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Filing # 133640851 E-Filed 08/30/2021 11:17:27 AM
IN THE CIRCUIT COURT OF THE
20% JUDICIAL COURT IN AND
FOR CHARLOTTE COUNTY,
FLORIDA
DEBORAH COOPER BURG, by and through GENERAL JURISDICTION DIVISION
her Court-appointed Guardian, RICKY
BURG; NICOLE BURG, her daughter; and CASE NO. 2020-000616 CA
RICKY BURG, her spouse,
Plaintiffs,
Vv.
WEST FLORIDA PHYSICIAN NETWORK, LLC;
DILENDRA WEERASINGHE; JOHN RIOUX;
FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
FAWCETT MEMORIAL HOSPITAL; SUSAN
BRUNER; ABIGAIL UTECH; SOVI JOSEPH,
M.D., P.A.; SOVI JOSEPH; MILLENNIUM
PHYSICIAN GROUP, LLC d/b/a MILLENNIUM
PHYSICIAN GROUP; CATHY CRISS; LIFE
CARE CENTERS OF AMERICA, INC.; PUNTA
GORDA MEDICAL INVESTORS, LLC d/b/a
LIFE CARE CENTER OF PUNTA GORDA;
LIFE CARE PHYSICIAN SERVICES, LLC;
and VANCE MALONEY, III,
Defendants.
LAIN MO! ON ART) MMARY 0 DEFENDAN
PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF
PUNTA GORDA
COME NOW the Plaintiffs, DEBORAH COOPER BURG, by and through her Court-
appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her
spouse, by and through their undersigned attorneys, and move the Court to enter Partial
Summary Judgment against Defendant PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a
UFE CARE CENTER OF PUNTA GORDA, and state:
Deutsch Blumberg
& Caballero,
PA,
NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, SUITE 2802 « MIAMI, FLORIDA $9132 + TEL (205) 258-6920 1
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 2
1 There is no genuine dispute as to any material fact and Plaintiffs are entitled to Partial
Summary Judgment as a matter of law.
With particularity, Plaintiffs are asserting facts that cannot be genuinely disputed
based upon the depositions, documents, interrogatory answers, and the law as well as
other materials in the record as set forth below.
Background
Plaintiff DEBORAH COOPER BURG was a patient, also known as a resident, at LIFE
CARE CENTER OF PUNTA GORDA, which is a skilled nursing facility, in Charlotte
County, Florida from August 21, 2019 through August 27, 2019 when she was taken
by ambulance to Bayfront Health Punta Gorda.
Defendant PUNTA GORDA MEDICAL INVESTORS, LLC is the owner/licensee of this
facility which does business as LIFE CARE CENTER OF PUNTA GORDA. (See attached
Exhibit A — official record from the Agency for Health Care Administration.)
Defendant PUNTA GORDA MEDICAL INVESTORS, LLC, pursuant to F.S. 400.023, is an
entity that was issued a permit to operate this facility. (See attached Exhibit B.)
The deposition of Kristin Cardona was taken on August 4, 2021. Ms. Cardona was the
Executive Director in August 2019 of LIFE CARE CENTER OF PUNTA GORDA, a 180-
bed skilled nursing facility whereby she oversaw all operations at the facility ensuring
quality care, service and treatment of all patients.
Kristin Cardona’s deposition, page 23, line 18 through page 24, line 9:
Deutsch
& Caballero,
PA,
(NEW WORLD TOWER + 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA 33132 - TEL (905) 358-4320
Burg v West Florida Physician Network, LLC, et al.
CASE NO, 2020-000616 CA
Page 3
Q. Are these words true? In your role, Kristin Cardona, as the
Executive Director of Life Care Center of Punta Gorda, a 180-bed
skilled nursing facility, that you oversaw all operations at the facility,
ensuring quality care, comma, service, comma, and treatment of all
patients? Is that true?
A. As 1 said, I think when you're dealing with a large organization,
like a skilled nursing facility, we always take a team approach. So,
yes, I did oversee all operations. Again, I utilized the resources I
had, such as the director of nursing, the medical director, and our
clinical support team.
6. Further, Defendant PUNTA GORDA MEDICAL INVESTORS is the actual owner of LIFE
CARE CENTER OF PUNTA GORDA in August 2019:
Kristin Cardona’s deposition, page 45, lines 6-21:
Q. And so Punta Gorda Medical Investors, LLC, is the actual owner of
Life Care Center of Punta Gorda, is that your understanding, in
August of 2019?
A. Yes, that is my understanding.
Q. Who were you -- Who was your actual employer?
A. My actual employer was Life Care Centers of America.
Q. Inc.?
A. Yes.
Q. Okay. And was Life Care Centers of America, Inc. the
management company that was in charge of the management of Life
Care Center of Punta Gorda?
A. Yes. I think that's a fair way to state it.
7. The business known as LIFE CARE CENTER OF PUNTA GORDA is a skilled nursing
facility, which is defined, pursuant to F.S. 400.021(7), as any institution, building,
Deutsch Blumberg
4 Caballero, PH,
(NEW WORLD TOWER - 100 N. GISCAYNE BOULEVARD, SUITE 2602 » IMLAMI, FLOAIDA 39132 - TEL (905) 358-6329
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 4
residence, private home, or other place, whether operated for profit or not, including
a place operated by a county or municipality, which undertakes through its ownership
or management to provide for a period exceeding 24-hour nursing care, personal
care, or custodial care for three or more persons not related to the owner or manager
by blood or marriage, who by reason of illness, physical infirmity, or advanced age
require such services, but does not include any place providing care and treatment
primarily for the acutely ill. A facility offering services for fewer than three persons is
within the meaning of this definition if it holds itself out to the public to be an
establishment which regularly provides such services. (See attached Exhibit C.)
DTS Mes peciruly
KREg Eire Ge! Laie coment 0
nee 2 tf DES A nst Defendant Pun: ord
Investors, LLC d/b/a Life Care Center
ter ofof P.Punta Gorda, as Follows:
8. That:
Pursuant to F.S, 400.023(2)(a), Defendant PUNTA GORDA
MEDICAL INVESTORS, LLC, as the licensee, is legally
responsible for all aspects of the operation of” LIFE CARE
CENTER OF PUNTA GORDA.
(See attached Exhibit B.)
9. That:
Pursuant to F.S. 400.022(1)(I), Plaintiff DEBORAH COOPER
BURG had “the right to receive adequate and appropriate
Deutsch Blamberg
& Ccballero, PA,
NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, SUITE 2602 » MIAMI, FLOAIDA 33132 - TEL (908) 388-6929
Burg v West Florida Physiclan Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 5
health care” from the licensee, Defendant PUNTA GORDA
MEDICAL INVESTORS, LLC.
See attached Exhibit D as well as the deposition testimony of
Kristina Cardona.
4 =
H I
Q. Okay. Let me ask you, please, did Ms. Burg, as a patient of Life
Care Center of Punta Gorda, have the right to receive appropriate
health care?
A. Yes, she did.
Q. And as a patient of Life Care Center of Punta Gorda, did Deborah
Burg have the right to receive adequate health care?
A. Yes, she did.
10. That:
Defendant PUNTA GORDA MEDICAL INVESTORS, LLC had
the responsibility not to neglect Plaintiff DEBORAH COOPER
BURG while she was an inpatient at LIFE CARE CENTER OF
PUNTA GORDA from August 21, 2019 through August 27,
2019, pursuant to 42 CFR 483.5. Neglect is defined as “the
failure of the facility, its employees or service providers to provide
goods and services to a resident that are necessary to avoid physical
harm, pain, mental anguish, or emotional distress”.
Deutsch Blumberg
& Caballire, PH,
NEW WORLD TOWER + 100 WV. BISCAYNE BOULEVARD, SUITE 2602 + MIAMI, FLORIDA 39132 - TEL (905) 358-6329
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 6
(See attached Exhibit E.) Further, see testimony of Executive
Director Kristin Cardona.
‘s deposition, je i line 2 1
Q. All right. Now, did Ms. Burg also have the right to be free from
neglect as a patient of —- at Life Care Center of Punta Gorda?
