STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, vs. Case No. 2009010000 SENIOR LIVING PROPERTY CO., LLC d/b/a WINDSOR PLACE, 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, SENIOR LIVING PROPERTY CO., LLC d/b/a WINDSOR PLACE (hereinafter “the Respondent”), pursuant to Sections 120.569 and 120.57, Florida Statutes (2009), and alleges: NATURE OF THE ACTION This is an action to impose an administrative fine against an assisted living facility in the amount of TWO HUNDRED THIRTY FOUR THOUSAND NINE HUNDRED FORTY FIVE DOLLARS AND NINETY SIX CENTS ($234,945.96), pursuant to Section 429.24(3)(a), | Florida Statutes (2009), based upon forty-one (41) violations. JURISDICTION AND VENUE 1. The Court has jurisdiction over the subject matter pursuant to Sections 120.569 and 120.57, Florida Statutes (2009). | 2. The Agency has jurisdiction over the Respondent pursuant to Sections 20.42 and Filed May 3, 2010 11:41 AM Division of Administrative Hearings. 120.60 and Chapters 408, Part II, and 429, Part I, Florida Statutes (2009). 3. Venue lies pursuant to Rule 28-106.207, Florida Administrative Code. PARTIES 4. The Agency is the licensing and regulatory authority that oversees assisted living facilities in Florida and enforces the applicable federal and state, regulations, statutes and rules governing such facilities. Chapters 408, Part II, and 429, Part I, Florida Statutes (2009); Chapter 58A-5, Florida Administrative Code. The Agency may deny, revoke, or suspend any license issued to an assisted living facility or impose an administrative fine for violations. Sections 408.813, 408.815, and 429.14, Florida Statutes (2009). 5. The Respondent was issued a license by the Agency (License Number 8972) to operate a 54-bed assisted living facility located at 2626 Goodlette Road, Naples, Florida 34103, and was at all times material required to comply with the applicable federal and state regulations, statutes and rules for assisted living facilities. COUNT I The Respondent Failed To Provide A Refund Within Forty-Five (45) Days To The Responsible Party Of A Deceased Resident In Violation Of Section 429.24(3)(a), Florida Statutes (2009) 6. The Agency re-alleges and incorporates by reference paragraphs one (1) through five (5). 7. Pursuant to Florida law, the contract shall include a refund policy to be implemented at the time of a resident's transfer, discharge, or death. The refund policy shall provide that the resident or responsible party is entitled to a prorated refund based on the daily rate for any unused portion of payment beyond the termination date after all charges, including the cost of damages to the residential unit resulting from circumstances other than normal use, have been paid to the licensee. The termination date shall be the date the unit is vacated by the resident and cleared of all personal belongings. If the amount of belongings does not preclude renting the unit, the facility may clear the unit and charge the resident or his or her estate for moving and storing the items at a rate equal to the actual cost to the facility, not to exceed twenty (20) percent of the regular rate for the unit, provided that fourteen (14) days' advance written notification is given. If the resident's possessions are not claimed within forty-five (45) days after notification, the facility may dispose of them. The contract shall also specify any other conditions under which claims will be made against the refund due the resident. Except in the case of death or a discharge due to medical reasons, the refunds shall be computed in accordance with the notice of relocation requirements specified in the contract. However, a resident may not be required to provide the licensee with more than thirty (30) days' notice of termination. If after a contract is terminated, the facility intends to make a claim against a refund due the resident, the facility shall notify the resident or responsible party in writing of the claim and shall provide said patty with a reasonable time period of no less than fourteen (14) calendar days to respond. The facility shall provide a refund to the resident or responsible party within forty-five (45) days after the transfer, discharge, or death of the resident. The Agency shall impose a fine upon a facility that fails to comply with the refund provisions of this paragraph, which fine shall be equal to three times the amount due to the resident. One-half of the fine shall be remitted to the resident or his or her estate, and the other half to the Health Care Trust Fund to be used for the purpose specified in Section 429.18, Florida Statutes (2009). Section 429.24(3)(a), Florida Statutes (2009). 