. STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, VS. 7+ Case No. 2010000836 RSC SARASOTA HE, LLC d/b/a HERON EAST, 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, RSC . SARASOTA HE, LLC d/b/a HERON EAST (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 FOUR THOUSAND THREE HUNDRED SIXTY SEVEN DOLLARS AND SEVENTY CENTS ($4,367.70), pursuant to Section 429.24(3)(a), Florida Statutes (2009), and to assess a survey fee in the amount of FIVE HUNDRED DOLLARS ($500.00) pursuant to Section 429.19(7), Florida Statutes (2009), based upon one (1) violation. 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 July 1, 2011 12:00 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 I, 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 9680) to operate a 112-bed assisted living facility located at 2290 Cattleman Road, Sarasota, Florida 34232, and was at all times material required to comply with the applicable federal and state regulations, statutes and rules for assisted living facilities. COUNTI The Respondent Failed To Provide A Refund Within Forty-Five (45) Days To The Resident Or Responsible Party After A Transfer Or Discharge Of A 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). vA 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 2 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 party 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 these refund provisions, 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 November 9, 2009 the Agency conducted a Complaint Survey (CCR# 2009-012234) of the Respondent’s facility. . 9. Based upon record review and interview, it was determined the facility failed to . refund one (1) of five (5) residents or their responsible party money due to them within forty-five (45) days of discharge or transfer, Resident number one (1). 10. Areview of the contract and billing records for Resident number one (1) revealed admittance to the facility on March 1, 2007. On April 25, 2009, Resident number one (1) had a change in condition and was transferred to a local hospital. Resident number one (1) was discharged from the hospital on April 28, 2009 and admitted to a local skilled nursing facility. Resident number one (1) was discharged fiom the skilled nursing facility on June 15, 2009 and admitted to a sister facility, Heron House, which has a locked unit on June 15, 2009. 11. An interview with the Executive Director on November 9, 2009 at 1:00 p.m. revealed Resident number one (1) was discharged from Respondent's facility on June 15, 2009, 12. An interview with the Power of Attorney for Resident number one (1) on November 8, 2009 at 1:50 p.m. revealed the Power of Attorney believed he/she was due a refund for the month of May 2009 which had not been made as of November 8, 2009. The Power of Attomey indicated he/she had spoken with several individuals affiliated with the facility and they had not retumed telephone calls to discuss the status of the refund. 13. A review of billing records for 2008 and 2009 and an interview with the Executive Director and Regional Manager on November 9, 2009 at various times from 10:45 am. until 2:45 p.m. revealed the facility was aware the Power of Attorney was due a refund. 14. The Executive Director and Regional Manager at 11:45 a.m, indicated the refund is being delayed by the corporate office due to a payment of $1,455.90 not being credited in December 2008 to the account of Resident number one (1). The Executive Director and Regional Manager indicated the Power of Attorney was made aware on October 28, 2009 that payment from December 2008 was in dispute. 15. The Executive Director indicated the Power of Attomey had submitted a copy of his/her bank statement revealing the payment for December 2008 had been made but that the corporate office wanted a copy of the check and it had not been submitted to the corporate office as of November 9, 2009. 16. At 42:00 p.m. on November 9, 2009, the surveyor spoke to the Power of Attorney who indicated that until October 28, 2009 they were not aware the December payment was in dispute. The Power of Attorney indicated he had obtained a copy of the check from December 2008 and did fax it to the corporate office on November 5, 2009. The Power of Attomey indicated the corporate office acknowledged receiving a copy of the check. This information was shared. with the Executive Director and the Regional Manager at 12:45 p.m. on November 9, 2009, 17. After further discussion and a review of records, the Executive Director and Regional Manager acknowledged Resident number one (1) was due a refund of one thousand four hundred fifty five dollars and ninety cents ($1,455.90), which was not credited to Resident number one’s (1) account in December 2008. 