STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, () q 0 6 U 7 Petitioner, vs. CASE No: 2008010722 MAL-LYN ENTERPRISES, INC., d/b/a THE NURSING CONNECTION, INC., 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, MAL-LYN ENTERPRISES, INC. d/b/a THE NURSING CONNECTION, INC. (hereinafter “the Respondent”), pursuant to Sections 120.569 and 120.57, Florida Statutes (2008), and alleges as follows: NATURE OF THE ACTION This is an action to impose an administrative fine against a home health agency in the amount of five thousand dollars ($5,000.00) based upon one class II deficiency. JURISDICTION AND VENUE 1. This Court has jurisdiction over the subject matter pursuant to Sections 120.569 and 120.57, Florida Statutes (2008). 2. The Agency has jurisdiction over the Respondent pursuant to Sections 20.42 and 120.60, Florida Statutes (2008), Chapters 408, Part II, and 400, Part III, Florida Statutes (2008), and Chapter 59A-8, Florida Administrative Code. 3. Venue lies pursuant to Rule 28-106.207, Florida Administrative Code. PARTIES 4. The Agency is the licensing and regulatory authority that oversees home health agencies and enforces the applicable federal and state statutes, regulations and rules governing home health agencies. Ch. 408, Part II, Ch. 400, Part III, Fla. Stat. (2008), Ch. 59A-8, Fla. Admin. Code. The Agency is authorized to deny, revoke, or suspend a license, and impose an administrative fine, for violations as provided for by Sections 400.474 and 400.484, Florida Statutes (2008), and Rules 59A-8.003 and 59A-8.0086, Florida Administrative Code. 5. The Respondent was issued a license by the Agency (License No. 299991367) to operate a home health agency located at 5320 Edgewater Drive, Orlando, Florida 32810, and was at all material times required to comply with the applicable federal and state statutes, regulations and rules governing home health agencies. COUNT I 6. The Agency re-alleges and incorporates by reference paragraphs 1 through 5. 7. Pursuant to Florida law, a Home Health Agency must conduct a Level 1 Screening for good moral character for all personnel, including contractors, who enter client’s homes and said screening shall consist of: Submission of the Request for Level 1 Criminal History Check, AHCA form 3110-0002, July 2005, incorporated by reference. ...(11) Employees who have direct patient contact.and are found to have a disqualifying offense cannot continue patient contact unless they obtain an exemption. Administrators and financial officers who have a disqualifying offense cannot continue in those positions unless they obtain an exemption. Exemptions can be requested as defined in Section 400.512(1), F.S. (12) If the home health agency provides staffing to nursing homes, any staff who have not lived in Florida for the past five years must have level 2 screening as required by Section 400.215, F.S. Rule 59A-8.004. Rule 59A-8.004(10)-(12), Florida Administrative Code. 8. Pursuant to Florida law, the administrator of each home health agency, the managing employee of each nurse registry, and the managing employee of each companion or homemaker service registered under s. 400.509 must sign an affidavit annually, under penalty of perjury, stating that all personnel hired or contracted with or registered on or after October 1, 2000, who enter the home of a patient or client in their service capacity have been screened. Rule 59A-8.004(7), Florida Administrative Code. 9. Under Florida law, when an employer or licensing agency has reasonable cause to believe that grounds exist for the denial or termination of employment of any employee as a result of background screening, it shall notify the employee in writing, stating the specific record which indicates noncompliance with the standards in this section. It shall be the responsibility of the affected employee to contest his or her disqualification or to request exemption from disqualification. The only basis for contesting the disqualification shall be proof of mistaken identity. § 435.06(1), Fla. Stat. (2008). 10. Under Florida law, the employer must either terminate the employment of any of its personnel found to be in noncompliance with the minimum standards for good moral character contained in this section or place the employee in a position for which background screening is not required unless the employee is granted an exemption from disqualification pursuant to s. 435.07. § 435.06(2), Fla. Stat. (2008). 11. Under Florida law, any person who is required to undergo employment screening and who refuses to cooperate in such screening or refuses to submit the information necessary to complete the screening, including fingerprints when required, shall be disqualified for employment in such position or, if employed, shall be dismissed. § 435.06(3), Fla. Stat. (2008). 