STATE OF FLORIDA

AGENCY FOR HEALTH CARE ADMINISTRATION

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

I

Petitioner,

vs. Case No. 2011008285

J Respondent.

SANDRACAMPBELLd/bra

LOVE-N-CARE ASSITED LIVING,

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ADMINISTRATIVE COMPLAINT

COMES NOW the STATE OF FLORIDA, AGENCY FOR HEALTH CARE

ADMINISTRATION (hereinafter "Petitioner" or "Agencf'), by and through the undersigned

I

! I counsel, and files this Administrative Complaint against an Sandra Campbell d/b/a Love-N-Care

Assisted Living (hereinafter "Respondent"), pursuant to § 120.569 and § 120.57, Fla. Stat. (2011), and alleges:

NATURE OF THE ACTION

This is an action to impose an administrative fine in the amount of three thousfllld eight

hundred seventy one dollars twenty cents ($3,871.40) based upon§ 429.24(3), Fla. Stat. (2010)

JURISDICTION AND VENUE

1. The Agency has jurisdiction pursuant to § 20.42, § 120.60 and Chapters 408, Part II, and

   
   

   429, Part I, Fla. Stat. (2011).

   
   

2. Venue lies pursuant to Florida Administrative Code R. 28-106.207.

   
   

   PARTIES

3. The Agency is the regulatory authority responsible for licensure of assisted living facilities and enforcement of all applicable regulations, state statutes and rules governing assisted

   
   

   Filed September 22, 2011 2:51 PM Division of Administrative Hearings

   living facilities pursuant to the Chapters 408, Part II, and 429, Part I, Florida Statutes, and Chapter 58A-5, Florida Administrative Code.

4. Respondent operates a sixteen (16) bed assisted living facility (hereafter "ALF") located

   
   

   at 5426 18th Street West, Bradenton, Florida 34207 and is licensed as an assisted living facility, license number 10666.

5. Respondent was at all times material hereto a licensed facility under the licensing authority of the Agency, and was required to comply with all applicable rules and statutes.

   COUNTI

6. The Agency re-alleges and incorporates paragraphs one (1) through five (5) as if fully set forth herein.

7. That pursuant to Florida law, a contract shall include a refund policy to be implemented

   
   

   _J 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 po11ion 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. For the purpose of this paragraph, the tennination 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 ciaim 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 ofno 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 the paragraph, which fine shall be equal to three times the amount due to the resjdent. 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 ins. 429J8. See§ 429.24(3), Florida Statutes (2010). < ·

8. That on April 4, 2011, the Agency conducted a Complaint hivestigation Survey (CCR No. 2011000428) of Respondent.

9. That based upon the review of records and interview, Respondent failed to timely refund advance payments to a discharged resident or resident's personal representative, the same being contrary to the mandates oflaw.

10. That Petitioner's representative reviewed Respondent's records related to resident number one (1) during the survey and noted as follows:

    1. The resident's contract was dated April 25, 2008 and reflected a monthly room and board rate of three thousand ($3,000.00) per month.

    2. Of this monthly sum, one thousand one hundred dollars ($1,100.00) was contributed from the Long.Term Care Diversion Program.

    3. For the month of August, 2010, the family paid two thousand dollars ($2,000.00) for the resident's monthly room and board as evidenced by a copy of a check dated July 24, 2010. made out to Respondent for the month of August, 20I0.

    4. The resident expired on August 11, 2010.

       
       

    5. That based thereon, a resident was due a refund for the period August 12, 2010 through the end of that month.

    6. That a refund was due to the resident's representative within forty-five (4S) days of the resident's expiration or September 2S, 2010.

    7. · That as of April 4, 2011, Respondent had made no refund on behalf of the resident.

11. That the prorated sum is calculated as follows:

    
    

    1. : August 2010 -:- thirty-one (31) days divided by the two thousand dollar'

       
       

       . ($2,000.00) sum paid equals sixty-four dollars fifty-two cents ($64.S24) per day.

    2. The resident refund is for twenty (20) days, August 12 through 31, 2010, or a total sum of one thousand two hundred ninety dollars forty cents (1,290.40).

12. That Respondent had a statutory duty to pay 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 within forty-five (4S) days of a resident's death.

13. That based upon the daily rate, resident number one (1) was due a refund of one thousand two hundred ninety dollars forty cents (1,290.40) by September 25, 2010, forty-five (4S) days after the resident's passing.

14. That pursuant to law, the failure to timely remit a refund subjects a licensee to a penalty of three (3) times the sum improperly retained.

15. That upon information and belief, Respondent refunded five hundred eighty nine dollars seventeen cents ($589.17) to the resident's representative in July 2011.

16. That the above reflects Respondent's failure to timely submit a refund to a discharged

resident or the resident's representative and subjects Respondent of an administrative fine in three (3) times the amount of the refund due pursuant to law.

WHEREFORE, the Agency intends to impose an administrative fine in the amount of three (3) times the refund amount of one thousand two hundred ninety dollars forty cents

(1,290.40), which equates to the treble fine in the sum of three thousand eight hundred seventy­ one dollars twenty cents ($3,871.40) against Respondent, an assisted living facility in the State of

7 Florida, payable one-half(½) to the Agency and one-half(½) to the resident or the resident's

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representative/estate, pursuant to§ 429.24(3), Fla. Stat. (2010).

Respectfully submitted thisl3..day of July, 2011.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION

The Sebring Building

525 Min·or Lake Dr. N., Suite 330 St. Petersburg, Florida 33701 Telephone: (727) 552-1947

Facsimile: (727) 552-1440

By: --+--,e,-------

Th Walsh II, Esq.

Fla: o. 566365

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 Malian Drive, Bldg #3, MS #3, Tallaliassee, FL 32308; Teleplione (850) 412-3630.

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

b,

. I HEREBY CERTIFY th.at a true and correct copy of the foregoing has een served by

U.S. Certified Mail, Return Receipt No. 7Ql 1 0470 0000 7951 3876 on July Z- 2011 to Sandra Campbell d/b/a Love-N-Care Assisted Living, 5426 18th Street West, Bradenton, Florida 34207..

Copy furnished to: Sandra Campbell

Owner and Administrator

Love-N-Care Assisted Living 5426 18th Street West, Bradenton, Florida 34207 (US Certified Mail)

Patricia Caufman Field Office Manager

Agency for Health Care Admin. (Interoffice Mail)

Thomas J. Walsh, II Senior Attorney

Agency for Health Care Admin. 525 Mirror Lake Drive, #330G St. Petersburg, FL 33701 (Interoffice Mail)

.1, Artlcl8 Adc;ffG!HI i :

i • Sandra Campbeii

i ', Owner and Administrator

i • Love-N-Care Assisted Living

( • 5426 181h Street West, Bradenton,

Florida 34207

,.

I                       .                             

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l . i 7 □11 □ 47 0 000□ 7951 3876

f f'$ Form.38ffiFebruaiy°2004 . "Ool\i'O>!IC.H ll'J?'"= •·

Docket for Case No: 11-004929