and based upon observations made during tour of the facility on the day of the survey at approximately 11:00 AM, it was revealed that the facility did not ensure that residents’ medications were properly secured. There were no staff members present at the facility to supervise the residents' access to these medications. 13. During the tour of the facility, at approximately 11:00 AM one medication for Resident #1, Vytorin 20mg was found lying on the kitchen counter. Approximately three bottles of medications for the Administrator were found on table in the kitchen area in their bottles unsecured. Resident #1 when interviewed stated that she was told by the Administrator to leave all of her medications on the kitchen counter when she needs them to be reordered. 14. One of the other residents, Resident #4 was diagnosed with Alzheimer's disease, attends an Alzheimer's Day Program part time and in need of supervision. 15. Based on the foregoing, Barnett Assisted Living violated Rule 58A-5.0185(6) (a), Florida Administrative Code, which warrants the revocation of the facility license. COUNT IIL BARNETT ASSISTED LIVING FACILED TO ENSURE APPROPRIATE CARE TO RESIDENTS Rule 58A-5.0182, Florida Administrative Code (RESIDENT CARE STANDARDS) CLASS IIT VIOLATION 16. AHCA re-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 17. During the complaint investigation conducted on 6/16/05 and Based upon interview with Resident #1 and observation and interview with Resident #2, and the Administrator on the day of the survey at approximately 1:30 PM, the facility did not ensure that appropriate care and services were provided to a resident. 18. There was no staff member on duty at the time of the survey. The surveyor was escorted into the facility by a disabled resident who was found sitting outside of the facility at approximately 10:15 AM. The Administrator did not return to the facility or call to check on the residents until after the lunch hour at approximately 1:30 PM. The Administrator stated upon her return that she left the facility to go food shopping and did this on a regular basis. Resident #1 when interviewed stated the Administrator often leaves the facility and residents unsupervised without any staff members present. This resident reported, during interview, the Administrator was hospitalized from approximately 6/9/05 to 6/15/05 and no staff member was supervising, providing the required services or assisting the residents. The resident reported that the Administrator's/owner's husband and/or daughter would just come and deliver food for their meals. The three residents that were present in the facility and interviewed are disabled both physically and mentally disabled and required supervision and assistance at all times. 19. Resident #2 was found to be somewhat confused and threatening. The Broward County's Sheriff's Office had to be called. The resident was found to be smoking in bed and stated his diaper had not been changed since the morning. The resident and the room were malodorous. The Administrator when interviewed by the Adult Protective service investigator stated that this resident was not able to be provided with care by her daughter while she was hospitalized and his diaper changed due to his threatening behavior to her daughter. The residents when interviewed stated he was very dirty and malodorous. 20. Resident #1 was a diabetic and receives daily home health care services from a nurse. This resident was not provided with any fluids and food from morning until the Administrator returned at approximately 1:30 PM. 21. Resident #3 returned from his Day Program by van, is a diabetic, paraplegic, wheelchair bound resident that was not provided with any fluids and food from the time of his return at approximately 12:00 PM until the Administrator returned at approximately 1:30 PM. 22. The temperature outside was over 90 degrees and these diabetic residents did not have any air conditioning, fluids or food until the Administrator returned at approximately 1:30 PM. This neglect directly threatened the physical health, safety, and the security of the residents. 23. Based on the foregoing, Barnett Assisted Living violated Rule 58A-5.0182, Florida Administrative Code, which warrants the revocation of the facility license. CLAIM FOR RELIEF WHEREFORE, the Agency requests the Court to order the following relief: 1. Enter a judgment in favor of the Agency for Health Care Administration against Barnett Assisted Living on Counts I, II and III. 2. Revoke the license for Barnett Assisted Living. 3. Assess costs related to the investigation and prosecution of this matter, if the Court finds costs applicable. 4. 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 (2004). 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 Clerk, Agency for Health Care Administration, 2727 Mahan Drive, MS #3, Tallahassee, Florida 32308. RESPONDENT IS FURTHER NOTIFIED THAT THE FAILURE TO RECEIVE A REQUEST FOR A HEARING WITHIN TWENTY-ONE (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. £ elson E. Rodney, Esq. Fla. Bar 178081 Assistant General Counsel Agency for Health Care Administration Spokane Building, Suite #103 8350 N. W. 52°? Terrace Miami, Florida 33166 8 Copies furnished to: ’ Diane Reiland Field Office Manager Agency for Health Care Administration 1710 Hast Tiffany Drive, Suite 100 West Palm Beach, Florida 33407 (U.S. Mail) Jean Lombardi Finance and Accounting Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice Mail) Assisted Living Facility Unit Program Agency for Health Care Administration 2727 Mahan Drive Tallahassee, Florida 32308 (Interoffice Mail) CERTIFICATE OF SERVICE