49-20 5 7 233 338 2372 P.@3 MAY<18-2887 89:58 AHCA 33 33 STATE OF FLORIDA ELLE py AGENCY FOR HEALTH CARE ADMINISTRATION? #2 22» wy Pit 4, STATE OF FLORIDA, Ap 436 AGENCY FOR HEALTH CARE WeiShieg ADMINISTRATION, Catal Wy iy ‘a Petitioner, vs. Case No. 2007001468 HOLMES REGIONAL MEDICAL O71:3307 CENTER, INC., d/b/a HOLMES REGIONAL MEDICAL CENTER, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, State of Florida, Agency For Health Care Administration (hereinafter “the Agency”), by and through its undersigned counsel, and files this Administrative Complaint against the Respondent, HOLMES REGIONAL MEDICAL CENTER, Inc., d/b/a HOLMES REGIONAL MEDICAL CENTER (hereinafter “the Respondent’), pursuant to Sections 120.569 and 120.57, Florida Statutes (2006), and alleges as follows: NATURE OF THE ACTION This is an action to impose an administrative fine against a hospital in the amount of one thousand dollars ($1,000.00) pursuant to Section 395 -1065, Florida Statutes (2006). JURISDICTION AND VENUE 1. The Court has jurisdiction over the subject matter pursuant to Sections 120.569 and 120.57, Florida Statutes (2006). . 2. The Agency has jurisdiction over the Respondent pursuant to Sections 20.42 and 120.60, Florida Statutes (2006), Chapters 408, Part Il, and 395, Part I, Florida Statutes (2006), and Chapter 594-3, Florida Administrative Code (2006). Me'’> 18-2687 89:58 AHCA 239 338 2372 P.@4 3. | Venue lies pursuant to Rule 28-106.207, Florida Administrative Code. PARTIES 4. The Agency is the licensing and regulatory authority that oversees hospitals in Florida and enforces the applicable federal and state regulations, statutes and rules governing hospitals pursuant to Chapter 408, Part Il, Florida Statutes (2006), Chapter 395, Part I, Florida Statutes (2006), and Chapter 594-3, Florida Administrative Code. The Agency may deny, revoke, suspend a license, or impose an administrative fine against a hospital for the violation of any provision of Chapter 395, Part I, Florida Statutes, or any rule adopted under this part. 5. The Respondent was issued a license by the Agency to operate a $14-bed hospital (License No. 4225) located at 1350 South Hickory Street, Melbourne, Florida 32901, and 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 6. The Agency re-alleges and incorporates by reference paragraphs 1 through S. 7. Under Florida law, a prohibition, except when emergency circumstances require otherwise, against a staff member of the licensed facility attending a patient in the recovery room, unless the staff member is authorized to attend the patient in the recovery room and js in the company of at least one other person. However.a licensed facility is exempt from the two- person requirement if it has: a. Live visual observation; b. Electronic observation; or c. Any other reasonable measure taker to ensure patient protection and privacy. Section 395.0197 1)2, Florida Statutes (2006). 8. On November 16, 2006, the Agency conducted a risk management survey of the Respondent and the Respondent’s Facility. 9. Based on observation and interview, the hospital failed to ensure that 2 people MAY~18-2687 @9:58 AHCA 233 338 2372 P.@5 were present in the post-op Labor and Delivery (L&D) recovery area. 10. The iffitial tour of Holmes Regional Medical Center was conducted on 11/14/06 at approximately 1] a.m. with the Director of Risk Management (DRM). 11. At approximately 11:45 am. during the tour of the L&D department, a small room was noticed adjacent to the triage area with 2 beds. 12. The charge nurse (CN) explained this was the post-op area where patients recover from c-section surgery. 13. There was no nurses' station or desk in this room. 14, When asked how the facility met the 2 person requirement for the recovery area, the CN indicated she did not understand the question. 15. The DRM then explained to the nurse manager (NM) and the CN the 2 person requirement in the recovery area. 16. Both the CN and NM confirmed there was no electronic observation nor a second person in the room during recovery other then a nurse with a ratio of | patient to I nurse. 17. That the Agency cited the Respondent facility for the above referenced deficiency. 18. The Agency provided Respondent with a mandatory correction date of December 7, 2006. . 19. That on December 21, 2006, the Agency conducted a revisit to the Risk Management Survey of the Respondent. 20. That based upon observation and review of policy and interview, the hospital failed to ensure that 2 people were present in the post-op Labor and Delivery (L&D) recovery area for 1 random sampled patient (RS #1). 