Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: ALTERNATE FAMILY CARE, INC., D/B/A PINEWOOD GROUP HOME
Judges: JEFF B. CLARK
Agency: Agency for Health Care Administration
Locations: Melbourne, Florida
Filed: Oct. 16, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 4, 2009.
Latest Update: Jan. 27, 2025
STATE OF FLORIDA el L E D
AGENCY FOR HEALTH CARE ADMINISTRATION hf
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STATE OF FLORIDA, - 16 PH 3:
AGENCY FOR HEALTH CARE \ » “] s) 4 Di VISION g
ADMINISTRATION, - OS rR AT) VE
GS
Petitioner,
vs. Case No. 2008007513
ALTERNATE FAMILY CARE, INC.
d/b/a PINEWOOD GROUP HOME,
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, ALTERNATE FAMILY CARE, INC. d/b/a PINEWOOD
GROUP HOME (hereinafter “the Respondent”), pursuant to Sections 120.569 and 120.57,
Florida Statutes (2007), and alleges:
NATURE OF THE ACTION
This is an action to impose an administrative fine against a residential treatment center
for children and adolescents in the amount of ONE THOUSAND FIVE HUNDRED DOLLARS
($1,500.00) pursuant to Section 394.879(4), Florida Statutes (2007) based upon three (3)
uncorrected violations.
JURISDICTION AND VENUE
1. The Court has jurisdiction over the subject matter pursuant to Sections 120.569 and
120.57, Florida Statutes (2007).
2. The Agency has jurisdiction over the Respondent pursuant to Sections 20.42 and 120.60
and Chapters 408, Part II, and 394, Part IV, Florida Statutes (2007).
3. Venue lies pursuant to Rule 28-106.207, Florida Administrative Code.
PARTIES
4. The Agency is the licensing and regulatory authority that oversees residential treatment
centers and enforces the applicable federal and state regulations, statutes and rules governing
such facilities. Chapter 408, Part II, and Chapter 394, Part IV, Florida Statutes (2007); Chapter
65E-9, Florida Administrative Code. The Agency may deny, suspend or revoke a license or
impose reasonable restrictions on any portion of a license issued to a residential treatment center.
Sections 408.813, 408.815, 394.902, Florida Statutes (2007). The Agency may also impose an
administrative penalty on any licensee that violates the rules adopted for residential treatment
facilities. Section 394.879(4), Florida Statutes (2007).
5. The Respondent was issued a license by the Agency (License No. 6) to operate an eight
(8) bed residential treatment center for children and adolescents located at 4055 Pinewood Road,
Melbourne, Florida 32935, and was required at all material times to comply with the applicable
federal and state regulations, statutes and rules governing residential treatment facilities.
COUNT I
The Respondent Failed Ensure That The Individual Record For Each Resident Contained
The Required Items In Violation of Rule 65E-9.006(12)(b) and (c), Florida Administrative
Code
6. The Agency re-alleges and incorporates by reference paragraphs one (1) through five (5).
7. Pursuant to Florida law, the provider shall develop an individualized record for each
child. The form and detail of the records may vary but shall, at a minimum, include:
1. Identification and contact information, including the child's name, date of birth, Social
Security number, gender, race, school and grade, date of admission, and the parent or guardian’s
name, address, home and work telephone numbers;
2. Source of referral;
3. Reason for referral to residential treatment, e.g., chief complaint, presenting
problem(s);
4. Record of the complete assessment;
5. DSM diagnosis;
6. Treatment plan;
7. Medication history;
8. Record of medication administered by program staff, including type of medication,
dosages, frequency of administration, persons who administered each dose, and method of
administration;
9. Documentation of course of treatment and all evaluations and examinations, including
those from other facilities, such as emergency rooms or general hospitals;
10. Progress notes;
11. Treatment summaries;
12. Consultation reports;
13. Informed consent forms;
14. A chronological listing of previous placements, including the dates of admission and
discharge, and dependency and delinquency actions affecting the minor's legal status;
15. Written individual education plan for the child, when applicable;
16. The discharge summary, which shall include the initial diagnosis, clinical summary,
treatment outcomes, assessment of child's treatment needs at discharge, the name, address and
phone number of person to whom the child was discharged and follow-up plans. In the event of
death, a summary shall be added to the record and shall include circumstances leading to the
death. All discharge summaries shall be signed by the clinical or medical director;
17. For out of state children, copies of completed interstate compact ICPC 100A and
ICPC 100B forms (February 2002) and a copy of each Interstate Compact Transmittal
Memorandum and any attachments thereto that were sent to the Residential Treatment Center by
the Department of Children and Families Interstate Compact on the Placement of Children
Office;
18. Documentation of any use of restraint, seclusion or time out;
19. A copy of each incident report that includes a clear description of each incident; the
time, place, and names of individuals involved; witnesses; nature of injuries, if any; cause, if
known; action(s) taken; a description of medical services provided, if any; by whom such
services were provided; and any steps taken to prevent a recurrence. Incident reports shall be
completed by the individual having first hand knowledge of the incident, including paid and
volunteer staff, emergency or temporary staff, and student interns; and
20. Documentation that all of the various notices and copies required by Florida
Administrative Code Rules were properly given.