A. She did.
Q. I couldn't hear you. Sometimes you break up.
A. She did. Sorry.
WHEREFORE, Plaintiffs respectfully request that Partial Summary Judgment be
entered against Defendant PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA as set forth in paragraphs 8, 9 and 10 above.
CERTIFICATE
OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by e-service this 30% day of August, 2021 to: see attached service list.
DEUTSCH BLUMBERG & CABALLERO, P.A.
Attorneys for Plaintiffs
New World Tower, Suite 2802
100 North Biscayne Boulevard
Miami, Florida 33132
(305) 358-6329
(305) 358-9304 (facsimile)
Email — erb@deutschblumberg.com;
rmitchell@deutschblumberg.com
By:
EDWARD R. BLUMBERG, ESQ.
Florida Bar No. 190870
Deutsch Blunberg
& Caballero,
PA,
NEW WORLD TOWER + 100 N. BISCAYNE BOULEVARD, SUITE 2602 + MIAMI, FLORIDA 33132 - TEL (305) 358-6329
BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
E LIST
John M. Stewart, Esquire
Michael J, Swan, Esquire
Rossway Swan Tierney Barry & Oliver, P.L.
Co-Counsel for PLAINTIFFS
2101 Indian River Boulevard, Suite 200
Vero Beach, Florida 32960
Telephone: (772) 231-4440
E-Mails: jstewart@rosswayswan.com; mswan@rosswayswan.com; cdelo@rosswayswan.com
Richard K. Bowers, Esquire
Brandon R. Scheele, Esquire
Bankers Lopez Gassler, P.A
Attorneys for DILENDRA WEERASINGHE
501 East Kennedy Boulevard, Suite 1700
Tampa, FL 33602
Telephone: 813-221-1500
Fax: 813-222-3066
Email: service-rbowers@bankerlopez.com ; service-bscheele@bankerlopez.com
Jay P. Chimpoulis, Esquire
Susanne E. Riedhammer, Esquire
Chimpoulis & Hunter, P.A.
Attorneys for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY,
Tl
150 S. Pine Island Road, Suite 510
Plantation, FL 33324
Telephone: 954-463-0033
Fax: 954-463-9562
Email: JCHimpoulis@ChimpoulisHunter.com
Victoria N. Ferrentino, Esq
Erin B. Reynolds, Esq
Bush Graziano Rice & Platter, P.A.
Attorneys for Defendants WEST FLORIDA PHYSICIAN NETWORK, LLC and JOHN RIOUX
100 S. Ashley Drive, #1400
Tampa, FL 33602
Telephone: 813-228-7000
Fax: 813-273-0091
Emails: vferrentino@barplaw.com;eserve@barplaw.com; and dhensley@barplaw.com
ereynolds@barplaw.com
1|Page
Brett P. Gliosca, Esq
Jeffrey M. Goodis, Esq.
LA CAVA JACOBSON & GOODIS, P.A.
Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M.D., P.A.
200 Central Avenue, Suite 250
St. Petersburg, FL 33701
Office: 727-477-1013
Fax: 727-550-0811
Emails: stp-pleadings@liglegal.com; baliosca@liglegal.com; mmorgan@liglegal.com
Ronald E. Bush, Esq.
Frances G. Prockop, Esq
Alexandra S. Farren, Esq
Bush Graziano Rice & Platter, P.A.
Attorneys for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602
Office: 813-228-7000
Fax: 813-229-6316
Emails: eserve@barplaw.com; |plyushko@bgrplaw.com; bconde@barplaw.com
R. Ryan Rivas, Esq
Hall Booth Smith, P.C.
Attorneys for SUSAN BRUNER
2701 North Rocky Point Drive, Suite 400
Tampa, Florida 33607
Telephone— 727-568-8435
Emails: rrivas@hallboothsmith.com; mhobbs@hallboothsmith.com
Barry A. Postman, Esq
Ron M. Campbell, Esq
Daniel C. Calvert, Esq
Cole, Scott & Kissane, P.A
Attorneys for CATHY CRISS and MILLENNIUM PHYSICIAN GROUP, LLC d/b/a
MILLENNIUM PHYSICIAN GROUP
27300 Riverview Center Boulevard, Suite 200
Bonita Springs, FL 34134
Telephone: 239-690-7925
Facsimile: 239-738-7778
Emails: barry.postman@csklegal.com; ron.campbell@csklega!.com;
daniel.calvert@csklegal.com; krystal,perez@csklegal.com; daniela.perez@csklegal.com
2|Page
Walter H. Tache, Esq.
Gavrila A. Brotz, Esq.
Tache, Bronis, and Descaizo, P.A.
Co-Counsel for Defendant FAWCETT MEMORIAL HOSPITAL
150 S.E. 2nd Avenue, Suite 600
Miami, FL 33131
Telephone: 305-537-9565
Facsimile: 305-537-9567
Emails: wtache@tachebronis.com; service@tachebronis.com; gbrotz@tachebronis.com
3|Page
LIFE CARE CENTER OF PUNTA GORDA
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26°55'36.9'N 82°03'20.2"°W
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Punta Gorda cx»
Airport
‘Map data ©2021 Google
EXHIBIT
Pook
AHCA information re Life Care Center 001
Street Address {ackyProver Type: uring Home
Punta GORDA FL
Brora: (41) 638-771
Financial Officer: JAMES 8.
‘OumeriLicensee:
iT
ZIEGLI
TA GORDA MEDICAL INVESTORS. (LC.
‘OuneriLicansee Since: 11/201
Mailin; ig Address = Controlling interest for PUNTA GORDA MEDICAL INVESTORS, LLC
450 SHRI
PUNTA GORDA. FL 33980
‘County: Charlotte Position
‘Wobsite: http swwwleca.com ST UPRESTON BGARO MEMBERIOF! 29%
Emergency Actions: Profit Status: Fors
M jement Company: LIFE CARE CENTERS OF AMERICA, ING
Manager Since: 1/1/1995,
AHCA Reports:
Inspection Reports: ‘= Controlling interest for LIFE CARE CENTERS
OF AMERICA, INC
Inspection Details,
Watch List information Ponition. ‘Gwnarahi
FORRESTLPI 'SOARO MENBERIOFFICER 100%
SINDY $ CROSS BOARD MEMBER/OFFICER 0%
Janes §, 2GLE R BOARD MEMBER/OFFICER
0 BOARD MEMBERIOFFICER 0%
JOHN F MCMULLAN, BOARD MEMBER/OFFICER 0%
USA M LAY ]OARO MEMBER/OFFICER 0%
RICHAR OL SWANKER BOARD MEMBER/OFFICER 0%
TERRY BOARD MEMBER/OFFICER 0%
TODD W FLETCHER BOARD MEMBER/OFFICER 0%
Lleonsed Beds: 180
Bed Types:
Community Beds 180
‘Sheltered Beds
Pediatric Beds
Private Rooms 19
2-Bed Rooms 85
3-Bad Rooms
4-Bed Rooms
AHCA Number [File Number): 80803
Field Office 08
License Number: 42940961
Current License Effective 11/307209
Expires: 10/29/2021
License Status (ICENSED
Compare Quality and/or Pricing:
Fadaral Nursing Homa Compare
Services/Characteristics:
gat06
Continuing Care Retirement Corsmunity
‘Adutt Day Care Services :
Languages Spoken
Payment Forms Accepted
Creole, Geman. aan Spanish
Insurance andlor HMO, Medicald, Medicare, Workers Compensation.
