STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Petitioner, . CaseNo. 2013004281 vs. THE ABIGAIL GROUP, INC. d/b/a THE ABIGAIL, Respondent. ADMINISTRATIVE COMPLAINT The Agency for Health Care Administration (hereinafter “Agency”, by and through undersigned counsel, files this Administrative Complaint against The Abigail Group, Ine, d/b/ a The Abigail (hereinafter “Respondent” or “facility”, pursuant to Section 120. 569, and 120.57, Florida Statutes, (2012), and alleges: NATURE OF THE ACTION This is an action for to impose administrative fines in the amount of $500.00 based upon ONE State Class III deficiency pursuant to § 429,19(2)(c), Florida Statutes (20 12). JURISDICTION AND VENUE . ; 1. The Agency has jurisdiction pursuant to §§ 20.42, 120.60 and Chapters 408, Part IT, and 429, Part I, Florida Statutes (2012), 2. Venue lies pursuant to Fla. Admin. 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 state statutes and rules governing assisted. living ‘facilities pursuant to the Chapters 408, Part IL, and 429, Part I, Florida Statutes, and. Chapter 58A-5, Florida Administrative Code, 4, Respondent operates a 17-bed assisted living facility located at 320 South Delaware, Tampa, FL 33606, and is licensed as an assisted living facility, license number 10498, 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. COUNT I~ tag-A0152 6. The Agency re-alleges and incorporates paragraphs (1) through (5) as if fully set forth herein, | 7. Pursuant to Florida law:: 58A-5.023 Physical Plant Standards, (2) EXISTING FACILITIES, | '(a) An assisted living facility that was initially licensed prior to the effective date of this rule must comply with the rule or building code in effect at the time of initial licensure, except that any part of the facility . included in additions, modifications, alterations, refurbishing, renovations or reconstruction must comply with the codes and standards referenced in subsection (1) of this rule. Determination of the installation of a fire sprinkler system in an existing facility must comply with the requirements described in Section 429.41, F.S. caneren Gn (b) A facility undergoing change of ownership shall be considered an existing facility for putposes of this rule, (3) OTHER REQUIREMENTS. (a) All facilities must: 1. Provide a safe living environment pursuant to Section 429,28(1)(a), F.S.; and 2, Must be maintained free of hazards; and 3, Must ensure that all existing architectural, mechanical, electrical and structural systems and appurtenances are maintained in good working order. (b) Pursuant to Section 429,27, F.S., residents shall be given the option of using their own belongings as space permits. When the facility supplies the furnishings, each resident bedroom or sleeping area must have at least the following furnishings: 1, A clean, comfortable bed with a mattress no less than 36 inches wide and 72 inches long, with the top surface of the mattress a comfortable height to ensure easy access by the resident; 2. A closet or wardrobe space for hanging clothes; 3, A dresser, chest or other furniture designed for storage of personal effects; 4, A table, bedside lamp or floor lamp, and. waste basket; and 5. A comfortable chair, if requested. (c) The facility must maintain master or duplicate keys to resident bedrooms to be used in the event of an emergency. (d) Residents who use portable bedside commodes must be provided with privacy during use. (e) Facilities must make available linens and personal laundry services for residents who require such services. Linens provided by a facility shall be free of tears, stains and not be threadbare. Fla. Admin. Code R, 58A-5.023 8. On I anuary 8, 2013, the Agency conducted a complaint survey, CCR# 2013000141, of this assisted living facility and found the facility out of compliance with the above Rule. 9 Based on observation and interviews, the facility failed to ensure that the building's structure was free of potential hazards related to water-damaged walls and ceilings, which place the residents at risk of potential injury and health hazards. Findings included: Seer Gs On Water damage and peeling paint was evident in the ceiling above the staircase that leads to the facility owner's apartment and the adjacent wall. The stained. wall and the ceiling had separated and the paint was peeling. During an interview, the facility owner (also identified as Resident #2) acknowledged the damage. She said it occurred during a storm and that she was waiting to have the wall and ceiling repaired because a leak in the roof ‘needed fixed first. Apparently, the roof had been repaired three times already, but water was still leaking through. 