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.
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Docket for Case No: 06-003232
Issue Date |
Proceedings |
Oct. 09, 2006 |
Order Closing File. CASE CLOSED.
|
Oct. 03, 2006 |
Agreed Motion to Close File and Relinquish Jurisdiction filed.
|
Sep. 06, 2006 |
Order Extending Time for Filing Response to Initial Order (response shall be filed by September 29, 2006).
|
Sep. 01, 2006 |
Joint Motion for Extension of Time to Respond to the Initial Order filed.
|
Aug. 25, 2006 |
Initial Order.
|
Aug. 24, 2006 |
Administrative Complaint filed.
|
Aug. 24, 2006 |
Order Relinquishing Jurisdiction filed.
|
Aug. 24, 2006 |
Petition for Formal Administrative Hearing filed.
|
Aug. 24, 2006 |
Notice of Appearance (filed by M. Gennett).
|
Aug. 24, 2006 |
Notice (of Agency referral) filed.
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