Special Programs and Services 24 he Onsite RN Coverage, Alzheimer's, Alzhsimars Secured Unit, Dialysis, Hospice Care, JCAHO accredited
Long Term Cara Program. Pet Therapy, Respite,
Tracheotorny, Weight Traiing
Emergency Power Plan Summai
Onsite Attemate Power Source "Yaa Gene
y Power Supports ‘Ax Conditioning. Heating Systems, Life Safely Systems, Lights, food preparation appliances, Refrigeration
un 26.261
Implementation Date Oct 31, 2017
Cooling Method ‘Air Conditioner, Fars
‘Aoas Cooled : Common Areas. Oring Room, Hallway. kichenary storage, maintenance office, nurses st
‘Areas Cooled Location Within Facility
are 18437
Numberof People to use Cooled Space 42
“fi
al Actions
Date initiated {Case# [Case Type [Violation | Fine Amount | Oate imposed |
120872019 2019078986 Conditonal iene Survey NA 1073172019
12082019 7019018956 Fine Survey 52.500.00 04/23/2020
‘Pleascote te fagal actions above may have been tszued to a por owner. The Final Order displays the name of the Scansee reapansibie
for te legal action
that was lake.
Consumer Guides:
Long-Term Care
Patient Safe
Health Care Advance Directives
Nuraing Home Care in Florida
AHCA information re Life Care Center 002
Select Year: 2020 v [Go]
The 2020 Florida Statutes EXHIBIT
Tithe XxIx
PUBLIC HEALTH
Chapter 400 1 ®
NURSING HOMES AND RELATED HEALTH CARE FACILITIES
400.023 Civil enforcement.—
(1) An exclusive cause of action for negligence or a violation of residents’ rights as specified under this part which alleges
direct or vicarious liability for the personal injury or death of a nursing home resident arising from such negligence or violation
of rights and which seeks damages for such injury or death may be brought only against the licensee, the licensee’s
Management or consulting company, the licensee’s managing employees, and any direct caregivers, whether emptoyees or
contractors. A passive investor is not liable under this section. An action against any other individual or entity may be brought
‘only pursuant to subsection (3).
{a) The action may be brought by the resident or his or her guardian, by a person or organization acting on behalf of a
resident with the consent of the resident or his or her guardian, or by the personal representative of the estate of a deceased
resident regardless of the cause of death.
(b) If the action alleges a claim for the resident’s rights or for negligence that caused the death of the resident, the
claimant shall, after the verdict, but before the judgment is entered, elect survival damages pursuant to s, 46.021 or wrongful
death damages pursuant to s. 768.21. If the action alleges a claim for the resident’s rights or for negligence that did not cause
the death of the resident, the personal representative of the estate may recover damages for the negligence that caused injury
to the resident.
(c) The action may be brought in any court of competent jurisdiction to enforce such rights and to recover actual and
punitive damages for the violation of the rights of a resident or for negligence.
(d) A resident who prevails in seeking injunctive relief or an administrative remedy is entitled to recover the costs of the
action, and reasonable attorney fees assessed against the defendant of up to $25,000. Fees shall be awarded solely for the
injunctive or administrative relief and not for any claim or action for damages whether such claim or action is brought with a
request for an injunction or administrative relief or as a separate action, except as provided under s. 768.79 or the Florida
Rules of Civil Procedure.
(e) This section does not preclude theories of recovery not arising out of negligence or s. 400.022 which are available to a
resident or to the agency. Chapter 766 does not apply to a cause of action brought under ss. 400.023-400,0238.
(2) As used in this section, the term:
(a) “Licensee” means an individual, corporation, partnership, firm, association, governmental entity, or other entity that is
issued a permit, registration, certificate, or license by the agency and that is legally responsible for all aspects of the
operation of the nursing home facility.
(b) “Management or consulting company” means an individual or entity who contracts with, or receives a fee from, a
licensee to provide any of the following services for a nursing home facility:
1. Hiring or firing of the administrator or director of nursing;
2. Controlling or having control over the staffing levels at the facitity;
3. Having control over the budget of the facility; or
4. Implementing and enforcing the policies and procedures of the facility.
{c) “Passive investor” means an individuat or entity that has an interest in a facility but does not participate in the
decisionmaking or operations of the facility.
(3) A cause of action may not be asserted against an individual or entity other than the licensee, the licensee’s
Management or consulting company, the licensee’s managing employees, and any direct caregivers, whether employees or
contractors, untess, after a motion for leave to amend hearing, the court or an arbitration panel determines that there is
sufficient evidence in the record or proffered by the claimant to establish a reasonable showing that: F.S. 400.023 001
{a) The individual or entity owed a duty of reasonable care to the resident and that the individual or entity breached that
duty; and
{b) The breach of that duty is a legal cause of loss, injury, death, or damage to the resident.
For purposes of this subsection, if, in a proposed amended pleading, it is asserted that such cause of action arose out of the
conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the proposed amendment
relates back to the original pleading.
(4) In a claim brought pursuant to this part alleging a violation of residents’ rights or negligence causing injury to or the
death of a resident, the claimant has the burden of proving, by a preponderance of the evidence, that:
fa) The defendant owed a duty to the resident;
{b) The defendant breached the duty to the resident;
(c) The breach of the duty is a legal cause of loss, injury, death, or damage to the resident; and
(d) The resident sustained loss, injury, death, or damage as a result of the breach.
This part does not create strict liability. A violation of the rights set forth in s. 400.022, in any other standard or guidetines
specified in this part, or in any applicable administrative standard or guidelines of this state or a federal regulatory agency is
evidence of negligence but is not considered negligence per se.
(5) In a claim brought pursuant to this section, a licensee, individual, or entity has a duty to exercise reasonable care.
Reasonable care is that degree of care which a reasonably careful licensee, individual, or entity would use under like
circumstances.
(6) Ina claim for a residents’ rights violation or negligence by a nurse licensed under part | of chapter 464, such nurse has
the duty to exercise care consistent with the prevailing professional standard of care for a nurse. The prevailing professional
standard of care for a nurse is that level of care, skill, and treatment which, in light of ail relevant surrounding circumstances,
is recognized as acceptable and appropriate by reasonably prudent similar nurses.
(7) A licensee is not liable for the medical negligence of a physician rendering care or treatment to the resident except for
the administrative services of a medical director as required under this part. This subsection does not protect a licensee,
individual, or entity from liability for failure to provide a resident with appropriate observation, assessment, nursing diagnosis,
planning, intervention, and evaluation of care by nursing staff.
(8) The resident or the resident’s legal representative shall serve a copy of a complaint alleging in whole or in part a
violation of any rights specified in this part to the agency at the time of filing the initial complaint with the clerk of the court
for the county in which the action is pursued. The requirement of providing a copy of the complaint to the agency does not
impair the resident’s legal rights or ability to seek relief for his or her claim.
(9) An action under this part for a violation of rights or negligence recognized herein is not a claim for medical
malpractice, and s. 768.21(8) does not apply to a claim alleging death of the resident.
History.—ss. 3, 18, ch. 80-186; s. 2, ch. 81-318; ss. 6, 79, 83, ch. 83-181; s. 51, ch. 83-218; s, 1, ch. 86-79; s. 30, ch, 93-177; ss. 4, 49, ch. 93-217; s.
765, ch. 95-148; s. 30, ch. 99-225; s. 4, ch. 2001-45; s. 34, ch. 2001-62; s. 1, ch. 2014-83.
Copyright © 1995-2021 The Florida Legislature » Privacy Statement « ContactUs
F.S. 400.023 002
Select Year: 2020 v {¢o] EXHIBIT
C
The 2020 Florida Statutes
itle XXI. Chapter 400 View Entire Chapter
PUBLIC HEALTH NURSING HOMES AND RELATED HEALTH CARE FACILITIES
400.021 Definitions, When used in this part, unless the context otherwise requires, the term:
(1) “Administrator” means the licensed individual who has the general administrative charge of a facility.
(2) “Agency” means the Agency for Health Care Administration, which is the licensing agency under this part.
(3) “Bed reservation policy” means the number of consecutive days and the number of days per year that a resident
may leave the nursing home facility for overnight therapeutic visits with family or friends or for hospitalization for an
acute condition before the licensee may discharge the resident due to his or her absence from the facility.
(4) “Board” means the Board of Nursing Home Administrators.
(5) “Custodial service” means care for a person which entails observation of diet and sleeping habits and maintenance
of a watchfulness over the general health, safety, and well-being of the aged or infirm.
