The Issue Whether the Respondent violated provisions of Section 400.419(3)(c), Florida Statutes, and Chapter 10A-5, Florida Administrative Code, more specifically alleged in the Administrative Complaint dated April 10, 1992.
Findings Of Fact The Respondent, Sun 'N Lake Towers, is an ACLF located in Sebring, Florida, and is duly licensed for 224 beds. On May 14, 1991, the annual licensure survey of Sun 'N Lake Towers reviewed the facility's records to determine the current census and number of meals per day the facility had contracted to serve to its residents. The amount of non-perishable food that would be required to feed the facility's residents two meals per day for seven days was calculated. The supply of food in storage was deficient for every food group by about 50% of the necessary amount of food. A non-perishable food supply protects the residents in the event of a tornado, hurricane, or other disaster. Some of the residents at Respondent's facility were on physician ordered therapeutic diets. One resident, P.M., was on a diabetic diet, but was served orange juice. Orange juice is high in fructose and is not appropriate for such a diet. Tomato juice would have been appropriate, but it was not observed on hand at the facility. Another resident who was on a diabetic diet received a sugary dessert in violation of the physician's order. Another resident on a diabetic diet, M.F., received only one serving of bread and no milk instead of two servings of each group as ordered by the physician. Failure to comply with a physician ordered diabetic diet could result in very serious health problems for a patient. Resident, E.N., who was on a physician ordered 1200 calorie per day diet, received a 4 to 5 ounce serving of meat instead of the two ounce serving ordered by the physician. The facility served a boxed stuffing which was high in sodium content to six residents who were on physician ordered low sodium diets. The facility had no system in place to ensure that information regarding residents' therapeutic diets was transmitted to the food service staff, and the food service staff had no system in place to substitute a modified menu into the meal pattern when required. The food at Sun 'N Lake Towers is otherwise tasty and served in bountiful amounts. An advertisement for Sun 'N Lake Towers was placed the March 1991 edition of Senior Scene Magazine. The advertisement failed to state whether the facility was affiliated with any religious organization. Sun 'N Lake Towers' more recent advertisement now contains the requisite affirmative disclosure. Although the facility kept resident property in trust, it failed to provide a quarterly statements to the residents. The deficiencies cited following the May 14, 1991 visit were also cited during the licensure survey of April 24, 1990.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of all four citations, and that the Agency for Health Care Administration enter a Final Order imposing a fine of $850.00 ($100 suspended) upon the Respondent, Sun 'N Lake Towers. RECOMMENDED this 25th day of January, 1993, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of January, 1993.
The Issue Whether Respondent failed to timely correct discrepancies noted during the survey of January 31, 1992 and, if so, what penalty is appropriate.
Findings Of Fact During the Annual Survey of Respondent ACLF on January 31, 1992 numerous discrepancies were found and at the exit interview Respondent was notified of these discrepancies and given a time frame in which to correct these discrepancies. In a follow-up inspection on April 29, 1992 more than one month later than Respondent was given to correct the discrepancies, the following deficiencies reported on the January 31, 1992 survey still existed. Residents were not provided the opportunity to plan the menus; Menus were not reviewed by a registered or licensed dietitian on a regular basis; The therapeutic diets provided did not document on the menu the food items which enable residents to comply with their therapeutic diet; and Respondent failed to have an annual nutritional review by a registered or licensed dietitian.
Recommendation RECOMMENDED that Willie Mae Johnson d/b/a Leisure Living be assessed an administrative fine of $250 each for the two violations for a total administrative fine of $500. RECOMMENDED this 3rd day of March, 1993, at Tallahassee, Florida. K. N. AYERS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of March, 1993. COPIES FURNISHED: Thomas W. Caufman, Senior Attorney Agency for Health Care Administration Office of Licensure and Certification 7827 North Dale Mabry Drive Tampa, Florida 33614 Willie Mae Johnson, Owner Leisure Living 401 S.W. 9th Avenue Mulberry, Florida 33860 Sam Power, Agency Clerk Agency for Health Care Administration The Atrium, Suite 301 John Knox Road Tallahassee, Florida 32303 Harold D. Lewis, Esquire Agency for Health Care Administration The Atrium, Suite 301 John Knox Road Tallahassee, Florida 32303
