Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: THE ABIGAIL GROUP, INC., D/B/A THE ABIGAIL
Judges: LYNNE A. QUIMBY-PENNOCK
Agency: Agency for Health Care Administration
Locations: Tampa, Florida
Filed: Aug. 26, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 6, 2013.
Latest Update: Dec. 22, 2024
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
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Docket for Case No: 13-003252
Issue Date |
Proceedings |
Nov. 06, 2013 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Nov. 05, 2013 |
CASE STATUS: Motion Hearing Held. |
Nov. 05, 2013 |
Notice of Filing the Agency's Request for Admissions filed.
|
Nov. 04, 2013 |
Notice of Telephonic Motion Hearing (motion hearing set for November 5, 2013; 2:00 p.m.).
|
Nov. 01, 2013 |
Motion to Compel filed.
|
Oct. 31, 2013 |
Objection to Motion to Relinquish Jurisdiction filed.
|
Oct. 31, 2013 |
The Agency's Witness List filed.
|
Oct. 25, 2013 |
Respondent's Responses to AHCA's First Request for Admissions filed.
|
Oct. 25, 2013 |
Notice of Appearance (Thomas Caufman) filed.
|
Oct. 25, 2013 |
Motion to Relinquish Jurisdiction filed.
|
Sep. 06, 2013 |
Notice of Service of Agency's First Set of Interrogatories, Request for Admissions and Request for Production of Documents to Respondent filed.
|
Sep. 04, 2013 |
Notice of Unavailability filed.
|
Aug. 28, 2013 |
Order of Pre-hearing Instructions.
|
Aug. 28, 2013 |
Notice of Hearing by Video Teleconference (hearing set for December 10, 2013; 9:00 a.m.; Tampa and Tallahassee, FL).
|
Aug. 27, 2013 |
Joint Response to Initial Order filed.
|
Aug. 27, 2013 |
Initial Order.
|
Aug. 26, 2013 |
Administrative Complaint filed.
|
Aug. 26, 2013 |
Election of Rights filed.
|
Aug. 26, 2013 |
Order of Dismissal without Prejudice Pursuant to Section 120.569(2)(c), Florida Statutes, to Allow for Amendment and Resubmission of Petition filed.
|
Aug. 26, 2013 |
Respondent's Response to Order of Dismissal without Prejudice and Petition for Formal Hearing filed.
|
Aug. 26, 2013 |
Notice (of Agency referral) filed.
|