Rule 65E-9.006(12)(b), Florida Administrative Code.
Records of discharged children shall be completed within 15 business days following
discharge. Rule 65E-9.006(12)(c), Florida Administrative Code.
8. On or about March 11, 2008 the Agency conducted a Complaint Investigation
(#2008002968) of the Respondent’s facility.
9. Based on record review and interview, the facility failed to ensure that the individual
record for each resident contained the required items for four (4) of five (5) sampled residents,
Resident number two (2), Resident number three (3), Resident number four (4), and Resident
number five (5), currently residing in the facility and one (1) discharged resident, Resident
number one (1).
10. A review of Resident number two’s (2) red folder and blue notebook revealed that the
facility did not have progress notes documenting behaviors, incidents or the use of physical
restraints, visitation plan or schedule with family/foster family, progress notes, treatment
summaries, and treatment plan.
11. A review of Resident number three’s (3) red folder and blue notebook revealed that the
facility did not have progress notes documenting behaviors, incidents or the use of physical
restraints or visitation plan or schedule with family/foster family, progress notes, treatment
summaries, and treatment plan.
12. A review of Resident number four’s (4) red folder and blue notebook revealed that the
facility did not have progress notes documenting behaviors, incidents or the use of physical
restraints or visitation plan or schedule with family/foster family, progress notes, treatment
summaries, and treatment plan.
13. A review of Resident number five’s (5) red folder and blue notebook revealed that the
facility did not have progress notes documenting behaviors, incidents or the use of physical
restraints or visitation plan or schedule with family/foster family, progress notes, treatment
summaries, and treatment plan. Neither file contained contact information for the parent of
Resident number five (5) with court authorized visitation. The Daily Summary for March 8,
2008 documented Resident number five (5) was on a home visit. An interview with the therapist
at 2:50 p.m. on March 11, 2008 revealed that he was unaware that the contact information was
not in the file. The therapist asked the shift supervisor where the contact information was
located and he indicated it was on a phone sheet in the staff office. The shift supervisor was also
unable to explain why it was not in the red folder or blue notebook.
14. A review of Resident number one’s (1) red folder and blue notebook was not possible
because they were returned to the case manager after the resident was discharged on March 4,
2008 upon turning eighteen (18). The facility did have the Daily Summary dated March 2, 2008
and March 3, 2008 that indicated the resident was on an overnight home pass.
15. An interview with the shift supervisor on March 11, 2008 at 1:00 p.m. revealed that the
red folder was assembled by the provider when a new resident was admitted. The shift
supervisor stated that the red folder was supposed to contain the health assessment, school
records, immunization records, court orders, contact information for family and case managers,
Medicaid numbers, and birth certificates. The shift supervisor stated that the blue notebook was
supposed to follow the child from placement to placement and be a chronological history of the
child. The shift supervisor stated that many times the blue notebook was not provided at the
same time the child was admitted and that as a result he had difficulty getting the physical
examination completed timely. The shift supervisor confirmed that the red folder and blue
notebook were the only clinical records he was aware of for each resident. The shift supervisor
confirmed that not all of the red folders contained all of the required information. The shift
supervisor also stated that progress notes were not written on each resident. The shift supervisor
stated that the direct care staff completed a behavior scale and a shift report for each resident
daily. When asked where the behavior scale and shift reports were kept, the shift supervisor
stated that the behavior scales were maintained in a separate binder and that the shift reports
were sent to the company headquarters on a weekly basis for billing purposes.
