Now 14 2008 10:40 Nov 14 2008 10:38AM APD 8504100665 STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES AGENCY FOR PERSONS WITH DISABILITIES, License No. 15-1325 Petitioner, Vv : Papp APD Apensy Cert ST. LUCIE HOUSE GROUP HOME, OEP 1 9 amy owned and operated by The ARC of MARTIN COUNTY Respondent. ADMINISTRATIVE COMPLAINT The AGENCY FOR PERSONS WITH DISABILITIES, (“Petitioner” or “Agency”, issues this Administrative Complaint against the St. Lucie House Group Home, owned and operated by The Arc of Martin County (or “Respondent”), and says: 1. Petitioner is the state agency charged with regulating the licensing and operation of foster care facilities, group home facilities, and residential habilitation centers, pursuant to Section 20.197 and Chapter 393, Florida Statutes. 2. At all times material to this complaint, Respondent has held a group home facility license issued by the Agency for a residence at the following address: 2383 SE St. Lucie Boulevard, Stuart, Florida. 3. Section 393.0673(1)(a)(3), Florida Statutes, provides that the Agency may revoke or suspend a license, or impose an administrative fine if the licensee P- Now 14 2008 10:40 Nov 14 2008 10:38AM APD 8504100665 FACTUAL ALLEGATIONS 4. Section 393.0655, Florida Statutes requires that direct service providers undergo a background screening pursuant to Chapter 435. _ Such screening includes a criminal history check to ensure that prospective or current direct service providers have not committed a disqualifying offense as defined in s. 435.04, Florida Statutes. Per s. 393.0655(1)(e), Florida Statutes, employees who are awaiting the completion of background screening are temporarily exempt from the screening requirements under s. 393.0655, Fiorida _ Statutes as long as such employees are under the direct and constant visual _ supervision of persons who meet the screening requirements of this section. However, such an exemption expires “...90 days after the direct service provider first provides care or services to clients, has access to a client's living areas, or has access to a client's funds or personal property”. Additionally, Section 393.0655(4)(d), Florida Statutes, provides that: Refusal on the part of an employer to dismiss a manager, supervisor, or direct service provider who has been found to be in noncompliance with standards of this section shall result in automatic denial, termination, or revocation of the license or certification, rate agreement, purchase arder, or contract, in addition to any other remedies pursued by the agency. 10. The Respondent hired Bruce McSween to work at the St. Lucie House Group Home on January 10, 2008. At various points during the months of June and July of 2008, staffing schedules pravided by the Respondent indicate that the Respondent permitted Mr. McSween to render services to the residents P- Now 14 2008 10:41 Nov 14 2008 10:38AM APD 8504100665 of the St. Lucie House Group Home on an unsupervised basis prior to receipt of his background screening clearance. In addition, the Respandent allowed Mr. McSween to continue his employment past the 90-day background screening exemption period. 7. Section 393.13(4)(c), Florida Statutes states, in part, that each resident shall receive prompt and appropriate medical treatment and care for physical and mental ailments. 8. Resident B.C. had a post-surgical follow up medical appointment scheduled for June 18, 2008 but was not taken to this scheduled appointment. The physician’s office staff reported that it was considered a “no show” appointment since no staff member from the Respondent's group home called to cancel or re-schedule. B.C. was not able to be seen by that physician again until July 24, 2008 (which was the next available appointment). 9. Rule 65G-2.012(14)(a), F.A.C. requires, in part, that medications administered to group home residents must be administered in accordance with the written order of a physician. 10. Resident B.C. was discharged from the hospital following hip surgery with a prescription for Hydrocodone every four hours for pain management. Park Pharmacy confirmed delivery of the prescribed Hydrocodone to the St. Lucie House Group Home on May 14,2008 but the first dosage of this medication was not administered to B.C. until May 18, 2008. 11. Rule 65G-2.012(14)(d), F.A.C. requires, in part, that a daily record be kept of prescription and/or nonprescription medication administered to residents P- Now 14 2008 10:41 Nov 14 2008 10:33AM APD 8504100665 of the home. Futhermore, such record must specify the client’s name, date, time, dosage, name of medicine and signature of the person administering such medication. 