Heritage Healthcare Center v. Agency for Health Care Administration
Heritage Healthcare Center v. Agency for Health Care Administration
Opinion of the Court
This appeal is before us on review of the Agency’s (Appellee’s) final order
Nursing home facilities that participate in Medicaid and Medicare programs must follow the rules and regulations set forth in 42 C.F.R. 483, which have been incorporated by reference into the Agency’s rules. See Fla. R. Admin. P. 59A-4.1288. Specifically, Appellant was required to ensure that “[a] resident who enters the facility without pressure sores does not develop pressure sores unless the individual’s clinical condition demonstrates that they were unavoidable.... ” 42 C.F.R. 483.25(c)(1).
At the hearing, Appellant presented expert testimony that the resident’s pressure sores were clinically unavoidable. This testimony was unrebutted.
. The Agency essentially adopted the administrative law judge’s recommended order as its final order.
. We note that, upon resurvey, Appellant's license was changed to a standard rating. However, Appellant was not eligible to be reinstated to a superior rating until the following year.
. In view of our determination, it is unnecessary to consider the issue of the proper burden of proof.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.