16. A review of the behavior scale revealed that all residents were maintained on the same
scale. The form was set up as a spreadsheet with behaviors listed in a column on the left side
and resident initials across the top in separate columns. Direct care staff used check marks to
indicate the behaviors exhibited by each resident during the day. If a resident was at school or
out of the facility on a home pass that was indicated by writing an "s" or "hp" in the column.
The shift supervisor stated that the 7:00 a.m.-3:00 p.m. shift used the form to indicate behaviors
before the residents left for school. The 3:00 p.m.-11:00 p.m. shift utilized the scale more than
the other shifts. The binder contained several months worth of behavior scales. The shift
supervisor confirmed that staff did not write a corresponding note in the clinical record of the
resident and stated that the only records they had were the red folder and blue notebook. The
facility still had the shift reports for the week of March 2, 2008. On the shift reports staff
documented if the resident completed his/her chores, any problems and any education/training
provided to residents. The shift supervisor confirmed that the shift reports were being sent to
headquarters for billing purposes. The shift supervisor did not know what happened with them
after they were sent to headquarters.
17. An interview with the program coordinator at 4:15 p.m. on March 11, 2008 revealed that
he was aware the files were not complete. The program coordinator asked what he was supposed
to do when the placement agencies did not provide all of the required information. The program
coordinator confirmed that the shift reports were sent to headquarters for billing purposes and
that he thought they were archived at that point. When asked if there was another file for each
resident with progress notes, documentation related to physical restraint use, and contact
information for parents the program coordinator did not respond.
18. The Respondent’s actions and/or inactions constituted a violation of Rule 65E-
9.006(12)(b) and (c), Florida Administrative Code.
19. The Agency cited the Respondent for a violation of Rule 65E-9.006(12)(b) and (c),
Florida Administrative Code.
20. The Respondent was given a mandatory correction date of April 1, 2008.
21. On or about May 7, 2008, the Agency conducted a Follow-Up Survey to the Complaint
Investigation (#2008002968) of March 11, 2008 of the Respondent’s facility.
22. Based on record review and interview, the facility failed to ensure that the individual
record for each resident contained the required items for one (1) of three (3) sampled residents
currently residing in the facility, Resident number one (1).
23. A review of Resident number one’s (1) record revealed that the resident was admitted to
the facility on March 13, 2008. A review of the record revealed no documentation of treatment
plans. An interview with the therapist on May 7, 2008 at 2:00 p.m., revealed that he had not
completed a treatment plan for Resident number one (1).
24. The Respondent’s actions and/or inactions constituted a violation of Rule 65E-
9.006(12)(b), Florida Administrative Code.
25. The Respondent’s violation constitutes an uncorrected violation as provided by law.
26. Pursuant to Florida law, in accordance with Part II of Chapter 408, Florida Statutes, the
Agency may impose an administrative penalty of no more than $500.00 per day against any
licensee that violates any rule adopted pursuant to Section 394, Florida Statutes, and may
suspend or revoke the license or deny the renewal application of such licensee. In imposing such
penalty, the Agency shall consider the severity of the violation, actions taken by the licensee to
correct the violation, and previous violations by the licensee. Section 394.879(4), Florida
Statutes (2007).
WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, _
intends to impose an administrative fine against the Respondent in the amount of FIVE
HUNDRED DOLLARS ($500.00) pursuant to Section 394.879(4), Florida Statutes (2007).
COUNT I
The Respondent Failed To Ensure A Complete Admission Package Was Obtained For
Residents Upon Admission In Violation Of Rule 65E-9.008(7), Florida Administrative Code
