Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: TROPICAL HAVEN, INC., D/B/A TROPICAL HAVEN
Judges: ERROL H. POWELL
Agency: Agency for Health Care Administration
Locations: Lauderdale Lakes, Florida
Filed: Nov. 09, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 5, 2008.
Latest Update: Dec. 24, 2024
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, Petitioner, AHCA No.: 2006009991 ,
Return Receipt Requested:
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TROPICAL HAVEN, INC. d/b/a :
TROPICAL HAVEN,
Respondent.
ADMINISTRATIVE COMPLAINT
COMES NOW State of " Plorida, Agency for Health Care
Administration (“AHCA”), by and through the undersigned counsel,
and files this administrative complaint against Tropical Haven,
Inc. d/b/a Tropical Haven (hereinafter “Tropical. Haven”),
‘pursuant to Chapter 429, Part I, and Section 120.60, Florida
Statutes (2006), and alleges:
NATURE OF THE ACTION
1. This is an action to impose an administrative fine of
$23,000.00 pursuant to Sections 429.14 and 429.19, Florida
Statutes (2006), 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 (2006), and Chapter 28-106,
Florida Administrative Code (2006).
3. Venue lies in Broward County pursuant to Section
120.57, Florida Statutes (2006), and Rule 28-106.207, Florida
Administrative Code (2006).
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 429,
Part I, Florida Statutes (2006), and Chapter 58A-5 Florida
Administrative Code (2006).
5. Tropical Haven operates a 26 bed assisted living
facility located at 460 N. w. 4ot Court, Oakland Park, Florida
33309. Tropical Haven is licensed as an assisted living facility
under license number 7480. Tropical Haven 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
TROPICAL HAVEN FAILED TO ENSURE THAT THE PHYSICAL PLANT WAS
CLEAN AND IN GooD REPAIR AND THAT ALL APPLIANCES WERE IN Goop
WORKING ORDER.
RULE 58A-5.023(1) (b), FLORIDA ADMINISTRATIVE CODE
‘(PHYSICAL PLANT STANDARDS)
REPEAT CLASS ITT VIOLATION
6. AHCA re-alleges and incorporates paragraphs (1)
through (5) as if fully set forth herein.
7. Tropical Haven was cited with a Class III deficiency
due to complaint investigation surveys that were conducted on
June 12, 2006, August 18, 2006, and October 10, 2006.
8. A complaint investigation Survey was conducted ‘on June
12, 2006. Based on observation and interview, it was determined
that the facility failed to ensure that the physical plant wag
clean and in good. repair and that all appliances were in good
working order. The findings include the following.
9, Upon tour of the facility conducted at approximately
10:35 AM, accompanied by Employee
plant issues were identified:
10. Apartment #2:
a. The entrance door was
b. The common area walls
c. Bedroom #2: The room
coverings for privacy.
#1, the following physical
dirty.
were in need of paint.
lacked window blinds and/or
d. Bathroom: The bathroom lacked window blinds
and/or coverings for privacy.
11. Apartment #3:
a. The entrance door was dirty.
b. The common area walls were in need of paint and
repair.
c. The window, of the common area lacked blinds
and/or coverings for privacy.
d. 1 of the 2 sofas located in the resident common
area was torn and dirty.
e. Bedroom #1: The room lacked window blinds and/or
coverings for privacy.
£. Bedroom #2: 1 of 4 of the drawers on a dresser
was broken and in need of repair. .
g. Bathroom: The shower control handle has broken.
12. Apartment #4:
a. The entrance door was dirty and in need of
repair. .
b. Quik Krete stucco finish coat was observed stored
in the common area.
c. Bedroom #2: The room lacked window blinds and/or
coverings for privacy. The doorknob was missing; therefore, the
resident's are unable to lock the door for privacy.
d. Bathroom: Approximately 3 tiles over the
tub/shower were missing.
13.. Apartment #5:
a. The entrance door was dirty and the door frame
was in need of repair.
b. Bedroom #1: The room lacked window blinds and/or
coverings for privacy.
c. Bathroom: The tub was very dirty. The shower
curtain was covered with mold.
14. Apartment #6:
a. The entrance door was dirty.
b. Bedroom #2: The wall located next to bed #2
showed signs of decay and mildew.
c. The baseboards surrounding the perimeter of the
room showed signs of decay from moisture. The room lacked window
blinds and/or coveririgs for privacy.
d. Bathroom: The toilet seat lid was detached from
the toilet and lying on the floor next to the toilet and sink.
ea. The light fixture over the sink was missing a
light bulb.
