SLED enn ne ec O7 MAR 39 Puyo sete - STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATIQN( Nien ‘sive ; ia A i STATE OF FLORIDA, EARINGS AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, Ol . | Uf ce vs. Case No. 200601 1012 MORTON PLANT HOSPITAL ASSOCIATION, INC, d/b/a MORTON PLANT NORTH BAY HOSPITAL, SBE ar = sgt Respondent. ; COMES NOW the Agency For Heatth Care Administration (hereinafter “Agency"), by and through the undersigned counsel, and fies this Administrative Complaint against Morton Plant Hospital Association, Inc., d/b/a Monon Plant North Bay Hospital (hereinafter “Respondent”), pursuant to §§ 120.569 and 120.57, Fla. Stat, (2006), and alleges: NATURE OFTHE ACTION = | This is an action to impose an administrative fine in the amount of one thousand dollars (%},000,00) pursuant to §§ 20.569, 120.5 7, and 395.1065, Fla. Stat. (2006). J ICT 1. The Agency has junsdiction pursuant to Chapter 395, Part I, Fla. Stat. (2006). 2. Venue lies pursuant to Fla. Admin. Code R. 28-106.207. . PARTIES 3. ‘The Agency is the regulatory authority with regard to hospital licensing and Yegulation pursuant to Chapter 395, Part 1. Fla, Stat. (2006), and Chapter 94-3, Fis. Admin. Code, EXHIBIT A respectively. 4 Respondent is a hospital located at 6600 Madison Street, New Port Richey, Florida 34652, and is licensed under Chapter 195, Pan (, Fla, Stat. and Chapter 594-3, Fla, Admin. Coda, license number 4216. 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 forth herein. ; 7. Pursuant to § 398. 1041(3), Fila. Stat. (2006) and Fis. Admin. Code R, 59A-3.255(4)(a), every hospital providing emergency Services shall ensure the provision of services within the service capability of the hospital, twenty four hours per day, seven days per week, sither directly or indirectly, through, an agreement with another hospital made prior to receipt of a paticnt in need of the service, an agreement with one or ™ore physicians made prior to receipt of a patient in need of the 4 service, any other arrangement made Prior to receipt of a patient in need of the Service. : 8 On Novernber 15, 2006, the Agency conducted a complains i investigation: CCR # 2006009954 of the Respondent. 9. Based on record review, document review and alaff interview, it was determined that the facility failed to ensure needed services were provided at all times either directly or through an agreement or arrangement with another hospital or physician to provide the service for one of twenty patients. 6. The Agency re-alleges and incorporates Paragraphs one (1) through five (SVs if fully set’! = Sak 10. ~ Review of the medical record c of £ Patient #8 revealed that the paticnt presented to the _ Respondent's Emergency Department (ED) on 10/30/06. , 11. The patient was trieged and provided g Medical Screening Examination which revealed heavy uterine bleeding and a low hemoglobin and hematocnt. 12. The patient was evaluated by an Internal Medicine Physician in addition to the ED Physician, and it was detormined that the patient's condition required medical stabilization by a gynecology physician. : 13. The Respondent's inventory, for licensing purposes, required that aynecoldgy services be provided within it emergency services, 14. Review of the Respondent's on-call schedule for 10/30/06, revealed that there was no ‘synscologist scheduled that day. os 15. Record review revealed that the patient was transferred to Helen Ellis Memorial Hospital, albeit the Respondent has no transfer agreement with Helen Ellis Memorial Hospital. 16. During interview on } 1/15/06, the Director of Nursing disclosed, and confirmed, thet the Respondent does not have Tequisite transfer or physician's agreements to provide gynecology services when there is no on-site coverage for such services. (17. The Agency determined this deficient practice was in violation of § 395.1041(3)(d), Fla. Stat. (2006) and Fla. Admin. Code R. 59A-3.255(4)(a). 18. The Agency provided Respondent with a mandatory correction date of 12/15/06 for this deficient practice. 20, Pursuant to § 395.106$(2){a) Fla, Stat (2006), and considering the factors listed § 395,1065(2)(b) Fla. Stat. (2006), the above-cited deficiency subjects the Respondent to the imposition of an administrative fina in the amount of $1,000.00, _ WHEREFORE, the Agency intends to impose an administrative fine in the asnount of $1,000.00 against Respondent. a hospital in the State of Florida, pursuant to § 395.1065(2)(a) Fla. Star. (2006). ‘ . a EN Respectfully subraitied this 2007.. - Pa ez) Fla. Bar, No. 559334 Agency for Health Care Administration. . 7 325 Mirror Lake Drive, 330K ” St. Petersburg, Florida 33701 (727) $52-1526 (office) (727) 552-1440 (fax) Pickettg@ahca.myflorids.com . Respondent is notified that it hes a right to request en administrative hearing pursuant to Section 120.569, Flonda Statutes. Specific options for administrative action are sel out in the attached Explanation of Rights. All requests for hearing shal) 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, Florida 32308. Telephone (850) 922-5873 CERTIFICATE OF SERVICE THEREBY CERTIFY, that a nie and Correct copy of the foregoing has been served by U.S Certified Mail. Rerum Receipt No. 7005 1160 0002 2254 8467 to: Emil C. Marquardt, Jr. Registered Agent, Morton Plant Hospital Association, Inc, d/o/a Morton Plant North Bay Hospital, MacFarlane, Ferguson & McMullen, 625 Court Street, 2" Floor, j 33756 on February <2 _, 2007. . Gy oo ~ 7 f i) i? "he L Copies furnished to: Emil C. Marquardt, Ir. Registered Agent Morton Plant Hospital Association, Inc, Gerald L. Pickett, Esquire Agency for Health Care Administration ; 525 Mirror Lake Dnve, 330K d/b/a Morton Plant North Bay Hospital St. Petersburg, Floridg 33701 MacFarlane, Ferguson & McMullen (interoffice) 625 Court Sirest, 2™ Floor Clearwater, Florida 33756 8. Contified Mail)

Docket for Case No: 07-001485