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AGENCY FOR HEALTH CARE ADMINISTRATION vs THE FAMILY HOME CARE, INC., 06-003232 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-003232 Visitors: 13
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: THE FAMILY HOME CARE, INC.
Judges: PATRICIA M. HART
Agency: Agency for Health Care Administration
Locations: Miami, Florida
Filed: Aug. 24, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 9, 2006.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, AHCA No.: 2006003006 Return Receipt Requested: Vv. 7002 2410 0001 4237 5725 7002 2410 0001 4237 5732 FAMILY HOME CARE, INC.(THE) d/b/a FAMILY HOME CARE, INC. (THE), Respondent. Oe D2B% ADMINISTRATIVE COMPLAINT COMES NOW State of Florida, Agency for Health Care Administration (“AHCA"), by and through the undersigned counsel, and files this administrative complaint against Family Home Care, Inc. (The) d/b/a Family Home Care, Inc. (The) (hereinafter “Family Home Care, Inc. (The)”"), pursuant to Chapter 400, Part III, and Section 120.60, Florida Statutes, (2005), and alleges: NATURE OF THE ACTION 1. This is an action to impose an administrative fine of $500.00 pursuant to Sections 400.414 and 400.419(1), Florida Statutes (2005) for the protection of public health, safety and welfare, JURISDICTION AND VENUE 2. This .Court has jurisdiction pursuant to Sections 120.569 and 120.57, Florida Statutes (2005) and Chapter 28-106, Florida Administrative Code (2005). 3. Venue lies in Miami-Dade County pursuant to Section 120.57, Florida Statutes (2005) and Rule 28-106.207, Florida Administrative Code (2005). 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 (2005) and Chapter 58A-5 Florida Administrative Code (2005). 5. Family Home Care, Inc. (The) operates a 6-bed assisted living facility located at 4221 W. 5 Lane, Hialeah, Florida 33012. Family Home Care, Inc. (The) is licensed as an assisted living facility under license number 10394. Family Home Care, Inc. (The) 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 FAMILY HOME CARE, INC. (THE) FAILED TO ENSURE THAT STAFF HAD THE REQUIRED IN-SERVICE TRAINING WITHIN 30 DAYS OF EMPLOYMENT. RULE 58A-5.0191(2) (b), FLORIDA ADMINISTRATIVE CODE RULE 58A-~5.0191(11) (a), FLORIDA ADMINISTRATIVE CODE (STAFFING STANDARDS) CLASS III VIOLATION 6. AHCA re-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein. 7. Family Home Care, Inc.' (The) was cited with one (1) Class III deficiency due to a licensure survey that was conducted on December 29, 2005 and February 23, 2006 8. A licensure survey was conducted on December 29, 2005. Based on record review and interview the facility failed to ensure that staff had the required in-service trainings within 30 days of employment. The findings include the following. 9. Record review of employee records on 12/29/2005 at 12:00 PM - 12:30 PM revealed that staff # 1 and staff #2 did not have the required in-service trainings. Staff #1 had been employed at the facility since 11/1/2003 and there was no proof of the hire date for staff #2. The records for staff #1 and staff #2 indicated that the in-service trainings had not been completed. 10. Interview conducted with staff #1 on 12/29/2005 at 3:00 PM revealed that the individual was uncertain if the trainings had been completed and would have to check the documents at home to verify. Staff 1 stated that if it was determined trainings were not completed the administrator would be informed. 11. The mandated date of correction was designated as January 29, 2006. 12. A revisit survey was conducted on February 23, 2006. Based on record review and interview the facility failed to ensure that staff had the required in-service training within 30 days of employment. The findings include the following. 