STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES FILED AGENCY FOR PERSONS WITH DISABILITIES, March 6, 2020 us Agency Clerk Petitioner, Agency for Persons with y Disabilities License Number: 5539-10-GA OSBORNE GROUP HOME, OWNED AND OPERATED BY TORIA’S SUPPORT CARE SERVICES, INC., Respondent. / ADMINISTRATIVE COMPLAINT The AGENCY FOR PERSONS WITH DISABILITIES, (“Agency”), issues this Administrative Complaint against Osborne Group Home, owned and operated by Toria’s Support Care Services, Inc., (or “Respondent’’), and states the following as the basis for this complaint: 1. Petitioner is the state agency charged with regulating the licensing and operation of foster care facilities, group home facilities, residential habilitation centers, and comprehensive transitional education programs pursuant to section 20.197 and Chapter 393, Florida Statutes. 2. At all times material to this complaint, Respondent has held a group home facility license issued by the Agency for the following address: 3702 E. Osborne Avenue, Tampa, Florida 33610. 3. According to the Florida Division of Corporations, Toria’s Support Care Services, Inc. is a registered and active Florida profit corporation. Victoria Rowe is identified as president and registered agent of Toria’s Support Care Services, Inc. 4. Section 393.0673, Florida Statutes, sets forth the Agency’s authority for denial, suspension, or revocation of license; moratorium on admissions; and administrative fines. (1) The agency may revoke or suspend a license or impose an administrative fine, not to exceed $1,000 per violation per day, if: (a) The licensee has: 1. Falsely represented or omitted a material fact in its license application submitted under s. 393.067; 2. Had prior action taken against it under the Medicaid or Medicare program; or 3. Failed to comply with the applicable requirements of this chapter or rules applicable to the licensee; or (b) The Department of Children and Families has verified that the licensee is responsible for the abuse, neglect, or abandonment of a child or the abuse, neglect, or exploitation of a vulnerable adult. COUNT I The Agency re-alleges and incorporates paragraphs one through four as if fully set forth herein. On or about September 29, 2019, S.W., a vulnerable adult resident of Osborne Group Home, entered the kitchen and attempted to grab a hamburger. He was initially blocked by Respondent’s staff Marie Jacques from accessing the food. The food continued to remain out on the counter. A short time later, S.W. re-entered the kitchen. Respondent’s staff Teresia Cyprian was present in the kitchen but did not take notice of S.W. when he re-entered the room. S.W. proceeded to take and ingest a hamburger without any response or intervention by Ms. Cyprian. Shortly after ingesting the hamburger, S.W. began choking and became unresponsive. Respondent’s staff contacted 911 and were directed to attempt CPR. Staff Khin Thet performed a sweep of his mouth and removed several pieces of hamburger. She attempted to perform the Heimlich maneuver on S.W., who was not able to stand, but was unsuccessful. Although there were four direct care staff present in the home, all certified in CPR, no one performed CPR on S.W., even though he was not breathing. CPR was initiated by the paramedics upon their arrival, and S.W. was taken to the hospital. S.W. never regained consciousness and was placed on life support and died on or about October 11, 2019. His cause of death was anoxic encephalopathy following resuscitation from cardiopulmonary arrest, mechanical obstruction of airway. S.W. had a documented history of stealing food and was prone to aspiration and choking. On or about October 1, 2018, a registered dietician ordered him to only have pureed solid foods and thin liquids. Due to his frequent, documented behavior of attempting to grab and ingest solid foods, he required constant supervision by staff to prevent aspiration and choking. 10. 11. 12. 13. 14. 15. 16. On or about October 3, 2019, the Department of Children and Families (“DCF’’) commenced an investigation into this incident. DCF closed their investigation on or about November 26, 2019, with verified findings of death, asphyxiation, medical neglect, and inadequate supervision against Respondent’s employees Teresia Cyprian and Marie Jacques. Each facility must provide the level of supervision necessary to ensure that residents are protected from harm and that a safe and healthy living environment is created and maintained. Direct service providers must be given specific information and strategies to provide such an environment for all of residents of the facility. A violation of this subsection shall constitute a Class I violation. Fla. Admin. Code R. 65G-2.009(6). The Agency may revoke a license or impose an administrative fine if the licensee has failed to comply with the applicable requirements of this chapter or applicable tules. § 393.0673, Fla. Stat. Based on the foregoing, Respondent violated Rule 65G-2.009(6), Florida Administrative Code, by not providing the level of supervision necessary to ensure that residents are protected from harm and that a safe and healthy living environment is created and maintained and by not giving direct service providers specific information and strategies to provide such an environment for all of residents of the facility. COUNT II The Agency re-alleges and incorporates paragraphs one through four as if fully set forth herein. On or about September 29, 2019, S.W., a vulnerable adult resident of Osborne Group Home, entered the kitchen and attempted to grab a hamburger. He was initially blocked by Respondent’s staff Marie Jacques from accessing the food. The food continued to remain out on the counter. A short time later, S.W. re-entered the kitchen. Respondent’s staff Teresia Cyprian was present in the kitchen but did not take notice of S.W. when he re-entered the room. S.W. proceeded to take and ingest a hamburger without any response or intervention by Ms. Cyprian. Shortly after ingesting the hamburger, S.W. began choking and became unresponsive. Respondent’s staff contacted 911 and were directed to attempt CPR. Staff Khin Thet performed a sweep of his mouth and removed several pieces of hamburger. She attempted to perform the Heimlich maneuver on S.W., who was not able to stand, but was unsuccessful. Although there were four direct care staff 17. 18. 20. 21. 22. 