yong STATE OF FLORIDA a. & AGENCY FOR HEALTH CARE ADMINISTRATION 06 lr a Stn f STATE OF FLORIDA, AGENCY FOR Ane Oy, ° Py 4 HEALTH CARE ADMINISTRATION, op Hes OF Ari Petitioner, RINGS VE vs. Case No. 2006005123 ROBERT BRUCE MACCART, d/b/a PLEASANTVIEW RETIREMENT & ALF CENTER, Dlo-4 (44 Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the State of Florida, Agency For Health Care Administration (hereinafter “Agency”), by and through the undersigned counsel, and files this Administrative Complaint against ROBERT BRUCE MACCART, d/b/a PLEASANTVIEW RETIREMENT & ALF CENTER (hereinafter “Respondent”), pursuant to Sections 120.569 and 120.57, Florida Statutes, (2005), and alleges: NATURE OF THE ACTION This is an action to impose an administrative fine in the amount of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) pursuant to Section 400.419(2)(b), Florida Statutes (2005), and a complaint survey fee in the amount of FVE HUNDRED AND N0/100 DOLLARS ($500.00) based upon the existence of one (1) Class [I violation cited during a complaint survey of the Respondent’s assisted living facility. JURISDICTION AND VENUE 1. The Agency has jurisdiction pursuant to Sections 20.42, 120.60 and 400.407, Florida Statutes (2005). 2. Venue lies pursuant to Rule 28-106.207, Florida Administrative Code (2005). PARTIES 3. The Agency is the regulatory authority responsible for licensure of assisted living facilities and enforcement of all applicable statutes and rules governing assisted living facilities pursuant to Chapter 400, Part II, Florida Statutes, and Chapter 58A-5, Florida Administrative Code (2005). 4. Respondent is licensed by the Agency to operate a twenty (20) bed assisted living facility located at 1318 Santa Barbara Blvd., Cape Coral, Florida 33991, having been issued provisional license number 5876, pursuant to Section 400.441(12), Florida Statutes (2005). 5. Respondent was at all times material hereto a licensed assisted 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 One (1) through Five (5) as if fully set forth herein. 7. Pursuant to Section 400.428(1)(a), Florida Statutes (2005), every resident of an assisted living facility has the right to live in a safe and decent living environment, free from abuse and neglect. 8. Pursuant to Section 415.102(15), Florida Statutes (2005), “neglect" means the failure or omission on the part of the caregiver to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, that a prudent person would consider essential for the well-being of a vulnerable adult. The term "neglect" also tv means the failure of a caregiver to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. "Neglect" is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death. 9. Pursuant to Section 415.102(26), Florida Statutes (2005), the term “vulnerable adult” means a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, long-term physical, or developmental disability or dysfunctioning, or brain damage, or the infirmities of aging. 10. Onor about April 10, 2006, the Agency conducted a complaint survey (CCR# 2006003195) of the Respondent’s assisted living facility (hereinafter “Facility”). 11. Based on observation, record review and interview, the Agency determined that the Respondent failed to ensure that each of its residents live in a safe and decent living environment, free from abuse and neglect, in violation of Section 400.428(1)(a), Florida Statutes (2005). 12. Resident #1 is a vulnerable adult as such term is defined in Section 415.102(26), Florida Statutes (2005). 13. A review of Resident #1’s health assessment, dated October 7, 2003, revealed that such resident requires assistance with toileting. 14. Onor about October 7, 2006, at approximately 12:00 a.m., an Agency surveyor observed Resident #1 awake and laying on the edge of his/her bed repeatedly indicating that he/she needed to go to the bathroom. 15. Resident #1 was escorted to the bathroom by a Facility staff member only after an Agency surveyor requested that the staff member do so. 16. | When the Facility staff member took Resident #1 to the bathroom and changed his/her adult brief it was saturated with, and presented a strong odor of, urine. 17. | When Resident #1 was is the bathroom, an Agency surveyor observed the incontinent pad on Resident #1’s bed and noted that it too was saturated with, and presented a strong odor of, urine. 18. Resident #2 is a vulnerable adult as such term is defined in Section 415.102(26), Florida Statutes (2005). 19, A review of Resident #2’s health assessment, dated September 2, 2002, revealed that such resident requires assistance with toileting. 20. Resident #2 is a roommate of Resident #1 and was awake while Facility staff member(s) were assisting Resident #1 with toileting on or about October 7, 2006, at approximately 12:00 a.m. 21. After providing assistance to Resident #1 with his/her toileting needs on or about October 7, 2006, at approximately 12:00 a.m., the Facility staff member was in the process of exiting the room until the Agency surveyor asked the staff member to assist Resident #2 with toileting. 22. When Resident #2 arose from the bed, his/her incontinent pad was saturated with, and presented a strong odor of, urine. 23, When the Facility staff member took Resident #2 to the bathroom and changed his/her adult brief it too was saturated with, and presented a strong odor of urine. 24. In an interview conducted April 7, 2006, at approximately 12:30 a.m., the Facility staff member indicated that she changes adult briefs every two (2) hours and was about to do her rounds prior to the arrival of the Agency surveyor. 25. At the time the Agency surveyors arrived at the Facility on April 7, 2007, that same Facility staff member was observed sitting in a chair in the dining room with her eyes closed. 