21. During a tour of L&D on 12/ 21/06 at 2:43 PM, patient RS #1 was observed in a MAN’ -1@-2887 89:58 AHCA 233 338 2372 P.@6 bed in the recovery area. Also in the room was a registered nurse and family members of patient RS#1. Both doors to the unit were closed. There was neither evidence of any other staff members directly observing the patient at the time nor any evidence of electronic observation. 22. Interview with the L&D Manager and the Risk Manager, during the above-stated time period revealed that they include family members as being equivalent to one person of the regulation's requirement for direct observation. 23. An examination of facility policy CP 16.30 revealed the following: “While the patient is in the OB PACU there will be two people in attendance which may include the nurse and a family member or the nurse and another staff member." 24. The Agency cited the Respondent for the above referenced deficiency. 25. The Agency provided Respondent with a mandatory correction date of January 11, 2006. 26. The Agency may deny, revoke, suspend a license, or impose an administrative fine, against a hospital, not to exceed $1,000 per violation, per day, for the violation of any provision of Chapter 395, Part I, Florida Statutes, or any rule adopted under this part. Each day of violation constitutes a separate violation and is subject to a separate fine. § 395.1065 (2)(a), Fla. Stat. (2006). WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, respectfully requests the Court to impose an administrative fine against the Respondent in the amount of $1,000.00. CLAIM FOR RELIEF WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, respectfully requests the Court to grant the following relief: MAY-18-2887 99:58 RHCA 233 338 2372 P.Q?7 1. Enter findings of fact and conclusions of law as set forth in the allegations contained in the administrative complaint. 2. Impose an administrative fine in the amount of one thousand dollars ($1,000.00) against the Respondent. | 3. Order any other relief that the Court deems just and appropriate. om Respectfully submitted this 2." day of Wkaredn 2007. on Mn - Andrea M. Lang, Senior Attorney Florida Bar No. 0364568 Agency for Health Care Administration Office of the General Counsel 2295 Victoria Avenue, #346C Fort Myers, FL 33901-3884 Telephone: (239) 338-3209 Facsimile: (239) 338-2699 NOTICE THE RESPONDENT IS NOTIFIED THAT IT HAS THE RIGHT TO REQUEST AN ADMINISTRATIVE HEARING PURSUANT TO SECTIONS 120.569 AND 120.57, FLORIDA STATUTES. THE RESPONDENT JS FURTHER NOTIFIED THAT IT HAS THE LEGAL RIGHT TO HIRE AND BE REPRESENTED BY AN ATTORNEY IN THIS MATTER. SPECIFIC OPTIONS FOR ADMINISTRATIVE ACTION ARE SET OUT IN THE ATTACHED ELECTION OF RIGHTS FORM. THE RESPONDENT JS FURTHER NOTIFIED IF THE ELECTION OF RIGHTS FORM IS NOT RECEIVED BY THE AGENCY FOR WEALTH CARE ADMINISTRATION WITHIN TWENTY-ONE (21) DAYS OF THE RECEIPT OF THIS ADMINISTRATIVE COMPLAINT, A FINAL ORDER WILL BE ENTERED. . THE ELECTION OF RIGHTS FORM SHALL BE MADE TO THE AGENCY FOR WEALTH CARE ADMINISTRATION AND DELIVERED TO: AGENCY CLERK, AGENCY FOR HEALTH CARE ADMINISTRATION, 2727 MAHAN DRIVE, BLDG 3, MAIL STOP 3, TALLAHASSEE, FL 32308; TELEPHONE (850) 922-5873. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a tme and correct copy of the foregoing has been served to: David E. Mathias, Registered Agent, Holmes Regional Medical Center, Inc., 6450 U.S. Hwy. #1, Rockledge, Florida 32955, by U.S. Certified Mail, Retum Receipt No. 7004 1350 0004 2776 5 MOv- 10-2887 Q3:593 AHCA 0765; and to Christopher S. Kennedy, CEO, Holmes Regional Medical Center, 1350 S. Hickory St., Melboume, FL 32955, by U.S. Certified Mail, Return Receipt No. 7004 1350 0004 2776 am 0772 on this 2 day of Marcy 3007, Copies fumished to: 6450 U.S. Hwy #1 Rockledge, Florida 32955 (U.S. Certified Mail Joel Libby Field Office Manager Hurston South Tower 400 W. Robinson, Suite $309 Orlando, FL 32801 _S. Mail Qrden mL Andrea M. Lang, Senior Attomey David E. Mathias, Registered Agent Holmes Regional Medical Center, Inc. Christopher S. Kennedy, CEO Holmes Regional Medical Center 1350 South Hickory Street Melbourne, Florida 32901 _ U.S. Certified Mail Andrea M. Lang, Senior Attorney Agency for Health Care Administration Office of the General Counsel 2295 Victoria Avenue, #346E Fort Myers, FL 33901-3884 teroffice 239 338 2372 avd MAN’-18-2887 69:58 AHCA 239 338 2372 P.@2 Home | Halp Track & Confirm Search Results Label/Recelpt Number: 7004 2510 0002 0381 9875 Status: Delivered Track & Conform Enter Label/Receipt Number. 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Docket for Case No: 07-002307