27. The Agency re-alleges and incorporates by reference paragraphs one (1) through five (5).
28. Pursuant to Florida law, the provider shall require documentation in the child’s admission
packet, including:
(a) The child’s parent or guardian has given expressed and informed consent to
treatment;
(b) A funding source has been secured for the expected duration of the treatment. If the
Department of Children and Families is the funding source, there shall be written authorization
from the Department of Children and Families mental health program office that approved the
. funding;
(c) The admission packet shall request the identification of a discharge placement for the
child upon their completion of treatment and the identification of a contact person who will
participate in treatment and discharge planning;
(d) The location of the parent or legal guardian or court ordered custodian with
responsibility for medical and dental care, including consent for medical and surgical care and
treatment and a statement signed by the parent or legal guardian, and a copy given to the parent
or legal guardian, requiring the parent or legal guardian to notify the provider of any change in
the parent’s or legal guardian’s address or telephone number;
(e) Order of court commitment or a voluntary placement agreement with parents,
guardian, or legal custodian;
(f) Arrangements for family participation in the program, including phone calls and visits
with the child;
(g) Arrangements for clothing and allowances;
(h) Arrangements regarding the child leaving the facility with or without the clinical
director’s consent;
(i) Written policies specifying the child’s rights as defined in Rule 65E-9.012, Florida
Administrative Code;
(j) Written acknowledgment of receipt and understanding by the parent or legal guardian
and guardian ad litem of the provider’s policy regarding the use of restraint or seclusion during
an emergency safety situation;
(k) Psychiatric and psychological evaluations with diagnosis and prior treatment history
and psychosocial evaluations, including family relationships, legal status and prior placement
history;
(1) Educational evaluation, including current individual education plan and school
placement; and
(m) Medical information, including a listing of current medications:
1. If a physical examination was not performed within the ninety (90) days: prior to
admission and documentation of such examination was not provided, a physical examination by
a licensed physician shall be initiated within twenty-four (24) hours of admission;
2. The child's medical history;
3. Written consent from the child's parent or guardian for the provider to authorize
routine medical and dental procedures for the child, and to authorize emergency procedures
when written parental consent cannot be obtained; and
4. Immunization status and completion according to the U.S. Public Health Service
Advisory Committee on Immunization Practices and the Committee on Control of Infectious
Diseases of the American Academy of Pediatrics. Rule 65E-9.008(7), Florida Administrative
Code.
29. On or about March 11, 2008 the Agency conducted a Complaint Investigation
(#2008002968) of the Respondent’s facility. |
30. Based on record review and interview, the facility failed to obtain a complete admission
packet for four (4) of five (5) sampled residents at the time of admission, Resident number two
(2), Resident number three (3), Resident number four (4), and Resident number five (5).
10
31. A review of the red folder and blue notebook for Resident number two (2), Resident
number three (3), Resident number four (4), and Resident number five (5) revealed that each
admission packet was incomplete. Resident number two’s (2), Resident number three’s (3),
Resident number four’s (4), and Resident number five’s (5) records did not contain
documentation signed by the parent or legal guardian indicating that all changes in contact
information, address and phone number were to be provided to the facility, arrangements for
family participation in the program that included phone calls and visits, and signed
acknowledgment of the restraint policy. An interview with the program coordinator at 4:15 p.m.
on March 11, 2008 revealed that the case managers did not always provide the facility with a
completed admission packet. The program coordinator had no reply when asked what the
facility did in those cases.
32. The Respondent’s actions and/or inactions constituted a violation of Rule 65E-9.008(7),
Florida Administrative Code.
33. The Agency cited the Respondent for a violation of Rule 65E-9.008(7), Florida
Administrative Code.
34. The Respondent was given a mandatory correction date of April 1, 2008.
35. On or about May 7, 2008, the Agency conducted a Follow-Up Survey to the Complaint
Investigation (42008002968) of March 11, 2008 of the Respondent’s facility.
36. Based on record review and interview, the facility failed to have all required admission
documentation in the records of two (2) of three (3) sampled residents, Resident number two (2),
and Resident number three (3).
37. A review of Resident number two’s (2) record revealed that the resident had been
admitted to the facility on December 10, 2007. A review of the record revealed no
documentation of:
11
38.
Informed consent to treatment.
A funding source.
Discharge placement identification.
The location of the parent or legal guardian or court ordered custodian.
Consent for medical and surgical care.
A statement requiring the parent or legal guardian to notify the provider of any change in
address or telephone number.
An order of court commitment or voluntary placement.
Arrangements for family participation.
Asrangements for clothing and allowances.
Arrangements regarding the child leaving the facility with or without the clinical
director's consent.
A written acknowledgement of receipt and understanding by the parent or legal guardian
and guardian ad litem of the provider's policy regarding the use of restraint during an
emergency safety situation.
A written consent from the child's parent or guardian for the provider to authorize routine
medical and dental procedures for the child and to authorize emergency procedures when
written parental consent cannot be obtained.
A review of Resident number three’s (3) record revealed that the resident had been
admitted to the facility on December 27, 2007. A review of the record revealed no
documentation of:
Informed consent to treatment.
A funding source.
12
39.