(6) “Department” means the Department of Children and Families.
(7) “Facility” means any institution, building, residence, private home, or other place, whether operated for profit or
not, including a place operated by a county or municipality, which undertakes through its ownership or management to
provide for a period exceeding 24-hour nursing care, personal care, or custodial care for three or more persons not
related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age
require such services, but does not include any place providing care and treatment primarily for the acutely ill. A facility
offering services for fewer than three persons is within the meaning of this definition if it holds itself out to the public to
be an establishment which regularly provides such services.
{8) “Geriatric outpatient clinic” means a site for providing outpatient health care to persons 60 years of age or older,
which is staffed by a registered nurse, a physician assistant, or a licensed practical nurse under the direct supervision of a
registered nurse, advanced practice registered nurse, physician assistant, or physician,
(9) “Geriatric patient” means any patient who is 60 years of age or older.
(10) “Local ombudsman council” means a local long-term care ombudsman council established pursuant to s.
400.0069, located within the Older Americans Act planning and service areas.
(11) “Nursing home bed” means an accommodation which is ready for immediate occupancy, or is capable of being
made ready for occupancy within 48 hours, excluding provision of staffing; and which conforms to minimum space
requirements, including the availability of appropriate equipment and furnishings within the 48 hours, as specified by rule
of the agency, for the provision of services specified in this part to a single resident.
(12) “Nursing home facility” means any facility which provides nursing services as defined in part | of chapter 464 and
which is licensed according to this part.
(13) “Nursing service” means such services or acts as may be rendered, directly or indirectly, to and in behalf of a
person by individuals as defined in s. 464,003.
(14) “Office” has the same meaning as in s. 400.0060.
(15) “Planning and service area” means the geographic area in which the Older Americans Act programs are
administered and services are delivered by the Department of Elderly Affairs.
(16) “Representative of the State Long-Term Care Ombudsman Program” has the same meaning as in s. 400.0060.
(17) “Respite care” means admission to a nursing home for the purpose of providing a short period of rest or relief or
emergency alternative care for the primary caregiver of an individual receiving care at home who, without home-based
care, would otherwise require institutional care.
(18) “Resident care plan” means a written plan developed, maintained, and reviewed not less than quarterly by a
registered nurse, with participation from other facility staff and the resident or his or her designee or legal
representative, which includes a comprehensive assessment of the needs of an individual resident; the type and frequency
of services required to provide the necessary care for the resident to attain or maintain the highest practicable physical,
mental, and psychosocial well-being; a listing of services provided within or outside the facility to meet those needs; and
an explanation of service goals.
(19) “Resident designee” means a person, other than the owner, administrator, or employee of the facility, designated
in writing by a resident or a resident’s guardian, if the resident is adjudicated incompetent, to be the resident’s
representative for a specific, limited purpose.
(20) “State Long-Term Care Ombudsman Program” has the same meaning as in s. 400.0060.
(21) “Therapeutic spa services” means bathing, nail, and hair care services and other similar services related to
personal hygiene,
History.—s. 2, ch. 69-309; ss. 19, 35, ch. 69-106; s. 2, ch. 70-361; s. 1, ch. 70-439; ss. 21, 25, ch, 75-233; s. 3, ch. 76-168; s. 234, ch. 77-147; 5.
1, ch. 77-457; ss. 1, 18, ch. 80-186; ss. 1, 12, ch. 80-198; s. 249, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 4, 79, 83, ch. 83-181; s. 1, ch. 90-330; ss. 20,
30, ch. 93-177; ss. 2, 49, ch. 93-217; s. 763, ch. 95-148; s. 117, ch. 99-8; s. 94, ch. 2000-318; s. 136, ch. 2000-349; s. 1, ch. 2000-350; s. 56, ch.
2000-367; s. 2, ch. 2001-45; s. 3, ch. 2004-298; s. 55, ch. 2007-230; s. 4, ch. 2012-160; s. 122, ch. 2014-19; s. 20, ch. 2015-31; s. 29, ch. 2048-106.
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EXHIBIT
Select Year: (2020 Vf Go |
The 2020 Florida Statutes
Title XXIX Chapter 400 View Entire
PUBLIC NURSING HOMES AND RELATED HEALTH CARE hapter
HEALTH FACILITIES
400.022 Residents’ rights.—
(1) All licensees of nursing home facilities shalt adopt and make public a statement of the rights and
responsibilities of the residents of such facilities and shalt treat such residents in accordance with the
provisions of that statement. The statement shall assure each resident the following:
(a) The right to civil and religious liberties, including knowledge of avaitable choices and the right to
independent personal decision, which will not be infringed upon, and the right to encouragement and
assistance from the staff of the facility in the fullest possible exercise of these rights.
(b) The right to private and uncensored communication, including, but not limited to, receiving and
sending unopened correspondence, access to a telephone, visiting with any person of the resident’s
choice during visiting hours, and overnight visitation outside the facility with family and friends in
accordance with facility policies, physician orders, and Title XVII] (Medicare) and Title XIX (Medicaid) of
the Social Security Act regulations, without the resident’s losing his or her bed. Facility visiting hours
shall be flexible, taking into consideration special circumstances such as, but not limited to, out-of-town
visitors and working relatives or friends. Unless otherwise indicated in the resident care plan, the
licensee shall, with the consent of the resident and in accordance with policies approved by the agency,
permit recognized volunteer groups, representatives of community-based legal, social, mental health,
and leisure programs, and members of the clergy access to the facility during visiting hours for the
purpose of visiting with and providing services to any resident.
(c) Any entity or individual that provides health, social, legal, or other services to a resident has the
right to have reasonable access to the resident. The resident has the right to deny or withdraw consent
to access at any time by any entity or individual. Notwithstanding the visiting policy of the facility, the
following individuals must be permitted immediate access to the resident:
1, Any representative of the federal or state government, including, but not limited to,
representatives of the Department of Children and Families, the Department of Health, the Agency for
Health Care Administration, the Office of the Attorney General, and the Department of Elderly Affairs;
any law enforcement officer; any representative of the State Long-Term Care Ombudsman Program; and
the resident’s individual physician.
2. Subject to the resident’s right to deny or withdraw consent, immediate family or other relatives
of the resident.
The facility must allow representatives of the State Long-Term Care Ombudsman Program to examine a
resident’s clinicat records with the permission of the resident or the resident’s legal representative and
consistent with state law.
Florida Statute 400.022 001
(d) The right to present grievances on behalf of himself or herself or others to the staff or
administrator of the facility, to governmental officials, or to any other person; to recommend changes in
policies and services to facility personnel; and to join with other residents or individuals within or
outside the facitity to work for improvements in resident care, free from restraint, interference,
coercion, discrimination, or reprisal. This right includes access to ombudsmen and advocates and the
right to be a member of, to be active in, and to associate with advocacy or special interest groups. The
right also includes the right to prompt efforts by the facility to resolve resident grievances, including
grievances with respect to the behavior of other residents.
{e) The right to organize and participate in resident groups in the facility and the right to have the
resident's family meet in the facility with the famities of other residents.
(f) The right to participate in social, religious, and community activities that do not interfere with
the rights of other residents.
(g) The right to examine, upon reasonable request, the results of the most recent inspection of the
facility conducted by a federal or state agency and any plan of correction in effect with respect to the
facility.
(h) The right to manage his or her own financial affairs or to delegate such responsibility to the
licensee, but only to the extent of the funds held in trust by the licensee for the resident. A quarterly
accounting of any transactions made on behalf of the resident shall be furnished to the resident or the
person responsible for the resident. The facility may not require a resident to deposit personal funds
with the facility. However, upon written authorization of a resident, the facility must hold, safeguard,
manage, and account for the personal funds of the resident deposited with the facility as follows:
1 The facility must establish and maintain a system that ensures a futl, complete, and separate
accounting, according to generally accepted accounting principles, of each resident’s personal funds
entrusted to the facility on the resident’s behalf.
2, The accounting system established and maintained by the facility must preclude any commingling
of resident funds with facility funds or with the funds of any person other than another resident.
