Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: ALTERRA HEALTHCARE CORPORATION, D/B/A ALTERRA STERLING HOUSE OF SPRING HILL
Judges: P. MICHAEL RUFF
Agency: Agency for Health Care Administration
Locations: Brooksville, Florida
Filed: Aug. 29, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 28, 2006.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION —
STATE OF FLORIDA
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Petitioner, O lg - 4 a (o 7
vs. Case No. 2006005788
ALTERRA HEALTHCARE CORPORATION,
d/b/a ALTERRA STERLING HOUSE OF SPRING HILL,
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 ALTERRA HEALTHCARE CORPORATION, d/b/a ALTERRA STERLING HOUSE
OF SPRING HILL, (hereinafter Respondent), pursuant to Section 120.569, and 120.57, Fla.
Stat., (2005), and alleges:
NATURE OF THE ACTION
This is an action to impose an administrative fine in the amount of $1,000.00 based upon
Respondent being cited with one uncorrected State Class III deficiency, pursuant to
§400.419(2}(c) Fla. Stat. (2005).
JURISDICTION AND VENUE
1. The Agency h2s jurisdiction pursuant to §§ 20.42, 120.60 and 400.407, Fla. Stat. (2005).
2. Venue lies pursuant to Fla. Admin. Code R. 28-106.207.
PARTIES
3. The Agency is the regulatory authority responsible for licensure of assisted living
facilities and enforcement of all applicable federal regulations, state statutes, and rules governing
assisted living facilities pursuant to the Chapter 400, Part DI, Florida Statutes, and Chapter 58A-
5 Fla. Admin. Code, respectively.
4. Respondent operates a 50-bed assisted living facility located at 10440 Palmgren Lane,
Spring Hill, Florida 34606, and is licensed as an assisted living facility, license number 9255.
5. Respondent was at all times material hereto a licensed facility under the licensing
authority of the Agency, and was required to comply with all applicable rules and statutes.
COUNT I
6. The Agency re-alleges and incorporates paragraphs (1) through (5) as if fully set forth
herein.
7. That pursuant to Florida law, all staff, hired on or after October 1, 1998, who provide
personal services to residents, must undergo a background screening as required by law, a copy
of which must be maintained in the personnel record of the staff member. Within 10 days of the
employee’s starting work, the facility shall submit to AHCA, inter alia, a completed criminal
history check. Fla. Admin. Code R. 58A-5.019(3). See also, Section 400.4275(2), Fla. Stat.
(2005), R. 58A-5.024(2)(a)(3), Fla. Admin. Code.
8. That on March 1-2, 2006, the Agency conducted a biennial licensure survey including a
Limited Nursing Services and an Extended Congregate Care survey of the Respondent.
9. That besed upon the review of personnel records and interview, the Respondent facility
failed to ensure that three (3) of four (4) sampled employee records contained documentation of
the level 1 background screening. This has a potential to place all residents at risk for abuse.
10. That the Petitioner’s representative reviewed the personnel records for employees
numbered one (1), two (2), and four (4) on March 1, 2006 and noted as follows:
a. That all three employees provided personal services to the Respondent’s
residents;
b. That all three employees had been employed by the Respondent for a period in
excess of ten (10) days;
c. That the personnel files of none of the three employees contained evidence of a
level 1 criminal background screening having been conducted on the employee.
11. That the Petitioner’s representative interviewed the Respondent’s administrator on March
1, 2006 who indicated that she was unaware that the documentation reflecting criminal
background screenings for employees numbered one (1), two (2), and four (4) were not in the
file.
12. That the failure to complete criminal background screenings on employees performing
personal services for residents within ten days of employment and or the failure to maintain
records of the same is in violation of law.
13. That the Agency determined that this deficient practice was related to the personal care of
the resident that indirectly or potentially threatened the health, safety, or security of the resident
and cited Respondent for a State Class III deficiency.
14. That the Agency provided the Respondent with a mandatory correction date of April 2,
2006.
15. That on May 2, 2006, the Agency completed a re-visit to the biennial licensure survey
including a Limited Nursing Services and an Extended Congregate Care survey of the
Respondent.