Discharge placement identification.
The location of the parent or legal guardian or court ordered custodian.
Consent for medical and surgical care.
A statement requiring the parent or legal guardian to notify the provider of any change in
address or telephone number.
An order of court commitment or voluntary placement. Arrangements for family
participation.
Arrangements for clothing and allowances.
Arrangements regarding the child leaving the facility with or without the clinical
director's consent.
A written acknowledgement of receipt and understanding by the parent or legal guardian
and guardian ad litem of the provider's policy regarding the use of restraint during an
emergency safety situation.
A written consent from the child's parent or guardian for the provider to authorize routine
medical and dental procedures for the child and to authorize emergency procedures when
written parental consent cannot be obtained.
An interview with the program coordinator and the therapist on May 7, 2008 at 2:00 p.m.
revealed that the admission paperwork is sent to the child's case manager for completion and is
not always returned promptly.
40.
The Respondent’s actions and/or inactions constituted a violation of Rule 65E-9.008(7),
Florida Administrative Code.
41.
42.
The Respondent’s violation constitutes an uncorrected violation as provided by law.
Pursuant to Florida law, in accordance with Part Il of Chapter 408, Florida Statutes, the
13
Agency may impose an administrative penalty of no more than $500.00 per day against any
licensee that violates any rule adopted pursuant to Section 394, Florida Statutes, and may
suspend or revoke the license or deny the renewal application of such licensee. In imposing such
penalty, the Agency shall consider the severity of the violation, actions taken by the licensee to
correct the violation, and previous violations by the licensee. Section 394.879(4), Florida
Statutes (2007).
WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration,
intends to impose an administrative fine against the Respondent in the amount of FIVE
HUNDRED DOLLARS ($500.00) pursuant to Section 394.879(4), Florida Statutes (2007).
COUNT DI
The Respondent Failed To Ensure That There Was Documentation That Each
Family, Guardian Or Guardian Ad Litem Signed An Acknowledgement At Admission
Concerning The Use Of Restraints In Violation Of Rule 65E-9.013(6)(a), Florida
Administrative Code
43. The Agency re-alleges and incorporates by reference paragraphs one (1) through five (5).
44, Pursuant to Florida law, at admission, the provider shall:
1. Explain and provide a written copy of the provider’s procedures regarding the use of
restraint and seclusion to the child, the child’s parent or guardian, and guardian ad litem, if
applicable. The provider shall document that the child and the parent or guardian, and guardian
ad litem were informed of the provider’s policies on the use of restraint and seclusion. This
documentation shall be filed in the child’s record.
2. Communicate the procedures in a language the child and the parent or guardian
understand, including American Sign Language or through an interpreter or translator if needed.
3. Include in the procedures contact information, including phone number and mailing
address, of the Advocacy Center for Persons with Disabilities, Inc.
4. Consult with the child’s parent or guardian and foster parent and guardian ad litem, if
14
applicable to determine if there are any known physical or psychological risks that would rule
out the use of such interventions for the child. The results of such interview shall be documented
in the child’s record. Rule 6SE-9.013(6)(a), Florida Administrative Code.
45. On or about March 11, 2008 the Agency conducted a Complaint Investigation
(#2008002968) of the Respondent’s facility.
46. Based on record review and interview, the facility failed to.ensure that there was
documentation that each family, guardian or guardian ad litem signed an acknowledgment about
the use of restraints at admission for four (4) of five (5) sampled residents, Resident number two
(2), Resident number three (3), Resident number four (4), and Resident number five (5).
47. A review of the red folder and blue notebook for Resident number two (2), Resident
number three (3), Resident number four (4), and Resident number five (5) failed to locate a
signed acknowledgment by the family, guardian or guardian ad litem related to the use of
restraints in the facility. An interview with the program coordinator at 4:15 p.m. on March 11,
2008 revealed that placement agencies did not always provide a complete admission packet or
placement agreement to the facility.
48. The Respondent’s actions and/or inactions constituted a violation of Rule 65E-
9.013(6)(a), Florida Administrative Code.
49. The Agency cited the Respondent for a violation of Rule 65E-9.013(6)(a), Florida
Administrative Code.
50. The Respondent was given a mandatory correction date of April 1, 2008.
51. On or about May 7, 2008, the Agency conducted a Follow-Up Survey to the Complaint
Investigation (42008002968) of March 11, 2008 of the Respondent’s facility.
