5D02-1874 Beverly Healthcare v. Agency for Healthcare

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-1874

Case Date: 01/26/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA JANUARY TERM 2004 FIFTH DISTRICT

BEVERLY HEALTHCARE KISSIMMEE, Appellant, v. AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee. _______________________________/ Opinion filed January 30, 2004 Administrative Appeal from the Agency for Health Care Administration Donna Holshouser Stinson and Maura M. Bolivar of Broad and Cassel, Tallahassee, Attorneys for Appellant. Karen L. Goldsmith of Goldsmith, Grout and Lewis, P.A., Winter Park, Amicus Curiae Garnett W. Chisenhall, Tallahassee, Winter Park, Attorney for Appellee. PETERSON, J. Beverly Healthcare Kissimmee (Beverly), a nursing home operator, appeals a final order of the Agency for Health Care Administration (Agency) that downgrades Beverly's state license rating from "standard" to "conditional." The Agency's final order rejected many of the Administrative Law Judge's (ALJ) findings of fact and its conclusion that Beverly was entitled to a standard rating. We reverse. The basic difference that exists between the ALJ's conclusion and that of the Agency CASE NO. 5D02-1874

is the classification of three deficiencies found by the Agency's surveyors during a routine inspection and the follow-up inspection of Beverly's nursing home conducted pursuant to section 400.23, Florida Statutes (2002). The surveyors classified the deficiencies as Class III, while the ALJ classified them as Class IV. We need not relate the details of the first two deficiencies because they were found during the initial inspection and were corrected before the time of the follow-up visit. The third deficiency was found during the follow-up visit. In fact, only the third deficiency is actually relevant as it was the sole deficiency noted in the follow-up inspection, and it is because of this "uncorrected Class III deficiency" that the facility lost its standard license rating. See

Download 5D02-1874 Beverly Healthcare v. Agency for Healthcare.pdf