23. present in the home, all certified in CPR, no one performed CPR on S.W., even though he was not breathing. CPR was initiated by the paramedics upon their arrival, and S.W. was taken to the hospital. S.W. never regained consciousness and was placed on life support and died on or about October 11, 2019. His cause of death was anoxic encephalopathy following resuscitation from cardiopulmonary arrest, mechanical obstruction of airway. S.W. had a documented history of stealing food and was prone to aspiration and choking. On or about October 1, 2018, a registered dietician ordered him to only have pureed solid foods and thin liquids. Due to his frequent, documented behavior of attempting to grab and ingest solid foods, he required constant supervision by staff to prevent aspiration and choking. On or about October 3, 2019, the Department of Children and Families (“DCF’’) commenced an investigation into this incident. DCF closed their investigation on or about November 26, 2019, with verified findings of death, asphyxiation, medical neglect, and inadequate supervision against Respondent’s employees Teresia Cyprian and Marie Jacques. The Agency may revoke a license or impose an administrative fine if the Department of Children and Families has verified that the licensee is responsible for the abuse, neglect, or abandonment of a child or the abuse, neglect, or exploitation of a vulnerable adult. § 393.0673, Fla. Stat. Respondent violated section 393.0673, Florida Statutes, by being verified by DCF as responsible for the abuse, neglect, or abandonment of a child or the abuse, neglect, or exploitation of a vulnerable adult. COUNT III The Agency re-alleges and incorporates paragraphs one through four as if fully set forth herein. On or about January 19, 2018, the Agency for Health Care Administration (“AHCA”) filed an administrative complaint against Victoria Rowe, President and Registered Agent of Florida corporation Toria’s Support Care Services, Inc. The administrative complaint required the respondent, Toria’s Support Care Services, Inc., d/b/a Toria’s Assisted Living Facility I, to pay an administrative fine related to the operation of an assisted living facility. 24. 25. 26. 27. 28. 29. 30. 31. On or about February 20, 2018, AHCA filed an administrative complaint against Victoria Rowe, President and Registered Agent of Florida corporation Toria’s Support Care Services, Inc. The administrative complaint required the respondent, Toria’s Support Care Services, Inc., d/b/a Toria’s Assisted Living Facility IL to pay an administrative fine related to the operation of an assisted living facility. On or about April 18, 2018, AHCA filed a final order imposing an administrative fine of $500.00 against Toria’s Support Care Services, Inc., d/b/a Toria’s Assisted Living Facility IT. On or about July 3, 2018, AHCA filed a final order imposing an administrative fine of $500.00 against Toria’s Support Care Services, Inc., d/b/a Toria’s Assisted Living Facility I. On the Agency facility license application form, Question | reads as follows: Have you or a controlling entity affiliated with this application ever had a license denied, revoked, or suspended in any county in Florida, or any other state or jurisdiction OR been the subject of disciplinary action, or the party responsible for a licensed facility receiving an administrative fine? On the annual renewal license application form submitted to the Agency, notarized on November 16, 2018, Victoria Rowe falsely answered “no” to question | in the Affidavit portion of the application. On the annual renewal license application form submitted to the Agency, notarized on November 15, 2019, Victoria Rowe again falsely answered “no” to question 1 in the Affidavit portion of the application. The Agency may revoke a license or impose an administrative fine if the licensee has falsely represented or omitted a material fact in its license application. § 393.0673, Fla. Stat. Respondent violated section 393.0673, Florida Statutes, by falsely representing a material fact in its license application. Based on the foregoing and pursuant to section 393.0673, Florida Statutes, the Agency requests that a Final Order be entered that revokes the Respondent’s license or places any less penalty against Respondent’s license as proscribed by law. Trevor Suter, Esq. Senior Attorney Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 Dated March 6, 2020 Attachments: Notice of Administrative Hearing Rights Copies furnished to: Victoria Rowe Michael Taylor Toria’s Support Care Services, Inc. Regional Operations Manager 11013 Hannaway Drive APD Suncoast Region Riverview, Florida 33578 ago agency for persons with disabilities State of Florida Notice of Administrative Hearing Rights For Administrative Complaint You have the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes (F.S.), and to be represented by counsel or qualified representative to challenge the administrative complaint. To obtain an administrative hearing, you must file a written request for hearing with the Agency Clerk by 5:00 PM Eastern Time within 21 days of the day that you receive the administrative complaint. Filed with the Agency Clerk means received by the Agency Clerk’s Office. If you fail to file the request for hearing within the 21 days, you waive the right to have a hearing. The request for hearing shall include: 1. Your name, address, e-mail address, telephone number, and facsimile number, if any, if you are not represented by an attorney or a qualified representative; 2. The name, address, e-mail address, telephone number, and facsimile number of your attorney or qualified representative, if any, upon whom service of pleadings and other papers shall be made; 3. A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. (Pursuant to sections 120.569 and 120.57, F.S., a disputed issue of material fact entitles you to a formal hearing; if there are no disputed issues of material fact then you are entitled to an informal hearing); 4. A statement of when you received notice of the administrative complaint; and 5. A statement including the file number on the administrative complaint. You must file your request for hearing with the Agency Clerk by hand delivery, express delivery service, U.S. mail, facsimile transmission, or by email at the following address: Agency for Persons with Disabilities Attention: Agency Clerk Filed with the Agency Clerk means received in 4030 Esplanade Way, Suite 335 the Office of Agency Clerk by 5:00 pm on the Tallahassee, FL 32399 due date. APD.AgencyClerk@apdcares.org (850) 922-4556 (phone) Mediation under s.120.573, Florida Statutes, is (850) 410-0665 (fax) not available for this proceeding. Rev. OGC May 19, 2017 http://apdcares.org

Docket for Case No: 20-001765FL