3. Aquarterly accounting of any transaction made on behalf of the resident shall be furnished te the
resident or the person responsible for the resident.
4 Upon the death of a resident with personal funds deposited with the facility, the facility must
convey within 30 days the resident’s funds, including interest, and a final accounting of those funds, to
the individual or probate jurisdiction administering the resident's estate, or, if a personal representative
has not been appointed within 30 days, to the resident’s spouse or adult next of kin named in the
beneficiary designation form provided for in s. 400.162(6).
5. The facility may not impose a charge against the personal funds of a resident for any item or
service for which payment is made under Title XVII! or Titte XIX of the Social Security Act.
(i) The right to be fully informed, in writing and orally, prior to or at the time of admission and
during his or her stay, of services available in the facility and of related charges for such services,
including any charges for services not covered under Title XVIII or Title XIX of the Sacial Security Act or
not covered by the basic per diem rates and of bed reservation and refund policies of
Preview
Filing # 133640851 E-Filed 08/30/2021 11:17:27 AM IN THE CIRCUIT COURT OF THE 20% JUDICIAL COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA DEBORAH COOPER BURG, by and through GENERAL JURISDICTION DIVISION her Court-appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and CASE NO. 2020-000616 CA RICKY BURG, her spouse, Plaintiffs, Vv. WEST FLORIDA PHYSICIAN NETWORK, LLC; DILENDRA WEERASINGHE; JOHN RIOUX; FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER; ABIGAIL UTECH; SOVI JOSEPH, M.D., P.A.; SOVI JOSEPH; MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP; CATHY CRISS; LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III, Defendants. LAIN MO! ON ART) MMARY 0 DEFENDAN PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA COME NOW the Plaintiffs, DEBORAH COOPER BURG, by and through her Court- appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her spouse, by and through their undersigned attorneys, and move the Court to enter Partial Summary Judgment against Defendant PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a UFE CARE CENTER OF PUNTA GORDA, and state: Deutsch Blumberg & Caballero, PA, NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, SUITE 2802 « MIAMI, FLORIDA $9132 + TEL (205) 258-6920 1 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 2 1 There is no genuine dispute as to any material fact and Plaintiffs are entitled to Partial Summary Judgment as a matter of law. With particularity, Plaintiffs are asserting facts that cannot be genuinely disputed based upon the depositions, documents, interrogatory answers, and the law as well as other materials in the record as set forth below. Background Plaintiff DEBORAH COOPER BURG was a patient, also known as a resident, at LIFE CARE CENTER OF PUNTA GORDA, which is a skilled nursing facility, in Charlotte County, Florida from August 21, 2019 through August 27, 2019 when she was taken by ambulance to Bayfront Health Punta Gorda. Defendant PUNTA GORDA MEDICAL INVESTORS, LLC is the owner/licensee of this facility which does business as LIFE CARE CENTER OF PUNTA GORDA. (See attached Exhibit A — official record from the Agency for Health Care Administration.) Defendant PUNTA GORDA MEDICAL INVESTORS, LLC, pursuant to F.S. 400.023, is an entity that was issued a permit to operate this facility. (See attached Exhibit B.) The deposition of Kristin Cardona was taken on August 4, 2021. Ms. Cardona was the Executive Director in August 2019 of LIFE CARE CENTER OF PUNTA GORDA, a 180- bed skilled nursing facility whereby she oversaw all operations at the facility ensuring quality care, service and treatment of all patients. Kristin Cardona’s deposition, page 23, line 18 through page 24, line 9: Deutsch & Caballero, PA, (NEW WORLD TOWER + 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA 33132 - TEL (905) 358-4320 Burg v West Florida Physician Network, LLC, et al. CASE NO, 2020-000616 CA Page 3 Q. Are these words true? In your role, Kristin Cardona, as the Executive Director of Life Care Center of Punta Gorda, a 180-bed skilled nursing facility, that you oversaw all operations at the facility, ensuring quality care, comma, service, comma, and treatment of all patients? Is that true? A. As 1 said, I think when you're dealing with a large organization, like a skilled nursing facility, we always take a team approach. So, yes, I did oversee all operations. Again, I utilized the resources I had, such as the director of nursing, the medical director, and our clinical support team. 6. Further, Defendant PUNTA GORDA MEDICAL INVESTORS is the actual owner of LIFE CARE CENTER OF PUNTA GORDA in August 2019: Kristin Cardona’s deposition, page 45, lines 6-21: Q. And so Punta Gorda Medical Investors, LLC, is the actual owner of Life Care Center of Punta Gorda, is that your understanding, in August of 2019? A. Yes, that is my understanding. Q. Who were you -- Who was your actual employer? A. My actual employer was Life Care Centers of America. Q. Inc.? A. Yes. Q. Okay. And was Life Care Centers of America, Inc. the management company that was in charge of the management of Life Care Center of Punta Gorda? A. Yes. I think that's a fair way to state it. 7. The business known as LIFE CARE CENTER OF PUNTA GORDA is a skilled nursing facility, which is defined, pursuant to F.S. 400.021(7), as any institution, building, Deutsch Blumberg 4 Caballero, PH, (NEW WORLD TOWER - 100 N. GISCAYNE BOULEVARD, SUITE 2602 » IMLAMI, FLOAIDA 39132 - TEL (905) 358-6329 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 4 residence, private home, or other place, whether operated for profit or not, including a place operated by a county or municipality, which undertakes through its ownership or management to provide for a period exceeding 24-hour nursing care, personal care, or custodial care for three or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but does not include any place providing care and treatment primarily for the acutely ill. A facility offering services for fewer than three persons is within the meaning of this definition if it holds itself out to the public to be an establishment which regularly provides such services. (See attached Exhibit C.) DTS Mes peciruly KREg Eire Ge! Laie coment 0 nee 2 tf DES A nst Defendant Pun: ord Investors, LLC d/b/a Life Care Center ter ofof P.Punta Gorda, as Follows: 8. That: Pursuant to F.S, 400.023(2)(a), Defendant PUNTA GORDA MEDICAL INVESTORS, LLC, as the licensee, is legally responsible for all aspects of the operation of” LIFE CARE CENTER OF PUNTA GORDA. (See attached Exhibit B.) 9. That: Pursuant to F.S. 400.022(1)(I), Plaintiff DEBORAH COOPER BURG had “the right to receive adequate and appropriate Deutsch Blamberg & Ccballero, PA, NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, SUITE 2602 » MIAMI, FLOAIDA 33132 - TEL (908) 388-6929 Burg v West Florida Physiclan Network, LLC, et al. CASE NO. 2020-000616 CA Page 5 health care” from the licensee, Defendant PUNTA GORDA MEDICAL INVESTORS, LLC. See attached Exhibit D as well as the deposition testimony of Kristina Cardona. 4 = H I Q. Okay. Let me ask you, please, did Ms. Burg, as a patient of Life Care Center of Punta Gorda, have the right to receive appropriate health care? A. Yes, she did. Q. And as a patient of Life Care Center of Punta Gorda, did Deborah Burg have the right to receive adequate health care? A. Yes, she did. 10. That: Defendant PUNTA GORDA MEDICAL INVESTORS, LLC had the responsibility not to neglect Plaintiff DEBORAH COOPER BURG while she was an inpatient at LIFE CARE CENTER OF PUNTA GORDA from August 21, 2019 through August 27, 2019, pursuant to 42 CFR 483.5. Neglect is defined as “the failure of the facility, its employees or service providers to provide goods and services to a resident that are necessary to avoid physical harm, pain, mental anguish, or emotional distress”. Deutsch Blumberg & Caballire, PH, NEW WORLD TOWER + 100 WV. BISCAYNE BOULEVARD, SUITE 2602 + MIAMI, FLORIDA 39132 - TEL (905) 358-6329 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 6 (See attached Exhibit E.) Further, see testimony of Executive Director Kristin Cardona. ‘s deposition, je i line 2 1 Q. All right. Now, did Ms. Burg also have the right to be free from neglect as a patient of —- at Life Care Center of Punta Gorda? A. She did. Q. I couldn't hear you. Sometimes you break up. A. She did. Sorry. WHEREFORE, Plaintiffs respectfully request that Partial Summary Judgment be entered against Defendant PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA as set forth in paragraphs 8, 9 and 10 above. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by e-service this 30% day of August, 2021 to: see attached service list. DEUTSCH BLUMBERG & CABALLERO, P.A. Attorneys for Plaintiffs New World Tower, Suite 2802 100 North Biscayne Boulevard Miami, Florida 33132 (305) 358-6329 (305) 358-9304 (facsimile) Email — erb@deutschblumberg.com; rmitchell@deutschblumberg.com By: EDWARD R. BLUMBERG, ESQ. Florida Bar No. 190870 Deutsch Blunberg & Caballero, PA, NEW WORLD TOWER + 100 N. BISCAYNE BOULEVARD, SUITE 2602 + MIAMI, FLORIDA 33132 - TEL (305) 358-6329 BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA E LIST John M. Stewart, Esquire Michael J, Swan, Esquire Rossway Swan Tierney Barry & Oliver, P.L. Co-Counsel for PLAINTIFFS 2101 Indian River Boulevard, Suite 200 Vero Beach, Florida 32960 Telephone: (772) 231-4440 E-Mails: jstewart@rosswayswan.com; mswan@rosswayswan.com; cdelo@rosswayswan.com Richard K. Bowers, Esquire Brandon R. Scheele, Esquire Bankers Lopez Gassler, P.A Attorneys for DILENDRA WEERASINGHE 501 East Kennedy Boulevard, Suite 1700 Tampa, FL 33602 Telephone: 813-221-1500 Fax: 813-222-3066 Email: service-rbowers@bankerlopez.com ; service-bscheele@bankerlopez.com Jay P. Chimpoulis, Esquire Susanne E. Riedhammer, Esquire Chimpoulis & Hunter, P.A. Attorneys for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, Tl 150 S. Pine Island Road, Suite 510 Plantation, FL 33324 Telephone: 954-463-0033 Fax: 954-463-9562 Email: JCHimpoulis@ChimpoulisHunter.com Victoria N. Ferrentino, Esq Erin B. Reynolds, Esq Bush Graziano Rice & Platter, P.A. Attorneys for Defendants WEST FLORIDA PHYSICIAN NETWORK, LLC and JOHN RIOUX 100 S. Ashley Drive, #1400 Tampa, FL 33602 Telephone: 813-228-7000 Fax: 813-273-0091 Emails: vferrentino@barplaw.com;eserve@barplaw.com; and dhensley@barplaw.com ereynolds@barplaw.com 1|Page Brett P. Gliosca, Esq Jeffrey M. Goodis, Esq. LA CAVA JACOBSON & GOODIS, P.A. Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M.D., P.A. 200 Central Avenue, Suite 250 St. Petersburg, FL 33701 Office: 727-477-1013 Fax: 727-550-0811 Emails: stp-pleadings@liglegal.com; baliosca@liglegal.com; mmorgan@liglegal.com Ronald E. Bush, Esq. Frances G. Prockop, Esq Alexandra S. Farren, Esq Bush Graziano Rice & Platter, P.A. Attorneys for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH 100 S. Ashley Drive, Suite 1400 Tampa, FL 33602 Office: 813-228-7000 Fax: 813-229-6316 Emails: eserve@barplaw.com; |plyushko@bgrplaw.com; bconde@barplaw.com R. Ryan Rivas, Esq Hall Booth Smith, P.C. Attorneys for SUSAN BRUNER 2701 North Rocky Point Drive, Suite 400 Tampa, Florida 33607 Telephone— 727-568-8435 Emails: rrivas@hallboothsmith.com; mhobbs@hallboothsmith.com Barry A. Postman, Esq Ron M. Campbell, Esq Daniel C. Calvert, Esq Cole, Scott & Kissane, P.A Attorneys for CATHY CRISS and MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP 27300 Riverview Center Boulevard, Suite 200 Bonita Springs, FL 34134 Telephone: 239-690-7925 Facsimile: 239-738-7778 Emails: barry.postman@csklegal.com; ron.campbell@csklega!.com; daniel.calvert@csklegal.com; krystal,perez@csklegal.com; daniela.perez@csklegal.com 2|Page Walter H. Tache, Esq. Gavrila A. Brotz, Esq. Tache, Bronis, and Descaizo, P.A. Co-Counsel for Defendant FAWCETT MEMORIAL HOSPITAL 150 S.E. 2nd Avenue, Suite 600 Miami, FL 33131 Telephone: 305-537-9565 Facsimile: 305-537-9567 Emails: wtache@tachebronis.com; service@tachebronis.com; gbrotz@tachebronis.com 3|Page LIFE CARE CENTER OF PUNTA GORDA hue 26°55'36.9'N 82°03'20.2"°W View larger map 9 * Punta Gorda cx» Airport ‘Map data ©2021 Google EXHIBIT Pook AHCA information re Life Care Center 001 Street Address {ackyProver Type: uring Home Punta GORDA FL Brora: (41) 638-771 Financial Officer: JAMES 8. ‘OumeriLicensee: iT ZIEGLI TA GORDA MEDICAL INVESTORS. (LC. ‘OuneriLicansee Since: 11/201 Mailin; ig Address = Controlling interest for PUNTA GORDA MEDICAL INVESTORS, LLC 450 SHRI PUNTA GORDA. FL 33980 ‘County: Charlotte Position ‘Wobsite: http swwwleca.com ST UPRESTON BGARO MEMBERIOF! 29% Emergency Actions: Profit Status: Fors M jement Company: LIFE CARE CENTERS OF AMERICA, ING Manager Since: 1/1/1995, AHCA Reports: Inspection Reports: ‘= Controlling interest for LIFE CARE CENTERS OF AMERICA, INC Inspection Details, Watch List information Ponition. ‘Gwnarahi FORRESTLPI 'SOARO MENBERIOFFICER 100% SINDY $ CROSS BOARD MEMBER/OFFICER 0% Janes §, 2GLE R BOARD MEMBER/OFFICER 0 BOARD MEMBERIOFFICER 0% JOHN F MCMULLAN, BOARD MEMBER/OFFICER 0% USA M LAY ]OARO MEMBER/OFFICER 0% RICHAR OL SWANKER BOARD MEMBER/OFFICER 0% TERRY BOARD MEMBER/OFFICER 0% TODD W FLETCHER BOARD MEMBER/OFFICER 0% Lleonsed Beds: 180 Bed Types: Community Beds 180 ‘Sheltered Beds Pediatric Beds Private Rooms 19 2-Bed Rooms 85 3-Bad Rooms 4-Bed Rooms AHCA Number [File Number): 80803 Field Office 08 License Number: 42940961 Current License Effective 11/307209 Expires: 10/29/2021 License Status (ICENSED Compare Quality and/or Pricing: Fadaral Nursing Homa Compare Services/Characteristics: gat06 Continuing Care Retirement Corsmunity ‘Adutt Day Care Services : Languages Spoken Payment Forms Accepted Creole, Geman. aan Spanish Insurance andlor HMO, Medicald, Medicare, Workers Compensation. Special Programs and Services 24 he Onsite RN Coverage, Alzheimer's, Alzhsimars Secured Unit, Dialysis, Hospice Care, JCAHO accredited Long Term Cara Program. Pet Therapy, Respite, Tracheotorny, Weight Traiing Emergency Power Plan Summai Onsite Attemate Power Source "Yaa Gene y Power Supports ‘Ax Conditioning. Heating Systems, Life Safely Systems, Lights, food preparation appliances, Refrigeration un 26.261 Implementation Date Oct 31, 2017 Cooling Method ‘Air Conditioner, Fars ‘Aoas Cooled : Common Areas. Oring Room, Hallway. kichenary storage, maintenance office, nurses st ‘Areas Cooled Location Within Facility are 18437 Numberof People to use Cooled Space 42 “fi al Actions Date initiated {Case# [Case Type [Violation | Fine Amount | Oate imposed | 120872019 2019078986 Conditonal iene Survey NA 1073172019 12082019 7019018956 Fine Survey 52.500.00 04/23/2020 ‘Pleascote te fagal actions above may have been tszued to a por owner. The Final Order displays the name of the Scansee reapansibie for te legal action that was lake. Consumer Guides: Long-Term Care Patient Safe Health Care Advance Directives Nuraing Home Care in Florida AHCA information re Life Care Center 002 Select Year: 2020 v [Go] The 2020 Florida Statutes EXHIBIT Tithe XxIx PUBLIC HEALTH Chapter 400 1 ® NURSING HOMES AND RELATED HEALTH CARE FACILITIES 400.023 Civil enforcement.— (1) An exclusive cause of action for negligence or a violation of residents’ rights as specified under this part which alleges direct or vicarious liability for the personal injury or death of a nursing home resident arising from such negligence or violation of rights and which seeks damages for such injury or death may be brought only against the licensee, the licensee’s Management or consulting company, the licensee’s managing employees, and any direct caregivers, whether emptoyees or contractors. A passive investor is not liable under this section. An action against any other individual or entity may be brought ‘only pursuant to subsection (3). {a) The action may be brought by the resident or his or her guardian, by a person or organization acting on behalf of a resident with the consent of the resident or his or her guardian, or by the personal representative of the estate of a deceased resident regardless of the cause of death. (b) If the action alleges a claim for the resident’s rights or for negligence that caused the death of the resident, the claimant shall, after the verdict, but before the judgment is entered, elect survival damages pursuant to s, 46.021 or wrongful death damages pursuant to s. 768.21. If the action alleges a claim for the resident’s rights or for negligence that did not cause the death of the resident, the personal representative of the estate may recover damages for the negligence that caused injury to the resident. (c) The action may be brought in any court of competent jurisdiction to enforce such rights and to recover actual and punitive damages for the violation of the rights of a resident or for negligence. (d) A resident who prevails in seeking injunctive relief or an administrative remedy is entitled to recover the costs of the action, and reasonable attorney fees assessed against the defendant of up to $25,000. Fees shall be awarded solely for the injunctive or administrative relief and not for any claim or action for damages whether such claim or action is brought with a request for an injunction or administrative