The Issue Whether the Respondent, a licensed assisted living facility (ALF), committed the violations alleged in the Administrative Complaint, and, if so, the penalties Petitioner should impose against Respondent.
Findings Of Fact Petitioner is the regulatory authority responsible for licensure and enforcement of all applicable statutes and rules governing ALFs in Florida. Loving Care is licensed by Petitioner as a 16-bed ALF at 380 Northwest South River Drive, Miami, Florida. Adrian Goett is the principal owner and authorized representative of Loving Care. Adjacent to Loving Care is an independent living facility owned by Mr. Goett and referred to at the formal hearing as 3320 Northwest Seventh Avenue, Miami, Florida (the adjacent facility). The adjacent facility is not licensed as an ALF. A survey of Loving Care in May of 2012 revealed that the facility had 28 residents, which exceeded its licensed capacity by 12 residents. In June and July 2012, four former Loving Care residents moved from that facility to the adjacent facility. A fifth resident moved from Loving Care to an unknown address. Resident 1 was admitted to Loving Care on November 22, 2010, and was discharged from Loving Care on June 4, 2012. Resident 1 moved from Loving Care to the adjacent facility. Resident 2 was admitted to Loving Care on August 18, 2002, and was discharged from Loving Care on June 4, 2012. Resident 2 moved from Loving Care to the adjacent facility. Resident 3 was admitted to Loving Care on July 2, 2010, and was discharged from Loving Care on July 13, 2012. Resident 3 moved from Loving Care to the adjacent facility. Resident 4 was admitted to Loving Care on June 21, 2011, and was discharged from Loving Care on June 4, 2012. Resident 4 moved from Loving Care to the adjacent facility. A Form 1823 (Form 1823) is a health assessment form approved by Petitioner that is completed for each resident of an ALF upon admission and every three years thereafter. The form is also completed if the resident experiences a change of condition. A Form 1823 was completed for Resident 1 on October 25, 2011. That assessment reflected that Resident 1 needed supervision for bathing, dressing, eating, and self-care. The assessment reflected that Resident 1 needed assistance preparing meals, shopping, making telephone calls, handling personal affairs, and taking medication. Resident 1 needed daily oversight in the categories "observing wellbeing," "observing whereabouts," and "reminders for important tasks." A Form 1823 was completed for Resident 2 on June 16, 2011. That assessment reflected that Resident 2 needed supervision and daily reminders for self-care grooming. Resident 2 required supervision with preparing meals, and handling personal and financial affairs. Resident 2 also needed assistance with self-administration of medication. Resident 3 had no records at Loving Care on October 1, 2012, the date of a survey. No records were produced at the formal hearing for Residents 4 and 5. There was no evidence that the respective needs of Resident 1 or 2 changed from the dates of their assessments to the dates of their discharge from Loving Care. After the four former residents of Loving Care moved to the adjacent facility, Loving Care provided those residents cleaning services and food. The adjacent facility charged the former residents rent. There was no evidence that Loving Care or the adjacent facility provided supervision or assistance with the residents’ activities of daily living. There was no evidence as to how those needs were being met. During the survey on October 1, 2012, the surveyors found two locked medication carts in the adjacent facility. The Administrator of Loving Care was summoned to the area and produced a key that unlocked the medication carts. Inside the carts were prescription medicines for Residents 1, 2, and 4. There was no evidence regarding how the medications came to be in the locked medication carts. There was no evidence as to who had keys to the cart, other than Loving Care’s administrator. These medicines were packaged using bingo cards, which is the way medications are typically administered to institutional residents. A bingo card is a sheet, with each dose of medication sealed in a blister package that is punched out when the dose is administered. Mr. Goett testified that all five of the residents cited in the Administrative Complaint lived independently after they were discharged from Loving Care. Mr. Goett denied that the adjacent facility provided any assistance with activities of daily living or any other services to its residents that would require the adjacent facility to become licensed as an ALF.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Agency for Health Care Administration enter a final order dismissing the Administrative Complaint. DONE AND ENTERED this 4th day of April, 2014, in Tallahassee, Leon County, Florida. S CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 4th day of April, 2014. COPIES FURNISHED: Adrian Goett Loving Care Retirement Services, Inc. 380 Northwest South River Drive Miami, Florida 33128 Nelson E. Rodney, Esquire Agency for Health Care Administration Suite 300 8333 Northwest 53rd Street Miami, Florida 33166 Richard J. Shoop, Agency Clerk Agency for Health Care Administration Mail Stop 3 2727 Mahan Drive Tallahassee, Florida 32308 Elizabeth Dudek, Secretary Agency for Health Care Administration Mail Stop 1 2727 Mahan Drive Tallahassee, Florida 32308 Stuart Williams, General Counsel Agency for Health Care Administration Mail Stop 3 2727 Mahan Drive Tallahassee, Florida 32308
Findings Of Fact From November 1979 to October 1980, and again from October 1982 to May 3, 1983, the Respondent, Ron Adams, who operated Adams Investigations, Inc., in Orlando, Florida, employed George S. Williams as, among other duties, a repossessor for the sum of $400 per week. During both periods of employment, Mr. Williams held no type of license covered or provided for by the provisions of Chapter 493, Florida Statutes. This fact was known by Mr. Adams, who admitted it to Mr. Willie Rister, an investigator for the Petitioner. At the time of the hearing, Respondent held a valid Class "A" license, a Class "C" license, and a Class "E" license. At the times in question, Respondent held at least a valid Class "A" license. No evidence was presented as to the "C" license, and the "E" license was not available until sometime in 1981. The Florida Legislature revised Chapter 493, Florida Statutes, effective July 1, 1980, to require a Class "E" or "EE" license for repossessors. Prior to that time, holders of a Class "A" or "C" license could repossess. The Division of Licensing was not prompt in notifying individuals of the change to the law or in making application forms available to the public. However, during the period leading up to the passage of the legislation in question, and afterwards, Respondent Adams served on the Private Security Advisory Council, an advisory body of the Department of State, to serve as liaison between the agency and the regulated industry. Members of this body generally are very familiar with the rules and regulations of the industry; and, according to Ms. Gast, who worked with the Council and who knows Respondent, Mr. Adams was instrumental in drafting the repossessor rules. Ms. Gast recalls that when the Council took the position that the Department of State should not allow credit for unlicensed experience in determining if an application meets the criteria for licensure as a repossessor, Respondent was present and voted for that position. Therefore, he was intimately familiar with the new legislation, its history, and its intended application.
Recommendation That Respondent pay an administrative fine of $100.