13. Record review of employee records on 2/23/06 revealed that Staff # 1, 2, and 3 did not have the required in-service training for major incidents, adverse incidents or emergency procedures. Upon arrival at the facility Staff #3 was the only staff on-site providing direct care to the residents. 14. Staff #3 contacted Staff #2 via telephone on 2/23/06 at 11:00 a.m. and Staff #2 advised where the personnel folders containing all the available information could be located. This is an uncorrected citation from the survey of December 29, 2005. 15. Based on the foregoing facts, Family Home Care, Inc. (The) violated Rule 58A-5.0191(2) (b), Florida Administrative Code and Rule 58A-5.0191(11) (a), Florida Administrative Code, herein classified as an uncorrected Class III violation, which warrants an assessed fine of $500.00 pursuant to Section 400.419(2) (c). 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 Family Home. Care, Ine. (The) on Count I. 2. Assess an administrative fine of $500.00 against Family Home Care, Inc. (The) on Count I for the violation cited above. 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 (2005). Specific options for administrative action are set out in the attached Election 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. Qhba : ' Ko Alba M. re discreet Assistant General Counsel Agency for Health Care Administration 8350 N.W. 52 Terrace - #103 Miami, Florida 33166 Copies furnished to: Harold Williams Field Office Manager Agency for Health Care Administration 8355 N. W. 53 Street, Miami, Florida 33166 (Interoffice 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 I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail, Return Receipt Requested to Ana M. Hernandez, Administrator, Family Home Care, Inc. (The), 4221 W. 5 Lane, Hialeah, Florida 33012; Pedro L. Hernandez, 4221 W. 5 Lane, Hialeah, Florida 33012 on this a aay of Opt , 2006. Qbbo5 a. oduitgeean Alba M. Rodrig Aad @ Complete items 1, 2, and 3. Also complete ! _ item 4 if Restricted Delivery is desired.: |. n CERTIFIED MAIL, REC Ties your name and address on the reverse [ rt so that we can return the card to you. Be d | its] Attach this card to the back of the mailplece, : pve { rt or on the front if space permits. : D, Is delivery address different from item 1? 1 Yes ou EYES, enter delivery address below: © _[1.No a a El natant Seed ament Requirar (Endorsement Fe Yaar U5 daw cme \ead a a. anja Tipe lorsem ~ ~ ” gq tea Qoan, FQonriAn) 4ap (le OG Certified Mait [1 Express Malt TU yatal Postage & Fees : O Registered © Aatum Recelpt for Merchandise - Clinsurad Mat £1 €.0.D. wu ‘ . co i . Pee nn Tee af ements owe 4. Resticted Delivery? (Extra Fee) O Yes a . . ‘ : . | sa f Gon, F 7O0e 2410 poo es? 2) ~ SANEOO RL. : ‘2AGPALOS-7-0805 PS Form 3800, June 2002: PiiP ply Domestic Retum Receipt Conn “U:S. Postal Servicem CERTIFIED MAIL« RECEIPT ru qn (Domestic Mail Only;.No Insurance Coverage Provided) na For delivery information visit our website SECTION COMPLETE THIS SECTION ON DELIVERY tn FFIC1 A (Bae _ ru s and 3. Also complete A Pr. te yy Z je Se reverse ott a ipertifled Feo uC Rapp : a Return Reclept Fea h this car piece, 1 (Endorsemant Required) | | tron the front D. ig delivery address different from sant Rowe , delivery address below: endorsement Roqired) 77 Anlele Addressed 10: HYES, enter delivery ox TU Total Postage & Fees is e. Q i L. \Yemnondy fu o S Penn J. hentiondi,.. waar uw 5 dom ” —— Ale ¥ 3. Service Type 42) i Adm, endear. Florio 2260 Save xe ak ; CI Registered i Retum Recelpt for Merchandise Bo insured Mail 1c.0.D. | aa ~ 2 = Igticted Dallvary? (Extra Fea) C1 Yes = sain Ot 573 aT aope 24vin 0002 Lee - of — : ee AT rene 2 (Transfer from service abel) | — ar 1,‘Au ri Te Aetum Receipt ‘ PS Form 3811, August 2001 5 * Domestic Rel G é.

Docket for Case No: 06-003232
Source:  Florida - Division of Administrative Hearings

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