relief or as a separate action, except as provided under s. 768.79 or the Florida Rules of Civil Procedure. (e) This section does not preclude theories of recovery not arising out of negligence or s. 400.022 which are available to a resident or to the agency. Chapter 766 does not apply to a cause of action brought under ss. 400.023-400,0238. (2) As used in this section, the term: (a) “Licensee” means an individual, corporation, partnership, firm, association, governmental entity, or other entity that is issued a permit, registration, certificate, or license by the agency and that is legally responsible for all aspects of the operation of the nursing home facility. (b) “Management or consulting company” means an individual or entity who contracts with, or receives a fee from, a licensee to provide any of the following services for a nursing home facility: 1. Hiring or firing of the administrator or director of nursing; 2. Controlling or having control over the staffing levels at the facitity; 3. Having control over the budget of the facility; or 4. Implementing and enforcing the policies and procedures of the facility. {c) “Passive investor” means an individuat or entity that has an interest in a facility but does not participate in the decisionmaking or operations of the facility. (3) A cause of action may not be asserted against an individual or entity other than the licensee, the licensee’s Management or consulting company, the licensee’s managing employees, and any direct caregivers, whether employees or contractors, untess, after a motion for leave to amend hearing, the court or an arbitration panel determines that there is sufficient evidence in the record or proffered by the claimant to establish a reasonable showing that: F.S. 400.023 001 {a) The individual or entity owed a duty of reasonable care to the resident and that the individual or entity breached that duty; and {b) The breach of that duty is a legal cause of loss, injury, death, or damage to the resident. For purposes of this subsection, if, in a proposed amended pleading, it is asserted that such cause of action arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the proposed amendment relates back to the original pleading. (4) In a claim brought pursuant to this part alleging a violation of residents’ rights or negligence causing injury to or the death of a resident, the claimant has the burden of proving, by a preponderance of the evidence, that: fa) The defendant owed a duty to the resident; {b) The defendant breached the duty to the resident; (c) The breach of the duty is a legal cause of loss, injury, death, or damage to the resident; and (d) The resident sustained loss, injury, death, or damage as a result of the breach. This part does not create strict liability. A violation of the rights set forth in s. 400.022, in any other standard or guidetines specified in this part, or in any applicable administrative standard or guidelines of this state or a federal regulatory agency is evidence of negligence but is not considered negligence per se. (5) In a claim brought pursuant to this section, a licensee, individual, or entity has a duty to exercise reasonable care. Reasonable care is that degree of care which a reasonably careful licensee, individual, or entity would use under like circumstances. (6) Ina claim for a residents’ rights violation or negligence by a nurse licensed under part | of chapter 464, such nurse has the duty to exercise care consistent with the prevailing professional standard of care for a nurse. The prevailing professional standard of care for a nurse is that level of care, skill, and treatment which, in light of ail relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar nurses. (7) A licensee is not liable for the medical negligence of a physician rendering care or treatment to the resident except for the administrative services of a medical director as required under this part. This subsection does not protect a licensee, individual, or entity from liability for failure to provide a resident with appropriate observation, assessment, nursing diagnosis, planning, intervention, and evaluation of care by nursing staff. (8) The resident or the resident’s legal representative shall serve a copy of a complaint alleging in whole or in part a violation of any rights specified in this part to the agency at the time of filing the initial complaint with the clerk of the court for the county in which the action is pursued. The requirement of providing a copy of the complaint to the agency does not impair the resident’s legal rights or ability to seek relief for his or her claim. (9) An action under this part for a violation of rights or negligence recognized herein is not a claim for medical malpractice, and s. 768.21(8) does not apply to a claim alleging death of the resident. History.—ss. 3, 18, ch. 80-186; s. 2, ch. 81-318; ss. 6, 79, 83, ch. 83-181; s. 51, ch. 83-218; s, 1, ch. 86-79; s. 30, ch, 93-177; ss. 4, 49, ch. 93-217; s. 765, ch. 95-148; s. 30, ch. 99-225; s. 4, ch. 2001-45; s. 34, ch. 2001-62; s. 1, ch. 2014-83. Copyright © 1995-2021 The Florida Legislature » Privacy Statement « ContactUs F.S. 400.023 002 Select Year: 2020 v {¢o] EXHIBIT C The 2020 Florida Statutes itle XXI. Chapter 400 View Entire Chapter PUBLIC HEALTH NURSING HOMES AND RELATED HEALTH CARE FACILITIES 400.021 Definitions, When used in this part, unless the context otherwise requires, the term: (1) “Administrator” means the licensed individual who has the general administrative charge of a facility. (2) “Agency” means the Agency for Health Care Administration, which is the licensing agency under this part. (3) “Bed reservation policy” means the number of consecutive days and the number of days per year that a resident may leave the nursing home facility for overnight therapeutic visits with family or friends or for hospitalization for an acute condition before the licensee may discharge the resident due to his or her absence from the facility. (4) “Board” means the Board of Nursing Home Administrators. (5) “Custodial service” means care for a person which entails observation of diet and sleeping habits and maintenance of a watchfulness over the general health, safety, and well-being of the aged or infirm. (6) “Department” means the Department of Children and Families. (7) “Facility” means any institution, building, residence, private home, or other place, whether operated for profit or not, including a place operated by a county or municipality, which undertakes through its ownership or management to provide for a period exceeding 24-hour nursing care, personal care, or custodial care for three or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but does not include any place providing care and treatment primarily for the acutely ill. A facility offering services for fewer than three persons is within the meaning of this definition if it holds itself out to the public to be an establishment which regularly provides such services. {8) “Geriatric outpatient clinic” means a site for providing outpatient health care to persons 60 years of age or older, which is staffed by a registered nurse, a physician assistant, or a licensed practical nurse under the direct supervision of a registered nurse, advanced practice registered nurse, physician assistant, or physician, (9) “Geriatric patient” means any patient who is 60 years of age or older. (10) “Local ombudsman council” means a local long-term care ombudsman council established pursuant to s. 400.0069, located within the Older Americans Act planning and service areas. (11) “Nursing home bed” means an accommodation which is ready for immediate occupancy, or is capable of being made ready for occupancy within 48 hours, excluding provision of staffing; and which conforms to minimum space requirements, including the availability of appropriate equipment and furnishings within the 48 hours, as specified by rule of the agency, for the provision of services specified in this part to a single resident. (12) “Nursing home facility” means any facility which provides nursing services as defined in part | of chapter 464 and which is licensed according to this part. (13) “Nursing service” means such services or acts as may be rendered, directly or indirectly, to and in behalf of a person by individuals as defined in s. 464,003. (14) “Office” has the same meaning as in s. 400.0060. (15) “Planning and service area” means the geographic area in which the Older Americans Act programs are administered and services are delivered by the Department of Elderly Affairs. (16) “Representative of the State Long-Term Care Ombudsman Program” has the same meaning as in s. 400.0060. (17) “Respite care” means