16. That based upon the review of personnel records and interview, the Respondent facility
failed to ensure that one (1) of four (4) employee personnel records contained documentation of
the level 1 background screening. This has a potential to place all residents at risk for abuse.
17. That the Petitioner’s representative reviewed the personnel records for employees
numbered one (1) May 2, 2006 and noted as follows:
a. That the employee provided personal services to the Respondent’s residents;
b. That the employee had been employed by the Respondent for a period in excess
of ten (10) days;
c. That the personnel file of the employee contained no evidence of a level 1
criminal background screening having been conducted on the employee.
18. That the Petitioner’s representative interviewed the Respondent’s administrator on May
2, 2006 who indicated that she had not requested a level 1 background screening for employee
number one (1) as she thought the employee would resign.
19. That the failure to complete criminal background screenings on employees is mandated
for the protection of Florida’s vulnerable population and is not left to the discretion of employers
based upon factors unrelated to resident safety such as periods of expected retention.
20. That the failure to complete criminal background screenings on employees performing
personal services for residents within ten days of employment and or the failure to maintain
records of the same is in violation of law.
21. That the Agency determined that this deficient practice was related to the personal care of
the resident that indirectly or potentially threatened the health, safety, or security of the resident
and cited Respondent for an uncorrected State Class II deficiency.
22. That the Agency provided the Respondent with a mandatory correction date of May 3,
2006.
23. That the same constitutes an uncorrected Class III deficiency as defined by law, Section
400.419(2)(c) (2005).
WHEREFORE, the Agency intends to impose an administrative fine in the amount of
$1,000.00 against Respondent, an assisted living facility in the State of Florida, pursuant to §
400.419(2)(c), Fla. Stat. (2005).
Respectfully submitted this / day of August, 2006.
omfas J. Walsh II
Fla. Bar. No. 566365
Senior Attorney
Agency for Health Care Administration
525 Mirror Lake Drive, 330G
St. Petersburg, FL 33701
Respondent is notified that it has a right to request an administrative hearing pursuant to Section
120.569, 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,
Bldg #3,MS #3, Tallahassee, FL 32308;Telephone (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
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by
U.S. Certified Mail, Return Receipt No. 7004 2510 0005 4049 1437 on August _/ __, 2006 to:
CT Corporation System, Registered Agent, 1200 South Pine Island Road, Plantation, FL 33324
and by U.S. Mail to Nancy Villani, Administrator, Alterra Sterling House of Spring Hill, 10440
Palmgren Lane, Spring Hill, FL 34608.
i 4s J. Walsh II, Esq.
/
Copies furnished to:
CT Corporation System Nancy Villani, Administrator Thomas J. Walsh II, Esq.
Registered Agent Alterra Sterling House Spring Hill | Agency for Health Care Admin.
1200 South Pine Island Rd | 10440 Palmgren Lane 525 Mirror Lake Drive, 330G
Plantation, FL 33324 Spring Hill, FL 34608 St. Petersburg, FL 33701
(Certified U.S. Mail) (U.S. Mail) (Interoffice)
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Docket for Case No: 06-003267
Issue Date |
Proceedings |
Jan. 04, 2007 |
Final Order filed.
|
Nov. 28, 2006 |
Order of Remand. CASE CLOSED.
|
Nov. 21, 2006 |
Motion to Relinquish Jurisdiction filed.
|
Oct. 17, 2006 |
Notice of Service of Petitioner`s First Set of Interrogatories, Request for Admissions and Request for Production of Documents to Respondent filed.
|
Sep. 18, 2006 |
Notice of Hearing (hearing set for December 5, 2006; 10:00 a.m.; Brooksville, FL).
|
Sep. 05, 2006 |
Response to Initial Order filed.
|
Aug. 30, 2006 |
Initial Order.
|
Aug. 29, 2006 |
Administrative Complaint filed.
|
Aug. 29, 2006 |
Petition for Formal Administrative Proceedings filed.
|
Aug. 29, 2006 |
Notice (of Agency referral) filed.
|