12. Under Florida law, AHCA shall deny, suspend or revoke an application for license, or impose a fine if the applicant fails to screen all employees as required by this rule or employs persons who are disqualified from employment based on criminal record check. Fla. Admin. Code R. 59A-8.0086(1)(b). 13. On or about August 12, 2008, the Agency conducted a complaint survey (CCR#2008009017) of the Respondent. 14. Based on interview and record review the agency failed to conduct appropriate criminal background screening for one (1) of nine (9) sampled clinical employees. 15. . On August 12, 2008, a review of the personnel records for sampled employee number eight (8), with a date of hire of July 19, 2005, was conducted. This record revealed a Criminal Background Screening dated July 15, 2008 that contained numerous disqualifying criminal offenses including prostitution, multiple drug offenses, battery, and child abuse, spanning from March 23, 1996 through October 18, 2007. In an interview with the Administrator on August 12, 2008 at 1:00 PM, she stated, "I don't know why no Criminal Background Screening was conducted for (more than 2 years). All Background Screens are reviewed by me, so I don't know how this happened.” 16. | The Respondent’s failure to conduct an employee background screening for a period of three years and, further, upon receipt of the results of the screening, to terminate the employee or take other steps to place the employee in a position where no background screening is required, places the health and safety of the patients at risk and is an act, omission, or practice which constitutes a Class II deficiency and is contrary to Florida law. 17. _ A Class II deficiency is any act, omission, or practice that has a direct adverse effect on the health, safety, or security of a patient. § 400.484(2)(b), Fla. Stat. (2008). 18. Upon finding a class II deficiency, the Agency shall impose an administrative fine in the amount of $5,000 for each occurrence and each day that the deficiency exists. § 400.484(2)(b), Fla. Stat. (2008). 19. | The Respondent was given a mandatory correction date of September 3, 2008. 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 five thousand dollars ($5,000.00). Respectfully submitted thi Zé day of November, 2008. Agency for Health Care Administration 525 Mirror Lake Drive, 330L St. Petersburg, FL 33701 727.552.1526 (office) 727.552.1440 (fax) Respondent is notified that it has a right to request an administrative hearing pursuant to Section 120.569, Florida Statutes. Respondent 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 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, FL 32308;Telephone (850) 922-5873. RESPONDENT IS FURTHER NOTIFIED THAT THE FAILURE TO REQUEST A HEARING WITHIN 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. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by USS. Certified Mail, Return Receipt No. 7008 0500 0001 0420 1927 on November Z&; 2008 to Linda S. Ward, Registered Agent, The Nursing Connection, Inc., 5320 Edgewater Drive, Orlando, Florida 32810, and by U.S. Mail to Sandra Pape King, Administrator, The Nursing Connection, Inc., 5320 Edgewater Drive, Orlando, Florida 32810. Copies furnished to: Linda S. Ward, Registered Agent Sandra Pape King, Administrator The Nursing Connection, Inc. The Nursing Connection, Inc. 5320 Edgewater Drive 5320 Edgewater Drive Orlando, Florida 32810 Orlando, Florida 32810 (USS. Certified Mail) (U.S. Mail) Joel Libby/Doris Spivey Amie C. Ragano, Esq. Field Office Manager Agency for Health Care Admin. Hurston South Tower 525 Mirror Lake Drive, 330L 400 West Robinson St., #309 St. Petersburg, Florida 33701 Orlando, Florida 32801 Cnteroffice) (U.S. Mail) COMPLETE THIS SECTIONLO SENDER: COMPLETA ™ Complete items 1, 2, ana -. Also complete item 4 if Restricted Delivery is desired. @ Print your name and address on the reverse so that we can return the card to you. ge @ Attach this card to the back of the mailpiece, or on the front if space permits. : 1. Article Addressed to: A. Signatyye z ~~ O So) 1 adcjsse a) re, Recelved by (Printed Name} ° poy Linda S. Ward, Registered Agent ' The Nursing Connection, Inc. 5320 Edgewater Drive “Service Type Ci Express Matt : . rifled Mall i Orlando, Florida 32810 Cl Rédistered JC Retum Receipt for Merchandise : C1 Insured Mail £1 C.0.D. 4. Restricted Delivery? (Extra Fee) O Yes 2 a 47008 OS00 0001 o480 1e7 | AR zo0fdjo 722 ri 2 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 :

Docket for Case No: 09-000047