15. Apartment #8:
a. The entrance door was dirty.
b. Bedroom #1: The room lacked window blinds and/or
coverings for privacy. The window contained a strip of gray
masking tape that covered a large crack in the window. The
doorknob was missing enabling the resident of locking the door
for privacy.
16. During an interview with Employee #1, it was reported
that the bathroom of apartment #8 was inoperable.
17. During a tour of the dining room the surveyor observed
a large hole in the wall over the double doors that divide the
dining room and apartment #8.
18. During a later tour of the facility accompanied by the
Administrator at approximately 11:30 AM, the findings were
acknowledged.
19. Upon tour of the facility at approximately 10:35 AM,
accompanied by Employee #1, it was noted that the air
conditioning units were inoperable in Apartment #'s 3 and 4.
20. Upon observation during a tour of Apartment #6, it was
noted the temperature control knob was missing off of the
control panel of the air conditioning unit, which obstructs the _
residents' ability to adjust the air conditioning temperature to
meet their own comfort level.
21. During an interview with the Administrator at
approximately 1:00 PM, the findings were acknowledged.
22. The mandated date of correction was designated as July
12, 2006.
23. A complaint investigation survey was conducted on
August 18, 2006. Based on observation and interview, it was
determined that the facility failed to ensure that the physical
plant was clean and in good repair and that all appliances were
in good working order. The findings include the following.
24. Upon tour of the facility conducted at approximately
12:00 PM on 08/18/06 during the complaint investigation revisit
_ survey accompanied by the Administrator, the following physical
plant issues were identified:
25. Apartment #2:
a. The entrance door was dirty.
b. The common area walls were in need of paint.
c. Bedroom #2: The room lacked window blinds and/or
coverings for privacy.
d. Bathroom: The bathroom jlacked window blinds
and/or coverings for privacy.
26. Apartment #3:
a. The entrance door was dirty.
b. The common area walls were in need of paint and
repair. The window of the common area lacked blinds and/or
coverings for privacy. 1 of 2 the sofas located in the resident
common area was torn and dirty.
c. Bedroom #1: The room lacked window blinds and/or
coverings for privacy.
d. Bedroom #2: 1 of 4 of the drawers on a dresser
was broken and in need of repair.
27.. Apartment #4:
a. The entrance door was dirty and in need of
repair.
b. Multiple bed frames were stored in the resident
common area.
qc. Bedroom #2: The room lacked window blinds and/or
coverings for privacy. The doorknob was missing; therefore, the
resident's are unable to lock the door for privacy.
d. Bathroom: Approximately 3 tiles over the
tub/shower were missing. The toilet seat lid was detached from
the toilet.
‘28. Apartment #5:
a. The entrance door was dirty and the door frame
was in need of repair.
b. A black faux leather sofa had multiple tears.
c. Bedroom #1: The room lacked window blinds and/or
coverings for privacy.
d. Bathroom: The tub was very dirty. The shower
curtain was covered with mold.
29. Apartment #6:
a. The entrance door was dirty.
b. Bedroom #2: The wall located next to bed #2
showed signs of decay and mildew. The baseboards surrounding the
perimeter of the room showed signs of decay from moisture. The
‘room lacked window blinds and/or coverings for privacy.
c. ‘Bathroom: The toilet seat lid was detached from
the toilet and lying on the floor next to the toilet and sink.
The light fixture over the sink was missing a light bulb.
30. Apartment #8:
a. The entrance door was dirty.
b. Bedroom #1: The room lacked window blinds and/or
coverings for privacy. The doorknob was missing enabling the
resident of locking the door for privacy.
31. During an interview with Employee #1, it was reported
that the bathroom of apartment #8 was inoperable.
32. During a tour of the dining room the surveyor observed
a large hole in the wall over the double doors that divide the
dining room and apartment #8.
33. During the exit conference conducted at approximately
12:30 PM, the Administrator acknowledged the findings. .
34. Upon tour of the facility conducted at approximately
-12:00 PM on 08/18/06 during the complaint investigation revisit
survey accompanied by the Administrator, it was noted that the
air conditioning units were inoperable in Apartment #'s 3 and 4.