admission to a nursing home for the purpose of providing a short period of rest or relief or emergency alternative care for the primary caregiver of an individual receiving care at home who, without home-based care, would otherwise require institutional care. (18) “Resident care plan” means a written plan developed, maintained, and reviewed not less than quarterly by a registered nurse, with participation from other facility staff and the resident or his or her designee or legal representative, which includes a comprehensive assessment of the needs of an individual resident; the type and frequency of services required to provide the necessary care for the resident to attain or maintain the highest practicable physical, mental, and psychosocial well-being; a listing of services provided within or outside the facility to meet those needs; and an explanation of service goals. (19) “Resident designee” means a person, other than the owner, administrator, or employee of the facility, designated in writing by a resident or a resident’s guardian, if the resident is adjudicated incompetent, to be the resident’s representative for a specific, limited purpose. (20) “State Long-Term Care Ombudsman Program” has the same meaning as in s. 400.0060. (21) “Therapeutic spa services” means bathing, nail, and hair care services and other similar services related to personal hygiene, History.—s. 2, ch. 69-309; ss. 19, 35, ch. 69-106; s. 2, ch. 70-361; s. 1, ch. 70-439; ss. 21, 25, ch, 75-233; s. 3, ch. 76-168; s. 234, ch. 77-147; 5. 1, ch. 77-457; ss. 1, 18, ch. 80-186; ss. 1, 12, ch. 80-198; s. 249, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 4, 79, 83, ch. 83-181; s. 1, ch. 90-330; ss. 20, 30, ch. 93-177; ss. 2, 49, ch. 93-217; s. 763, ch. 95-148; s. 117, ch. 99-8; s. 94, ch. 2000-318; s. 136, ch. 2000-349; s. 1, ch. 2000-350; s. 56, ch. 2000-367; s. 2, ch. 2001-45; s. 3, ch. 2004-298; s. 55, ch. 2007-230; s. 4, ch. 2012-160; s. 122, ch. 2014-19; s. 20, ch. 2015-31; s. 29, ch. 2048-106. Copyright © 1995-2021 The Florida Legislature + Privacy Statement » ContactUs EXHIBIT Select Year: (2020 Vf Go | The 2020 Florida Statutes Title XXIX Chapter 400 View Entire PUBLIC NURSING HOMES AND RELATED HEALTH CARE hapter HEALTH FACILITIES 400.022 Residents’ rights.— (1) All licensees of nursing home facilities shalt adopt and make public a statement of the rights and responsibilities of the residents of such facilities and shalt treat such residents in accordance with the provisions of that statement. The statement shall assure each resident the following: (a) The right to civil and religious liberties, including knowledge of avaitable choices and the right to independent personal decision, which will not be infringed upon, and the right to encouragement and assistance from the staff of the facility in the fullest possible exercise of these rights. (b) The right to private and uncensored communication, including, but not limited to, receiving and sending unopened correspondence, access to a telephone, visiting with any person of the resident’s choice during visiting hours, and overnight visitation outside the facility with family and friends in accordance with facility policies, physician orders, and Title XVII] (Medicare) and Title XIX (Medicaid) of the Social Security Act regulations, without the resident’s losing his or her bed. Facility visiting hours shall be flexible, taking into consideration special circumstances such as, but not limited to, out-of-town visitors and working relatives or friends. Unless otherwise indicated in the resident care plan, the licensee shall, with the consent of the resident and in accordance with policies approved by the agency, permit recognized volunteer groups, representatives of community-based legal, social, mental health, and leisure programs, and members of the clergy access to the facility during visiting hours for the purpose of visiting with and providing services to any resident. (c) Any entity or individual that provides health, social, legal, or other services to a resident has the right to have reasonable access to the resident. The resident has the right to deny or withdraw consent to access at any time by any entity or individual. Notwithstanding the visiting policy of the facility, the following individuals must be permitted immediate access to the resident: 1, Any representative of the federal or state government, including, but not limited to, representatives of the Department of Children and Families, the Department of Health, the Agency for Health Care Administration, the Office of the Attorney General, and the Department of Elderly Affairs; any law enforcement officer; any representative of the State Long-Term Care Ombudsman Program; and the resident’s individual physician. 2. Subject to the resident’s right to deny or withdraw consent, immediate family or other relatives of the resident. The facility must allow representatives of the State Long-Term Care Ombudsman Program to examine a resident’s clinicat records with the permission of the resident or the resident’s legal representative and consistent with state law. Florida Statute 400.022 001 (d) The right to present grievances on behalf of himself or herself or others to the staff or administrator of the facility, to governmental officials, or to any other person; to recommend changes in policies and services to facility personnel; and to join with other residents or individuals within or outside the facitity to work for improvements in resident care, free from restraint, interference, coercion, discrimination, or reprisal. This right includes access to ombudsmen and advocates and the right to be a member of, to be active in, and to associate with advocacy or special interest groups. The right also includes the right to prompt efforts by the facility to resolve resident grievances, including grievances with respect to the behavior of other residents. {e) The right to organize and participate in resident groups in the facility and the right to have the resident's family meet in the facility with the famities of other residents. (f) The right to participate in social, religious, and community activities that do not interfere with the rights of other residents. (g) The right to examine, upon reasonable request, the results of the most recent inspection of the facility conducted by a federal or state agency and any plan of correction in effect with respect to the facility. (h) The right to manage his or her own financial affairs or to delegate such responsibility to the licensee, but only to the extent of the funds held in trust by the licensee for the resident. A quarterly accounting of any transactions made on behalf of the resident shall be furnished to the resident or the person responsible for the resident. The facility may not require a resident to deposit personal funds with the facility. However, upon written authorization of a resident, the facility must hold, safeguard, manage, and account for the personal funds of the resident deposited with the facility as follows: 1 The facility must establish and maintain a system that ensures a futl, complete, and separate accounting, according to generally accepted accounting principles, of each resident’s personal funds entrusted to the facility on the resident’s behalf. 2, The accounting system established and maintained by the facility must preclude any commingling of resident funds with facility funds or with the funds of any person other than another resident. 3. Aquarterly accounting of any transaction made on behalf of the resident shall be furnished te the resident or the person responsible for the resident. 4 Upon the death of a resident with personal funds deposited with the facility, the facility must convey within 30 days the resident’s funds, including interest, and a final accounting of those funds, to the individual or probate jurisdiction administering the resident's estate, or, if a personal representative has not been appointed within 30 days, to the resident’s spouse or adult next of kin named in the beneficiary designation form provided for in s. 400.162(6). 5. The facility may not impose a charge against the personal funds of a resident for any item or service for which payment is made under Title XVII! or Titte XIX of the Social Security Act. (i) The right to be fully informed, in writing and orally, prior to or at the time of admission and during his or her stay, of services available in the facility and of related charges for such services, including any charges for services not covered under Title XVIII or Title XIX of the Sacial Security Act or not covered by the basic per diem rates and of bed reservation and refund policies of