8. On or about August 6, 2009 through August 14, 2009 the Agency conducted a Follow-Up Survey to the June 29, 2009 through June 30, 2009 Biennial Survey with Limited Nursing Services and Extended Congregate Care of the Respondent’s facility. 9. Based on facility closed records reviewed and interviews with the Business Office Manager and administrator, the facility failed to provide refunds to the responsible party within forty-five (45) days in the event of the death of a resident for forty-one (41) closed records reviewed. 10. On August 6, 2009, the administrator was asked for a list of closed records of residents who had passed away in the facility in 2007 and 2008 to verify the time frame for refunds, The Executive Director gave the surveyor a list of deaths in the facility and the Business Manager produced the refund information. 11. During a review on August 6, 2009 of closed records from January 2007 to January 2009 the following was noted: Resident number fifteen (15) - Discharge Date February 11, 2008 - Refund Date August 6, 2009- Refund due, Two Thousand Four Hundred Ninety Three Dollars And Sixty One Cents ($2,493.61). Resident number sixteen (16) - Discharge Date October 23, 2007 - Refund Date August 7, 2009- Refund due, Nine Hundred Ninety Four Dollars And Thirty One Cents ($994.31). Resident number seventeen (17) - Discharge Date December 25, 2007 - Refund Date August 7, 2009- Refund due, Four Hundred Ninety Two Dollars And Seventy Five Cents ($492.75). Resident number eighteen (18) - Discharge Date July 29, 2007 - Refund Date August 6, 2009- Refund due, One Hundred Sixty Seven Dollars And Seventy Nine Cents ($167.79). Resident number nineteen (19) - Discharge Date May 24, 2007 - Refund Date October 4, 2007- Refund due, Nine Hundred Six Dollars ($906.00). Resident number twenty (20) - Discharge Date June 6, 2008 - Refund Date September 12, 2008- Refund due, Five Thousand Two Hundred Twenty Five Dollars And Eighty Six Cents ($5,225.86). Resident number twenty-one (21) - Discharge Date March 6, 2008 - Refund Date July 10, 2008- Refund due, Three Thousand Two Hundred Eleven Dollars And Six Cents ($3,211.06). ) Resident number twenty-two (22) - Discharge Date May 22, 2008 - Refund Date August 13, 2008- Refund due, Two Thousand One Hundred Eighteen Dollars And Forty One Cents ($2,118.41). Resident number twenty-three (23) - Discharge Date December 17, 2007 - Refund Date August 6, 2009- Refund due, One Thousand Six Hundred Three Dollars And Sixty Eight Cents ($1,603.68). Resident number twenty-four (24) - Discharge Date September 30, 2007 - Refund Date August 6, 2009- Refund due, Three Thousand Nine Hundred Sixty Dollars ($3,960.00). Resident number twenty-five (25) - Discharge Date November 28, 2007 - Refund Date August 7, 2009- Refund due, Four Thousand Seventy Five Dollars ($4,075.00). . Resident number twenty-six (26) - Discharge Date June 13, 2008 - Refund Date November 12, 2008- Refund due, One Thousand Eight Hundred Fifty Six Dollars And Seventy Six Cents ($1,856.76). Resident number twenty-seven (27) - Discharge Date June 7, 2008 - Refund August 7, 2009- Refund due, Three Thousand Seventy Three Dollars And Fifty Seven Cents ($3,073.57). Resident number twenty-eight (28) - Discharge Date December 6, 2007 - Refund Date August 7, 2009- Refund due, Two Thousand Six Dollars And Eighty Six Cents ($2,006.86). | Resident number twenty-nine (29) - Discharge Date February 12, 2007 - Refund Date July 24, 2007- Refund due, Two Thousand Two Hundred Two Dollars And Twelve Cents ($2,202.12). Resident number thirty (30) - Discharge Date January 15, 2008 - Refund Date April 23, 2008- Refund due, One Thousand Five Hundred Ninety Nine Dollars And Forty Six Cents ($1,599.46). Resident number thirty-one (31) - Discharge Date January 11, 2008 - Refund Date August 7, 2009- Refund due, One Thousand Seven Hundred Ten Dollars And Sixty Nine Cents ($1,710.69). Resident number thirty-two (32) - Discharge Date June 11, 2007 - Refund Date. October 4, 2007, Refund due, Two Thousand Eight Hundred Ninety Seven Dollars And Thirty Five Cents ($2,897.35). Resident number thirty-three (33) - Discharge Date June 12, 2007 - Refund Date August 6, 2009- Refund due, Two Thousand Three Hundred Ninety Dollars And Fifteen Cents ($2,390.15). Resident number thirty-four (34) - Discharge Date August 9, 2008 - Refund Date October 7, 2008- Refund due, Two Thousand Three Hundred Fifty Four Dollars And Three Cents ($2,354.03). Resident number thirty-five (35) - Discharge Date August 29, 2008 - Refund Date August 6, 2009- Refund due, One Hundred Fifty One Dollars And Seventeen Cents ($151.17). Resident number thirty-six (36) - Discharge Date February 16, 2008 - Refund Date August 7, 2009- Refund due, Two Thousand One Hundred Thirty Three Dollars And Forty One Cents ($2,133.41). Resident number thirty-seven (37) - Discharge Date May 16, 2008 - Refund Date October 3, 2008- Refund due, One Thousand Eight Hundred Eighty Dollars And Eighty Six Cents ($1,880.86). Resident number thirty-eight (38) - Discharge Date March 25, 2008 - Refund Date August 7, 2009- Refund due, Six Hundred Forty Nine Dollars And Sixty Nine Cents ($649.69). Resident number thirty-nine (39) - Discharge Date February 16, 2008 - Refund Date August 7, 2009- Refund due, One Thousand Three Hundred Seventy Two Dollars And Eight Cents ($1,372.08). Resident number forty (40) - Discharge Date February 21, 2008 - Refund Date August 6, 2009- Refund due, Two Hundred Five Dollars And Eighty Six Cents ($205.86). Resident number forty-one (41) - Discharge Date June 30, 2008 - Refund Date August 7, 2009- Refund due, Two Hundred Ninety Eight Dollars And Forty Four Cents ($298.44). | Resident number forty-two (42) - Discharge Date August 10, 2008 - Refund Date October 15, 2008- Refund due, One Thousand Two Hundred Thirty Eight Dollars And Eighty Four Cents ($1,238.84). Resident number forty-three (43) - Discharge Date February 26, 2008 - Refund Date August 7, 2009- Refund due, Four Hundred Sixty Two Dollars And Forty Four Cents ($462.44). Resident number forty-four (44) - Discharge Date July 17, 2007 - Refund Date October 4, 2007- Refund due, One Thousand Two Hundred Nineteen Dollars And Thirty Four Cents ($1,219.34). Resident number forty-five (45) - Discharge Date November 7, 2007 - Refund Date August 7, 2009- Refund due, One Thousand Three Hundred Eighty Three Dollars And Sixty Seven Cents ($1,383.67). Resident number forty-six (46) - Discharge Date January 11, 2008 - Refund Date July 18, 2008- Refund due, Two Thousand Three Hundred Eighty Six Dollars And Sixty One Cents ($2,386.61). Resident number forty-seven (47) - Discharge Date August 5, 2007 - Refund Date " October 15, 2007- Refund due, Three Thousand Four Hundred Eight Dollars And Five Cents ($3408.05). Resident number forty-eight (48) - Discharge Date October 15, 2008 - Refund Date August 7, 2009- Refund due; One Thousand Nine Hundred Fourteen Dollars And Sixty Five Cents ($1,914.65). Resident number forty-nine (49) - Discharge Date March 28, 2008 - Refund Date August 7, 2009- Refund due, Six Hundred Seventy Six Dollars And Ninety Nine Cents ($676.99). . Resident number fifty (50) - Discharge Date May 23, 2007 - Refund Date July 10, 2007- Refund due, Seven Hundred Fifty Six Dollars And Thirty Two Cents ($756.32). Resident number fifty-one (51) - Discharge Date December 2, 2008 - Refund Date March 10, 2009- Refund due, Four Thousand Three Hundred Sixty Six Dollars And Thirty Five Cents ($4,366.35). Resident number fifty-two (52) - Discharge Date April 14, 2007 - Refund Date October 4, 2007- Refund due, One Thousand Nine Hundred Six Dollars And Fifty Two Cents ($1,906.52). Resident number fifty-three (53) - Discharge Date November 16, 2007 - Refund Date January 2, 2008- Refund due, Two Thousand One Hundred Eighty One Dollars And Sixty Cents ($2,181.60). Resident number fifty-four (54) - Discharge Date March 16, 2007 - Refund Date August 6, 2009- Refund due, Four Thousand One Hundred Twelve Dollars And Six Cents ($4,112.06). Resident number fifty-five (55) - Discharge Date October 2, 2008 - Refund Dates December 12, 2008 and January 13, 2009- Refund due, One Hundred Eighty Two Dollars And Sixty Eight Cents ($182.68). 