35. Upon observation during a tour of Apartment #6, it was
noted the temperature control knob was missing off of the
control panel of the air conditioning unit, which obstructs the
residents! ability to adjust the air conditioning temperature to
meet their own comfort level.
36. During the exit conference conducted at approximately
12:30 PM, the Administrator acknowledged the findings. This is
an uncorrected deficiency from the survey of June 12, 2006 and
August 18, 2007.
37. The mandated date of correction was designated as
September 17, 2006.
38. A complaint investigation survey was conducted on
October 10, 2006. Based on gbservation and interview, it was
determined that the facility failed to ensure that the physical
plant was clean and in good repair and that all appliances were
in good working order. The findings include the following.
39. Upon tour of the facility conducted at approximately
10:15 AM on 10/10/06 during the complaint investigation revisit
survey accompanied by Employee #1 and the Manager, the following
physical plant issues were identified: .
40. Apartment #2:
a. The common area walls were in need of paint.
b. Bedroom #2: The room lacked window blinds and/or
coverings for privacy.
c. Bathroom: The bathroom light fixture was missing
the original decorative covering. The light fixture was missing
1 out of 2 light bulbs.
41.. Apartment #3:
a. The common area walls were in need of paint.
b. The common area walls and the entrance door jam
were in need of paint and repair. The window of the common area
lacked blinds and/or coverings for privacy. A ladder was
observed lying on the floor, which presented a potential
"tripping" hazard.
c. Bedroom #1: The room lacked window blinds and/or
coverings for privacy.
d. Bedroom #2: 1 of 4 of the drawers on a dresser
was ‘broken and in need of repair.
42. Apartment #4:
a. The common area walls were in need of paint.
b. A shower chair and bedside commode chair were
stored in the resident common area.
c. Bedroom #2:: The room lacked window blinds and/or
coverings for privacy. The doorknob was missing; therefore, the
resident's are unable to lock the door for privacy.
d. Bathroom: Approximately 3 tiles over the
tub/shower were missing. The light fixture over the sink was
missing a light bulb.
121
43. Apartment. #6:
a. The common area walls were in need of paint.
b. Bedroom #2: The wall located next to bed #2
showed signs of multiple cracks. The walls surrounding the
perimeter of the room showed signs of decay from moisture.
c. Bathroom: The toilet seat lid was detached from
the toilet and lying on the floor next to the toilet and sink.
The light fixture over the sink was missing a light bulb. The
grouting around the perimeter of the tub was in need of repair.
44. Apartment #8:
a. The common area walls were in need of paint.
b. Bedroom #1: The room lacked window blinds and/or
coverings for privacy. The doorknob was missing enabling the
resident of locking the door for privacy. There was a large hole
in the closet door. 4 out of 5 of the drawers on a dresser were
broken and in need of repair.
c. During a tour of the dining room the surveyor
observed a large hole in the wall over the double doors that
divide the dining room and apartment #8.
d. A white faux leather sofa, located in the common
area, contained several holes and tears.
. 45. During the exit conference conducted at approximately
11:00 AM, Employee #1 and the Manager acknowledged the findings.
12
46. Upon tour of the facility conducted at approximately
10:15 AM on 10/10/06 during the complaint investigation revisit
survey accompanied by Employee #1 and the Manager, it was noted
that the air conditioning units were inoperable in Apartment #'s
3 and 4.
47.. Upon observation during a tour of Apartment #6, it was
noted the temperature control knob was missing off of the
control panel of the air conditioning unit, which obstructs the
residents! ability to adjust the air conditioning temperature to
meet their own comfort level.
48. During the exit conference conducted at approximately
11:00 AM, Employee #1 and the Manager acknowledged the findings.
This is an uncorrected deficiency from’ the surveys of June 12,
2006 ‘and August 18, 2006.
49. Based on the foregoing facts, Tropical Haven violated
Rule 58A-5.023(1) (b), Florida Administrative Code, herein
classified as a repeat and uncorrected Class III violation. This
violation warrants a fine of $1,000 per day of violation
pursuant to Sections 429.19(2) (c) and 429.19(4), Florida
Statutes (2006). The total fine was calculated from the
mandated date of correction (9/17/06) to the date of the follow-
up survey (10/10/06) giving rise to a fine of $23,000.00.