52. Based on record review and interview, the facility failed to ensure that there was
documentation that each family, guardian or guardian ad litem signed an acknowledgment about
15
the use of restraints at admission for three (3) of three (3) sampled residents, Resident number
one (1), Resident number two (2), and Resident number three (3).
53. A review of the resident records for Resident number one (1), Resident number two (2),
and Resident number three (3) revealed no documentation of a signed acknowledgement by the
family, guardian or guardian as litem related to the use of restraints in the facility. An interview
with the program coordinator and the therapist on May 8, 2008 at 2:00 p.m. confirmed that this
information had not been provided at the time of admission and had not been provided as of May
7, 2008.
54. | The Respondent’s actions and/or inactions constituted a violation of Rule 65E-
9.013(6)(a), Florida Administrative Code.
55. The Respondent’s violation constitutes an uncorrected violation as provided by law.
56. Pursuant to Florida law, in accordance with Part II of Chapter 408, Florida Statutes, the
Agency may impose an administrative penalty of no more than $500.00 per day against any
licensee that violates any rule adopted pursuant to Section 394, Florida Statutes, and may
suspend or revoke the license or deny the renewal application of such licensee. In imposing such
penalty, the Agency shall consider the severity of the violation, actions taken by the licensee to
correct the violation, and previous violations by the licensee. Section 394.879(4), Florida
Statutes (2007).
WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration,
intends to impose an administrative fine against the Respondent in the amount of FIVE
HUNDRED DOLLARS ($500.00) pursuant to Section 394.879(4), Florida Statutes (2007).
CLAIM FOR RELIEF
WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration,
respectfully requests the Court to grant the following relief:
16
1. Enter findings of fact and conclusions of law in favor of the Agency.
2. Impose an administrative fine against the Respondent in the amount of ONE
THOUSAND FIVE HUNDRED DOLLARS ($1,500.00).
3. Order any other relief that the Court deems just and appropriate.
Respectfully submitted this lat day of Aucguak , 2008.
fad Daley appa Assistant General Counsel
Florida Bar No. 0355712
Agency for Health Care Administration
Office of the General Counsel
2295 Victoria Avenue, Room 346C
Fort Myers, Florida 33901
Telephone: (239) 338-3203
NOTICE
RESPONDENT IS NOTIFIED THAT IT/HE/SHE HAS A RIGHT TO REQUEST AN
ADMINISTRATIVE HEARING PURSUANT TO SECTIONS 120.569 AND 120.57,
FLORIDA STATUTES. THE RESPONDENT IS FURTHER NOTIFIED THAT
IT/HE/SHE HAS THE RIGHT TO RETAIN AND BE REPRESENTED BY AN
ATTORNEY IN THIS MATTER. SPECIFIC OPTIONS FOR ADMINISTRATIVE
ACTION ARE SET OUT IN THE ATTACHED ELECTION OF RIGHTS.
ALL REQUESTS FOR HEARING SHALL BE MADE AND DELIVERED TO THE
- ATTENTION OF: THE AGENCY CLERK, AGENCY FOR HEALTH CARE
ADMINISTRATION, 2727 MAHAN DRIVE, BLDG #3, MS #3, TALLAHASSEE, FLORIDA
32308; TELEPHONE (850) 922-5873.
THE RESPONDENT IS FURTHER NOTIFIED THAT IF A REQUEST FOR HEARING
IS NOT RECEIVED BY THE AGENCY FOR HEALTH CARE ADMINISTRATION
WITHIN TWENTY-ONE (21) DAYS OF THE RECEIPT OF THIS ADMINISTRATIVE
COMPLAINT, A FINAL ORDER WILL BE ENTERED BY THE AGENCY.
17
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Administrative Complaint and
Election of Rights form were served to: David L. Ferguson, Administrator, Alternate Family
Care, Inc. d/b/a Pinewood Group Home, 4055 Pinewood Road, Melbourne, Florida 32935 by
U.S. Certified Mail, Return Receipt No. 7007 1490 0004 1620 7558 and to Ronald St. Simon,
Registered Agent for Alternate Family Care, Inc. d/b/a Pinewood Group Home, 10540 La Reina
Road, Delray Beach, Florida 33446-2725, by U.S. Certified Mail, Return Receipt No. 7007 1490
0004 1620 7565, on this wet day of Dseguscil , 2008.
