Important note: Information in this article was accurate in 1991. The state of the art may have changed since the publication date.
The Associated Press; Thursday, November 7, 1991
Pines Village Care Center violated the rights of the patient, who was not identified, according to a complaint registered with the state Department of Health and Rehabilitative Services.
The complaint was filed in July by Dr. Bob Schwartz, president of the Southwest Florida AIDS Task Force, and was investigated by the HRS Medicaid office in Tallahassee.
Schwartz, a specialist in treating infectious diseases, said he was elated by the official action.
"It's very gratifying to see a complaint followed up in such a professional manner, and I think it shows the state is truly serious about understanding this disease as a handicap," Schwartz told the Naples Daily News. "Every other nursing home has taken their turn accepting AIDS patients and I think this will discourage those who might have considered doing otherwise."
A letter from the HRS to the center dated Nov. 4 said the home wouldn't have to pay the fine if it agrees a violation occurred and stops discriminating against patients who have the deadly acquired immune deficiency syndrome.
It must also review all their policies and procedures with the state Office of Licensure and Certification and the Office of Civil Rights.
An aide to Carl Morstadt, chief attorney for the HRS Medicaid office in Tallahassee, said the conditions imposed on the nursing home were "unprecedented" in their severity.
The nursing home must agree to take the next five HIV-positive admissions when a bed is available. No bed may be filled without the permission of the Office of Licensure and Certification.
Further, the home must agree to participate in an HIV patient admission rotation supervised by the AIDS task force and for two years they must make monthly reports to the Fort Myers HRS supervisor.
If the owners, who were not identified, reject the terms of the letter, they will be fined $25,000 plus investigative costs, and HRS will remove the home from the Medicaid program, the letter states.
An HRS official in Tallahassee said that if the center could not survive financially as a result of the action, a receiver would be appointed to terminate all affairs of the nursing home and to provide care for patients until other arrangements could be made.
Michael Bitman, an Orlando attorney who represents the owners, said there were avenues for an appeal, but that "no decision has been made" as to whether the owners would appeal.
Copyright 1991/The Associated Press. Reproduced with permission. Reproduction of this article (other than one copy for personal reference) must be cleared through the Permissions Desk, The Associated Press, 50 Rockefeller Plaza, New York, NY 10020.
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Copyright © 1991 - Associated Press. Reproduction of this article (other than one copy for personal reference) must be cleared through the AP Permissions Desk.
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