13
FACTORS RELEVANT TO RULE 429.19(3), FLORIDA STATUTES (2006)
(a). In regards to the gravity of the violation, including
the probability that death or serious physical or emotional harm
to a resident will result or has resulted, the severity of the
action or potential harm, and the extent to which the provisions
of the applicable laws or rules were violated, the Agency has
considered the following factors: Several of the rooms lacked
window blinds which did not allow residents to have privacy in
their bedrooms. There were doorknobs missing on some of the
doors which did not permit the residents to be able to lock the
doors of their rooms. This hindered the privacy and feeling of
being able to sleep securely. Additionally, the temperature
control doorknobs on air conditioners were missing which
obstructed the residents from being able to adjust the
temperature in their rooms. These factors threatened the
"physical and emotional health, safety and security of the
residents.
(b) In regards to the actions taken by the owner or
administrator to correct violations, the citations in question
were cited on June 12, 2006 and found uncorrected on August 18,
2006 and again on October 10, 2006.
14
(c) In regards to previous violations, Tropical Haven has
been cited as follows:
1. For one Class. III .and’ two Class IV violations for
failure to submit. a preliminary report, a report within 15 days,
and use of half bed rails as physical restrains on April 30,
2006. The facility was fined $700.00 for these violations.
2. For three Class III violations on August 18, 2006
related to physical plant, maintenance. of appliances and failure
‘to comply with dietary standards. . The facility was fined
$1,500.00 for these violations.
(d) In regards to the financial benefit to the facility of
for ‘committing or continuing the violation, it is the Agency’s
position that by: delaying the needed repairs, the facility
. :
obtained a financial benefit.
(e) The licensed capacity of the facility is presently 23
non-Oss residents. At the time of the violations, the licensed
capacity was 13 OSS and 13 non-OSS residents.
CLAIM FOR RELIEF
WHEREFORE, the Agency requests the Court to order the
following relief:
15
1. Enter a judgment in favor of the Agency for Health
Care Administration against Tropical Haven on Count I.
2. Assess an administrative fine of $23,000.00 against
Tropical Haven .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 (2006). 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.
16
IF YOU WANT TO HIRE AN ATTORNEY, YOU HAVE THE RIGHT TO BE
REPRESENTED BY AN ATTORNEY IN THIS MATTER
QLta) SD), Rradespes )
Alba M. Rodriquez, ’Esq.
Fla. Bar No.: 0880175
Assistant General Counsel
Agency for Health Care
Administration
8350 N.W. 52 Terrace - #103
Miami, Florida 33166
Copies furnished to:
Diane Reiland
Field. Office Manager
Agency for Health Care Administration
5150 Linton Blvd. - Suite 500
Delray Beach, Florida 33484
(U.S.°Mail)
Karen Davis
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)
17
CERTIFICATE OF SERVICE
EB ERVILCE
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been furnished by U.S. Certified Mail, Return
Receipt Requested to Gary Smith, Administrator, Tropical Haven,
460 N. W. 4o% Court, Oakland Park, Florida 33309; Gary Smith,
Registered Agent, 5540 Nn. W. 49th Way, Coconut Creek, Florida
33073 on this Tia day of OcTfoten ) , 2007.
mOVIES) PY), Bods.
‘Alba M. Rodriquez, Esq. a y
18
Docket for Case No: 07-005151
Issue Date |
Proceedings |
Jul. 25, 2008 |
Final Order filed.
|
Feb. 05, 2008 |
Order Closing File. CASE CLOSED.
|
Jan. 31, 2008 |
Motion to Close File and Relinquish Jurisdiction filed.
|
Dec. 28, 2007 |
Order of Pre-hearing Instructions.
|
Dec. 28, 2007 |
Notice of Hearing by Video Teleconference (hearing set for March 4 and 5, 2008; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Dec. 07, 2007 |
Response to Initial Order filed.
|
Nov. 16, 2007 |
Notice of Unavailability filed.
|
Nov. 13, 2007 |
Initial Order.
|
Nov. 09, 2007 |
Administrative Complaint filed.
|
Nov. 09, 2007 |
Election of Rights filed.
|
Nov. 09, 2007 |
Order of Dismissal without Prejudice Pursuant to Section 120.569(2)(c), Florida Statutes to Allow Amendment and Resubmisson of Petition filed.
|
Nov. 09, 2007 |
Tropical Haven, Inc., d/b/a Tropical Haven Amended Petition for Formal Administrative Hearing filed.
|
Nov. 09, 2007 |
Notice (of Agency referral) filed.
|