18. The Executive Director and Regional Manager acknowledged forty-five (45) days had elapsed since Resident number one (1) was discharged on June 15, 2009 and the facility had not made a refund in forty-five (45) days of discharge as required. 19. The Respondent’s act constituted a violation of Section 429.24(3)(a), Florida Statutes (2009), and the Agency shall impose a fine of four thousand three hundred sixty seven dollars and seventy cents ($4,367.70). WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, intends to impose an administrative fine against the Respondent ‘in the amount of FOUR THOUSAND THREE HUNDRED SIXTY SEVEN DOLLARS AND SEVENTY CENTS ($4,367.70) pursuant to Section 429.24(3)(a), Florida Statutes (2009). COUNT HI (Assessment of Survey Fee) 20. The Agency re-alleges and incorporates by reference paragraphs one (1) through five (5) and the allegations in Count I as if fully set forth herein. 5 21. The Agency conducted a Complaint Survey (CCR# 2009-012234) of the Respondent's facility on November 9, 2009, 22. As aresult of the Agency’s Complaint Survey, the Respondent was cited for one (1) violation. 23. Pursuant to Section 429.19(7), Florida Statutes (2009), the Agency is authorized to, in addition to any administrative fines, assess a survey fee equal to the lesser of one-half of the facility’s biennial license and bed fee or five hundred dollars ($500.00), to cover the cost of conducting initial complaint investigations that result in the finding of a violation that was the subject of the complaint. 24. In this case, the Agency is authorized to seek a survey fee of FIVE HUNDRED DOLLARS ($500.00). WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, | intends to assess a survey fee against the Respondent in the amount of FIVE HUNDRED. DOLLARS ($500.00) pursuant to Section 429.19(7), 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 amount of FOUR THOUSAND THREE HUNDRED SIXTY SEVEN DOLLARS AND SEVENTY CENTS ($4,367.70). 3. Assess a survey fee against the Respondent in the amount of FIVE HUNDRED DOLLARS ($500.00). 4. Order any other relief that the Court deems just and appropriate. Respectfully submitted this 29d, _ day of July , 2010. Paty Be Lyijec 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 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) 412-3630. : 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: Donald Landreth, Administrator for RSC Sarasota HE, LLC d/b/a Heron East, 2290 Cattleman Road, Sarasota, Florida 34232, by United States Certified Mail, Return Receipt No. 7009 1680 0001 8777 1660, and to Royal Senior Care, LLC, Registered Agent for RSC Sarasota HE, LLC d/b/a Heron East, 1660 N.E. Miami Gardens Drive, Suite 8, North Miami Beach, Florida 33179, by United States Certified Mail, Return Receipt No. 7009 1680 0001 5448 5828 on this ggtday of Gasp , 2010. a ippecete- 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 Copies furnished to: Donald Landreth, Administrator Harold Williams RSC Sarasota HE, LLC Field Office Manager d/b/a Heron East Agency for Health Care Administration 2290 Cattleman Road 2295 Victoria Avenue, Room 340A Sarasota, Florida 34232 (U.S. Certified Mail) Fort Myers, Florida 33901 (Interoffice Mail) Royal Senior Care, LLC, Registered Agent for RSC Sarasota HE, LLC d/b/a Heron East 1660 N.E. Miami Gardens Drive, Suite 8 North Miami Beach, Florida 33179 (U.S. Certified Mail) Mary Daley Jacobs, Assistant General Counsel Agency for Health Care Administration Office of the General Counsel 2295 Victoria Avenue, Roort: 346C Fort Myers, Florida 33901 (Interoffice Mail) SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 1 m Complete Items 1, 2, “and 3. Also-complete } . ‘item 4it Restricted Delivery Is dealred, } P Print your nameé and address on the reverse j so that we cari return the card to you. : | lt Attach this’card to the back of the maiiplece, ; oron the front If space Berit . wh Article Addressed D. ts dellvery address different from Item t? (J. Yes ; YES, enter dalivery address befow:, CI No ] 8. Service Type, * Pl ceriited Mal - Expreas | Mall . . Cl Registered (C1 Return Receipt for Merchandise “insured Mall 16.0.0, . “14, Restricted Delivery? (Extra Fee) ; ic Article Number .: °°: 0: (Transter from service label)’ 7004 “Ye80.000R 8777 Vebo , "BS Fon 3811, Februsry 2004 Domestic Retum Receipt 1586 ce EH

Docket for Case No: 11-003315

Orders for Case No: 11-003315