Lav Aine eae Assistant General Counsel
Copies furnished to:
Florida Bar No. 0355712
Agency for Health Care Administration
Office of the General Counsel
_ 2295 Victoria Avenue, Room 346C
Fort Myers, Florida 33901
Telephone: (239) 338-3203
David L. Ferguson, Administrator
Alternate Family Care Inc.
d/b/a Pinewood Group Home
4055 Pinewood Road
Melbourne, Florida 32935
(U.S. Certified Mail)
Mary Daley Jacobs, Assistant General Counsel
Agency for Health Care Administration
Office of the General Counsel
2295 Victoria Avenue, Room 346C
Fort Myers, Florida 33901
| Cnteroffice Mail)
Ronald St. Simon, Registered Agent for
Alternate Family Care, Inc.
d/b/a Pinewood Group Home
10540 La Reina Road
Delray Beach, Florida 33446-2725
(U.S. Certified Mail)
Joel Libby, Field Office Manager
Agency for Health Care Administration
Hurston South Tower
400 W. Robinson, Suite $309
Orlando, Florida 32801
.S. Mail)
18
Docket for Case No: 08-005175
Issue Date |
Proceedings |
Mar. 04, 2009 |
Order Closing File. CASE CLOSED.
|
Mar. 03, 2009 |
Amended Motion to Relinquish Jurisdiction filed.
|
Feb. 26, 2009 |
Motion to Relinquish Jurisdiction filed.
|
Feb. 18, 2009 |
Notice of Cancellation of Deposition filed.
|
Feb. 16, 2009 |
Notice of Deposition (Peter Sestido) filed.
|
Feb. 13, 2009 |
Respondent`s Witness List filed.
|
Feb. 13, 2009 |
Respondent`s Exhibit and Official Recognition List filed.
|
Feb. 12, 2009 |
Petitioner`s Amended Exhibit List (exhibits not available for viewing) filed.
|
Feb. 06, 2009 |
Notice of Service of Respondent`s First Set of Interrogatories, Request for Admissions, and Request for Production of Documents to Petitioner filed.
|
Feb. 06, 2009 |
Petitioner`s Response to Respondent`s Motion for Summary Judgment filed.
|
Feb. 04, 2009 |
Petitioner`s Exhibit List filed.
|
Feb. 04, 2009 |
Petitioner`s Witness List filed.
|
Jan. 26, 2009 |
Notice of Service of Agency`s First Set of Interrogatories, Request for Admissions and Request for Production of Documents to Respondent filed.
|
Jan. 26, 2009 |
Respondent`s Motion for Summary Judgement filed.
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Jan. 22, 2009 |
Notice of Appearance and Substitution of Counsel (filed by S. Lawrence).
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Jan. 07, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for March 6, 2009; 9:00 a.m.; Melbourne, FL).
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Jan. 05, 2009 |
Respondent`s Unopposed Motion to Continue Hearing and Extend Prehearing Deadlines filed.
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Dec. 24, 2008 |
Amended Notice of Hearing (hearing set for January 29, 2009; 9:00 a.m.; Melbourne, FL; amended as to date and location of hearing).
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Nov. 25, 2008 |
Order of Pre-hearing Instructions.
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Nov. 25, 2008 |
Notice of Hearing (hearing set for January 21, 2009; 9:00 a.m.; Melbourne, FL).
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Oct. 27, 2008 |
Joint Response to Initial Order filed.
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Oct. 20, 2008 |
Initial Order.
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Oct. 16, 2008 |
Administrative Complaint filed.
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Oct. 16, 2008 |
Petition for Formal Hearing Before the Division of Administrative Hearings under Section 120.571(1), Florida Statutes filed.
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Oct. 16, 2008 |
Election of Rights filed.
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Oct. 16, 2008 |
Order of Dismissal without Prejudice Pursuant to Section 120.569(2)(c), Florida Statutes, to Allow for Amendment and Resubmission of Petition filed.
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Oct. 16, 2008 |
Amended and Resubmitted Petition for Formal Hearing Before the Division of Administrative Hearings under Section 102.571(1), Florida Statutes filed.
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Oct. 16, 2008 |
Amended Election of Rights filed.
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Oct. 16, 2008 |
Notice (of Agency referral) filed.
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Jan. 29, 2008 |
Petitioner`s Response to Respondent`s Motion for Summary Judgment filed.
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