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W. FRANK WELLS NURSING HOME v. State
Citations: 75 So. 3d 328; 2011 Fla. App. LEXIS 16838; 2011 WL 5041903Docket: 1D11-0505
Court: District Court of Appeal of Florida; October 25, 2011; Florida; State Appellate Court
W. Frank Wells Nursing Home appealed a final order from the Agency for Health Care Administration (AHCA) that upheld a Notice of Deficiencies and a class III citation for violating section 394.463(2), Florida Statutes. The incident leading to the citation occurred on August 14, 2006, when the nursing director contacted the resident's attending physician for guidance on a behavioral issue. The physician instructed the nursing staff to transfer the resident to the emergency room for a mental evaluation. The nursing home and the Ed Frazer Memorial Hospital, though separately licensed, were owned by the same corporation and located within the same facility. The resident was moved approximately 300 feet to the hospital's emergency room, where an evaluation was conducted, leading to further actions mandated by section 394.463(2)(b). This section prohibits transporting residents for involuntary examination without specific legal documentation, such as an ex parte order. The court found that this transfer did not constitute a violation of section 394.463(2)(b) because the resident was not discharged or removed from resident status at that time. Additionally, the hospital emergency room did not qualify as a designated receiving facility under the Baker Act, and the initial mental evaluation ordered was not classified as an involuntary examination as defined in the statute. The court determined that the nursing home followed the proper procedures later that evening, resulting in the resident's transfer to Northeast Florida State Hospital, the only designated facility in the county. The court emphasized the importance of protecting nursing home residents' rights but concluded that the AHCA's application of section 394.463(2) in this case was erroneous. Consequently, the final order was set aside, and the matter was remanded to AHCA for the removal of the citation from the nursing home's regulatory record. Judges Davis and Van Nortwick concurred with the decision.