26. In addition to above, Agency surveyors observed there were multiple piles of dog feces and areas of vomit observed throughout the lanai floor of the Facility, and it appeared that feces had been stepped on in several places. 27. The Respondent’s above-described omissions with regards to the timely toileting assistance for Residents #1 and #2, and above-described inactions with regard to the presence of animal feces and vomit at the Facility, violate the right of Facility residents to live in a safe and decent living environment and/or constitute the neglect of such residents as that term is defined in Section 415.102(15), Florida Statutes (2005). 28. Based upon the above, the Agency determined that the Respondent failed to ensure that each of its residents live in a safe and decent living environment, free from abuse and neglect, in violation of Section 400.428(1)(a), Florida Statutes (2005). 29. The Agency determined that this deficient practice was related to operation and maintenance of the Facility or to the personal care of Facility residents and directly threatened the health, safety, or security of Facility residents. Accordingly, the Agency cited the Respondent for a Class If deficiency pursuant to Section 400.419(2)(b), Florida Statutes (2005). 30. The Agency provided Respondent with a mandatory correction date May 10, 2006. 31. | Respondent’s failure to ensure that each of its residents live in a safe and decent living environment, free from abuse and neglect, in violation of Section 400.428(1)(a), Florida Statutes (2005), as set forth in this count, constitutes grounds for the imposition of an administrative fine in the amount of ONE THOUSAND AND NO/100DOLLARS ($1000.00), pursuant to Section 400.419(2)(b), Florida Statutes (2005). WHEREFORE, the Agency intends to impose an administrative fine in the amount of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) against Respondent, an assisted living facility in the State of Florida, pursuant to Section 400.419(2)(b), Florida Statutes (2005). COUNT I 32. The Agency re-alleges and incorporates Paragraphs One (1) through Five (5) and Seven (7) through Thirty-One (31) as if fully set forth herein. 33. Pursuant to Section 400.419(10), Florida Statutes (2005), the Agency may assess a survey fee, in addition to any administrative fines imposed, equal to the lesser of one half of an assisted living facility’s biennial license and bed fee or FIVE HUNDRED DOLLARS ($500.00), to cover the cost of conducting initial complaint investigations that result in the finding of a violation that was the subject of the complaint. 34. The Agency received a complaint alleging, inter alia, that the Respondent failed to ensure that each of its residents live in a safe and decent living environment, free from abuse and neglect, in violation of Section 400.428(1)(a), Florida Statutes (2005). 35. Onor about April 10, 2006, the Agency conducted a complaint survey (CCR# 2006003195) that resulted in the finding that the Respondent failed to ensure that each of its residents live in a safe and decent living environment, free from abuse and neglect, a violation that was the subject of the complaint. 36. Pursuant to Section 400.419(10), Florida Statutes (2005), such a finding subjects the Respondent to a survey fee equal to the lesser of one half of the Respondent’s biennial license and bed fee or FIVE HUNDRED AND NO/100 DOLLARS ($500.00). 37. One half of the amount of the Respondent’s biennial license and bed fee exceeds FIVE HUNDRED AND NO/100 DOLLARS ($500.00). 38. Respondent is therefore subject to a survey of FIVE HUNDRED DOLLARS AND NO/100 ($500.00), pursuant to Section 400.419(10), Florida Statutes (2005). WHEREFORE, the Agency intends to impose an additional survey fee of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) against Respondent, an assisted living facility in the State of Florida, pursuant to Section 400.419(10), Florida Statutes (2005). Respectfully submitted this 26 ™day of September, 2006. < fia T. Mulligan Fla. Bar. No. 0676543 Senior Attorney Agency for Health Care Administration 525 Mirror Lake Drive North, Suite 330L St. Petersburg, Florida 33701 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. 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;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 THEREBY CERTIFY that a true and correct copy of the foregoing has been served by US. Certified Mail, Return Receipt No. 7005 1160 0002 2254 8122 on September 267 2006 to Robert B. Maccart, Owner/Administrator, Pleasantview Retirement & ALF Center, 1318 Santa Barbara Blvd., Cape Coral, FL 33991. C a T. Mulligan Z Senior Attorney Copies furnished to: Robert B. Maccart Brian T. Mulligan Owner/Administrator Senior Attorney Pleasantview Retirement & ALF Center | Agency for Health Care Admin. 1318 Santa Barbara Blvd. 525 Mirror Lake Drive, 330L Cape Coral, FL 33991 St. Petersburg, Florida 33701 (U.S. Certified Mail) (Interoffice) ME, he live SENDER: COMPLETE THIS SECTION A. Signature X serie Coreg voce ain as B, Recelved by ( Printed Name ECL Date bf Delivery Lie aia aM 5 ere ‘ @ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. @ Print your name and address on the reverse so that we can return the card to you. & Attach this card to the back of the malilplece, or on the front if space permits. . Cl Registered 1] Insured Mail .O.D. Cpe Core a \ A. 339. |] 4 Restricted Dativery? (extra Fee) Yes 2. Article Number 7005 1160 O00¢2¢ 2es4 alee, 7 s hhtrtel ante oe (Transfer from si = PS Form 3811, February 2004 Domestic Return Recaipt OO dgp5g5-98.Me1540 |

Docket for Case No: 06-004194