12. On August 11, 2008, APD Area 15 staff members Sherry Thomas- Smith (group home monitor) and Sabah Bissainthe (Medica! Case Manager) conducted a site visit at the St. Lucie House Group Home and reported the following issues: Hydrocodone for resident B.C. was not listed on the Medication Administration Record for the months of June, July, and August. in addition, no doucmentation was available or otherwise indicated on the Medication Administration Record that any of the medications for resident B.C. was administered on the morning of February 28, 2008 or that the 9:00 pm adminstation of medication was administered to the same resident on March 24, 2008, 13. Rule 65G-7.006 requires, in part, an accurate medication count for controlled substances and the reporting of discrepancies in the count of controlled substances to the APD area office. 14. On August 11, 2008, APD Area 15 staff members Sherry Thomas- Smith (group.home monitor) and Sabah Bissainthe (Medical Case Manager) conducted a site visit at the St. Lucie House Group Home and reported the following issues: Based upon the amount of Hydrocodone observed in the home during the site visit, APD Area 15 staff reported a shortage of 190.5 ml of Hydrocodone which is not accounted for. A controlled substance count sheet P- Now 14 2008 10:41 Nov 14 2008 10:33AM APD 8504100665 had not been completed for the Hydrocodone nor was the shortage of this medication reported to the APD Area 15 office. 15. Rule 65G-2.012(7)(a), F.A.C. provides, in pertinent part, that each group hame facility is responsible for complying with all applicable laws, rules, regulations, or ordinances of each governmental unit in which the facility is located, including but not limited to those relating to employment. 46. In July 2008, the Respondent notified the Unemployment and Compensation Program of the Florida Agency for Workforce Innovation that former group home employee Bruce McSweeten had quit to work elsewhere when he had, in fact, been terminated by the Respondent on July 21, 2008. 17. Rule 65G-2.012(3)(a), F.A.C. states, in pertinent part, that each facility shall maintain an accounting of the client’s funds received and/or distributed by the vender. 18. Receipts assoicated with the utilization of resident funds dated December 21, 2007, March 22, 2008, April 5, 2008, and June 6, 2008 contained forged signatures. COUNT 19. Based on the foregoing, Respondent violated Section 393.0655, Florida Statutes, by permitting an employee to render services to the residents of the St. Lucie House Group Home on an unsupervised basis prior to receipt of his background screening clearance and allowing that employee to continue his employment past the 90-day background screening exemption period. COUNT IL. P- Nov 14 2008 10:42 Nov 14 2008 10:39AM APD 8504100665 p-.10 : Le : 20. Based on the foregoing, Respondent violated Section 393.13(4)(c), Florida Statutes by failing to take a resident to a scheduled post-surgical medical appointment. COUNT IIL. 21. Based on the foregoing, Respondent violated Rule 65G- 2.012(14)(a), F.A.C. by failing to administer pain medication to a resident in accordance with a physician’s order. COUNT IV. 22. Based on the foregoing, Respondent violated rule 65G- 2.012(14)(d), F.A.C. by failing to. maintain a daily record of ail prescription medications (administered to residents of the home) which specifies the resident's name, date, time, dosage, name of medicine and signature of the person administering such medication. COUNT V. 23. Based on the foregoing, Respondent violated rule 65G-7.006, F.A.C. by failing to perform an accurate medication count for controlled substances and reporting discrepancies in the count of such controlled substances to the APD Area 15 office. COUNT VL 24. Based on the foregoing, Respondent violated rule Rule 65G- 2.012(7)(a), F.A.C. by failing to comply with all applicable laws, rules, regulations, or ordinances of each governmental unit in which the facility is located, including Now 14 2008 10:42 Nov 14 2008 10:40AM APD 8504100665 p.11 but not limited to those relating to employment, by reporting false information to the Florida Agency for Workforce Innovation concerning a terminated employee. WHEREFORE, Petitioner.respectfully requests entry of an order imposing the following penalties: administrative fine not to exceed $1,000 per offense and revocation of the Respondent's license, and/or any other relief authorized by Chapier 393, Florida Statutes, or the rules promulgated thereto, this honorable tribunal deems fair and equitable. Dated: September 18, 2008 . Brian McGrail Assistant General Counsel, Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 Gce/ Peter Karlan, APD Administrator, Area 15 Attachments: Explanation of Rights Election of Rights Form Now 14 2008 10:42 Nov 14 2008 10:40AM APD 8504100665 p.12 STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES ELECTION OF RIGHTS RESPONDENT: _ St, Lucie House Group Home operated by The Arc of Martin County, Stuart, Florida | have read the accompanying Administrative Complaint and Explanation of Rights in this matter, and Elect the following hearing option: U1 do not dispute the facts alleged in the Administrative Complaint and wish to be heard on the issue of penalty or conclusions of law. | request an informal hearing pursuant to Section 120.57(2), Florida Statutes. | understand that at that hearing | will be permitted to submit only written or oral evidence in litigation of the charges or explain why the facts alleged do not constitute a violation of law. I dispute the material facts alleged in the Administrative Complaint and request an evidentiary hearing pursuant to Section 120.57(1), Florida Statutes. Please be advised this is a legally binding document and contains important information regarding your rights. Should you desire advice regarding your response, you may wish to seek legal counsel before praceeding. By signing this document, you represent you are authorized to act on behalf of the establishment named herein and accept responsibility for compliance with any final order resulting from this action. Failure to complete, sign and return the election of rights form to the agency within 30 days of receipt may constitute a waiver of your right to be heard in this matter and the Agency may commence proceedings without your participation, which may result in penalties against your license. As provided in §393.063(1), Florida Statutes, penalties may include suspension, revocation or denial of licensure, and fines up to $1000 per day for each violation. Telephone number for contact: Fax Signature: Date: Print Name: Title: Business Location Address: City State ; Zip Mailing Address City State Zip Now 14 2008 10:42 Nov 14 2008 10:40AM APD 8504100665 MAIL OR FAX THE COMPLETED FORM TO: Debra Scott, Agency Clerk Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 You are advised, per Section 120.573, Florida Statutes, that mediation is not available for this action. Please keep a copy of this document for your records. -13 Now 14 2008 10:43 Nov 14 2008 10:40AM APD 8504100665 STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES EXPLANATION OF RIGHTS The enclosed Administrative Complaint charges you with violating one or more provisions of Chapter 393, Florida Statutes, or the rules supplementing that Chapter. If you have questions regarding your response or best course of action, you may wish to seek the advice of competent legal counsel. Your receipt of this Administrative Complaint packet constitutes service upon you. Your rights under Florida law (Chapter 120, Florida Statutes) are as follows: You may elect to not dispute the violations alleged in the Complaint and request that a hearing be held to present testimony or documents you wish the Agency to consider in mitigation of the alleged violations prior to disposition of this case. Any penaity levied will be included in a Final Order. If a dispute of material fact arises, the hearing will be terminated and the case referred to the Division of Administrative Hearings. You may elect to dispute the violations alleged in the Complaint and request a hearing before an Administrative Law Judge, which is an administrative “trial”. You and the Agency may present evidence and witnesses to prove or disprove the facts alleged and submit a written proposed recommended order after the hearing for the Judge's consideration. Based on the evidence and any proposed recommended orders submitted, the Judge will issue a Recommended Order containing Findings of Fact, Conclusions of Law, and Recommended Penalty, if any. Following review of the Recommended Order, the Agency will issue a Final Order. An Election of Rights form is included with the Administrative Complaint. The Agency must receive it within 30 days of your receipt of this Administrative Complaint packet. After the Agency determines whether a dispute of material fact exists, it will make arrangements on your behalf for the appropriate hearing. You will receive notice of the date, time, and place of hearing at the address designated by you on your Election of Rights. IMPORTANT: If the Agency does not receive a completed copy of the Election of Rights form, or any other written response from you, within the 30 days of your receipt of this Administrative Complaint, you may have waived your right to a hearing in this matter and the Agency may proceed against you in this matter without your participation. Please note, per Chapter 120.573, Florida Statutes, mediation is not available in this action. ~14

Docket for Case No: 08-005708

Orders for Case No: 08-005708