10. The facility’ s failure to repair the leak in the roof and ceiling puts the residents at tisk of having materials fall from the wall and/or ceiling, and of being exposed to mold which could lead to health concerns, 11. The Agency determined that this deficient practice was related to the operation and maintenance of a provider or to the care of clients which the agency determines indirectly or potentially threatens the physical or emotional health, safety, or security of clients, other than class 3 or class II violations. 12. The Agency cited the Respondent for a Class III violation in accordance with Section 429,19(2)(c), Florida Statutes (2012) and, by letter dated January 17, 2013, provided thirty days within which the correction should be made, or until February 16, 2013. 13. On February 22, 2013, the Agency conducted a revisit to the complaint survey of the Respondent facility, Based on observation & interviews, the facility completed a repair of the roof, ceiling and water-damaged walls and the residents were found still at tisk of injury - & health hazards. Findings included: — During an interview, the owner said her insurance company had been out to assess the damage for a 2nd time. The roof had previously been repaired but continues to leak. She added that the roof has several gables which has caused difficulty in finding the source of the leak. The repair men were waiting for another heavy rain to assess the roof again. Her insurance company had been back out 3 days after the agency’s first visit on January 8, 2013. She did not have paper work from that visit but said she would contact the insurance company and fax the information to the Agency. In the meantime, she planned to move two affected residents who reside in a bedroom at the front of the facility to an un-occupied rear bedroom. 14. The facility’s continued failure to have the leaks in the roof and ceiling repaired leaves the residents at risk of harm and is a violation of law. 15. The Agency determined that this deficient practice was related to the operation and maintenance of a provider or to the care of clients which the agency determines indirectly or potentially threaten the physical or emotional health, safety, or security of clients, other than class I or class II violations. 16. The Agency cited the Respondent-for a Class III violation in accordance with Section 429.19(2)(c), Florida Statutes (2012). WHEREFORE, the Agency intends to impose an administrative fine in the amount of five hundred dollars ($500.00), against Respondent, an ALF in the State of Florida, pursuant to Section 429,19(2)(c), Florida Statutes (2012). . NOTICE OF RIGHTS 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 heating 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) 412-3630. Respondent is further notified that the failure to request a hearing with 21 days of receipt of this Administrative Complaint will result in an admission of the facts alleged in the Administrative 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 U.S. Certified Mail, Delivery Confirmation Receipt No. 7011 0470 0000 7951 3333 to Estelle Lopez, Registered Agent, 2626 North Dundee Street, Tampa, FL 33629, and by regular U.S, Mail to Estelle re Administrator, The Abigail, 320 South Delaware, Tampa, FL 33606, this l 4 day of May, 2013. : FLORIDA AGENCY FOR HEALTH Fla Bar. Mo. 0985775 525 Mifror Lake Drive, 330K St. Petersburg, FL 33701 (727) 552-1945; Fax: (727) 552-1440 "suzanne. hutley@ahca.myflorida.com cc: Paul Brown, Area 6 : USPS.com® - Track & Confirm Page 1 of 1 English Customer Seivica USP8 Mobta . Regleter signin ‘Search USPS.com oF Track Packages | Quick Tools Ship a Package Send Mall Mariage Your Mail Shop Business Softuttons Track & Confirm GET EMAIL UPOATES PRINT DRTAILA YOUR LABEL NUMBER ‘SERVICE BYATUS OF YOURITEM ATE & TIME LOCATION FEATURES | j 7ort0s7000070515999 { | Delwered | may 49, 2019, 4:40 pm | TAMPA, Ft. 398411 | Cerlited Mall™ | H . { | i \ ! ! 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Docket for Case No: 13-003252