12. . During an interview on August 6, 2009, the Business Office Manager agreed that the refund checks had not been sent out to responsible parties in a timely manner. 13. During an interview on August 6, 2009, the administrator stated that the facility corporate office did not send refund checks out within the forty-five (45) days even though the facility was sending in the requests in a timely manner. 14. The Respondent’s acts constituted violations of Section 429.24(3)(a), Florida Statutes (2009) and the Agency shall impose a fine of two hundred thirty four thousarid nine hundred forty five dollars and ninety six cents ($234,945.96). WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, intends to impose an administrative fine against the Respondent in the amount of TWO HUNDRED THIRTY FOUR THOUSAND NINE HUNDRED FORTY FIVE DOLLARS AND NINETY SIX CENTS ($234,945.96) pursuant to Section 429.24(3)(a), Florida Statutes (2009). CLAIM FOR RELIEF WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, respectfully requests the Court to grant the following relief: 1. Enter findings of fact and conclusions of law in favor of the Agency. 2. Impose an administrative fine against the Respondent in the total amount of TWO HUNDRED THIRTY FOUR THOUSAND NINE HUNDRED FORTY FIVE DOLLARS AND NINETY SIX CENTS ($234,945.96). 3. Order any other relief that the Court deems just and appropriate. Respectfully submitted this Ad, _ day of yanil , 2010. Madeley Thos, 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 (239) 335-1253 10 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. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Administrative Complaint and Election of Rights form were served to: Silvia Landry, Administrator for Senior Living Property Co., LLC d/b/a Windsor Place, 2626 Goodlette Road, Naples, Florida 34103, by United States Certified Mail, Return Receipt No. 7009 1680 0001 8777 0649, and to CT Corporation System, Registered Agent for Senior Living Property Co., LLC d/b/a Windsor Place, 1200 South Pine Island Road, Plantation, Florida 33324, by United States Certified Mail, Return Receipt No. - 7009 1680 0001 8777 0632 on this $44 _ day of bya y , 2010. Foy ficy type 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) 335-1253 11 Copies furnished to: Silvia Landry, Administrator Senior Living Property Co., LLC d/b/a Windsor Place 2626 Goodlette Road Naples, Florida 34103 (US. Certified Mail) Harold Williams Field Office Manager Agency for Health Care Administration 2295 Victoria Avenue, Room 340A Fort Myers, Florida 33901 (Interoffice Mail) . CT Corporation System, Registered Agent for Senior Living Property Co., LLC d/b/a Windsor Place 1200 South Pine Island Road Plantation, Florida 33324 (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 (Interoffice Mail) 12 COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION “Ac Signature aaa : Complete items 1, 2,.and 3, Als complete.“ item 4 if Restricted Delivery Is desired. f . Print your name and addre: | *-So-that-we can return the. \a Attach this card to the back of the maliplec jo fon the front if space permit { { } t } } } 3, Is: delivery address different from iter? If YES, eniter aelivery address below: | 4, ‘Article Addressed to: - Silvia Landry, Windsor Plac : 262 e Goodlete Rood Naples, Farida ‘9: Service ype el Certified Mall - 0 Express Mall’ “Registered: (2 Return Recelpt for Merchandise “CT'insuréd Mall. C1..0.0. [A Restricted sg Delvry? ewe Fee) pps Form 3811, February 2004 "Domestic Return Recelpt 102595-02M1540 |

Docket for Case No: 10-002412

Orders for Case No: 10-002412