STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, vs, Case No. 2010012195 HEALTHPARK MEDICAL CENTER LEE MEMORIAL HEALTH SYSTEM, 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, HEALTHPARK MEDICAL CENTER LEE MEMORIAL HEALTH SYSTEM (hereinafter “the Respondent”), pursuant to Sections 120.569 and 120.57, Florida Statutes (2010), and alleges as follows: NATURE OF THE ACTION This is an action to impose an administrative fine against a hospital in the amount of ONE THOUSAND DOLLARS ($1,000.00) pursuant to Section 395.1065(2)(a), Florida Statutes (2010). JURISDICTION AND VENUE 1. The Court has jurisdiction over the subject matter pursuant to Sections 120.569 and 120.57, Florida Statutes (2010). 2. The Agency has jurisdiction over the Respondent pursuant to Sections 20.42 and 120.60, Florida Statutes (2010), Chapters 408, Part II, and 395, Part I, Florida Statutes (2010), and JANOS 2012 Filed January 31, 2012 10:17 AM Division of Administrative Hearings Chapter 59A-3, 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 hospitals in Florida and enforces the applicable federal and state regulations, statutes and rules governing hospitals pursuant to Chapter 408, Part II, Florida Statutes (2010); Chapter 395, Part I, Florida Statutes (2010), and Chapter 59A-3, Florida Administrative Code. The Agency may deny, revoke, suspend a license, or impose an administrative fine against a hospital, for the violation of any provision of Chapter 395, Part I, Florida Statutes (2010), or any rule adopted under this part. 5. The Respondent was issued a license by the Agency to operate a 783-bed hospital (License No, 4186) located at 9981 S. HealthPark Drive, Fort Myers, Florida 33908, and was at all times material required to comply with the applicable federal and state regulations, statutes and rules. COUNT I The Respondent Failed To Ensure Nursing Services Only Performed Procedures With A Signed Physician Order In Violation Of Rule 59A-3,2085(5)(e)(1)-(3), Florida Administrative Code 6. The Agency re-alleges and incorporates by reference paragraphs one (1) through five (5). 7, Pursuant to Florida law, each hospital shall be organized and staffed to provide quality nursing care to each patient. Where a hospital’s organizational structure does not have a nursing department or service, it shall document the organizational steps it has taken to assure that oversight of the quality of nursing care provided to each patient is accomplished. The nursing process of assessment, planning, intervention and evaluation shall be documented for each hospitalized patient from admission through discharge. Each patient’s nursing needs shall be assessed by a registered nurse at the time of admission or within the period established by each facility’s policy. Nursing goals shall be consistent with the therapy prescribed by the responsible medical practitioner. Nursing intervention and patient response, and patient status on discharge from the hospital, must be noted on the medical record, Rule 59A-3.2085(5)(e)(1)-(3), Florida Administrative Code. 8. On or about September 9, 2010 through September 13, 2010, the Agency conducted a Complaint Survey (CCR# 2010009134) of the Respondent's facility. 9. Based on clinical record review and interview, it was determined the facility failed to ensure nursing services only performed procedures with a signed physician order for one (1) of four (4) sampled patients, Patient number one (1). This has the potential to affect the health, safety, and well-being of all the patients the hospital served. 10, On September 9, 2010, a clinical record review revealed Patient number one (1) presented to the Emergency Department on August 12, 2010. Documentation showed at 9:11 p.m. Patient number one (1) had a Foley catheter placed by nursing staff. A review of the record showed there was no physician order for Foley catheter placement. 11, An interview with the nurse revealed she had informed the physician who may have thought she had written the order. A lack of a physician order was confirmed with hospital staff. The Foley catheter was removed on August 12, 2010 at 10:30 p.m. without a physician order. 12, The Agency may impose an administrative fine, not to exceed $1,000 per violation, per day, for the violation of any provision of Chapter 395, Part J, Florida Statutes (2010); Chapter 408, Part II, Florida Statutes (2010), or applicable rules. Each day of violation constitutes a separate violation and is subject to a separate fine. Section 395.1065, Florida Statutes * (2010). 13. The Agency provided the Respondent with a mandatory correction date of October 13, 2010. WHEREFORE, the Petitioner, State of Florida, Agency for Health Care Administration, intends to impose an administrative fine against the Respondent in the amount of ONE THOUSAND DOLLARS ($1,000.00). CLAIM FOR RELICE 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 as set forth above, 2. Impose an administrative fine in the amount of ONE THOUSAND. DOLLARS ($1,000.00) against the Respondent, 3, Order any. other relief that the Court deems just and appropriate. Respectfully submitted this 22nel day of About USPS Home > Business Customer Gateway > Terms of Use > Buy Stamps & Shop» Newsroom > Postal Inspectors > FOIAs Print a Label with Postage > Mail Service Upelates > Inspector General » No FEAR Act EEO Data > Customer Service » Forms & Publications » Postal Explorer > Site Index » Careers > Copyright® 2012 USPS. All Rights Reserved. https://tools.usps.com/go/TrackConfirmAction.action 01/30/2012

Docket for Case No: 12-000441

Issue Date	Proceedings
Jun. 07, 2012	Settlement Agreement filed.
Jun. 07, 2012	Agency Final Order filed.
Mar. 29, 2012	Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 22, 2012	Motion to Relinquish Jurisdiction filed.
Mar. 05, 2012	Notice of Service of HPMC?s Responses to AHCA?s First Set of Interrogatories, Request for Admissions, and Requests for Production filed.
Mar. 05, 2012	Notice of Service of Agency's Response to HealthPark Medical Center Lee Memorial Health System's First Requests for Production of Documents to Agency for Health Care Administration filed.
Feb. 28, 2012	Notice of Service of Agency's Response to HealthPark Medical Center's First Set of Interrogatories to Agency for Health Care Administration filed.
Feb. 21, 2012	Healthpark Medical Center?s Notice of Taking Deposition Duces Tecum of Designee of The Agency For Health Care Administration filed.
Feb. 08, 2012	Notice of Hearing (hearing set for April 24 and 25, 2012; 9:00 a.m.; Fort Myers, FL).
Feb. 08, 2012	Order of Pre-hearing Instructions.
Feb. 07, 2012	Notice of Service of HPMC?s First Set of Interrogatories and Requests for Production of Documents to AHCA filed.
Feb. 07, 2012	Joint Response to Initial Order filed.
Feb. 01, 2012	Notice of Service of Agency's First Set of Interrogatories, First Request for Admissions and Request for Production of Documents to Respondent filed.
Jan. 31, 2012	Initial Order.
Jan. 31, 2012	Notice (of Agency referral) filed.
Jan. 31, 2012	Petition for Formal Administrative Proceeding filed.
Jan. 31, 2012	Administrative Complaint filed.

Orders for Case No: 12-000441

Issue Date	Document	Summary
Jun. 07, 2012	Agency Final Order