Attorneys for a Broward County nursing home didn’t show up for a hearing into its contempt motion against the Agency for Health Care Administration over alleged public records violations.
Scheduling error, said Geoffrey Smith, of the Smith & Associates law firm in Tallahassee, because of a “misunderstanding related to the scheduling of hearings in several ongoing related matters.”
”We continue to look forward to the production of the public record information on the deaths that occurred in Florida during the aftermath of Hurricane Irma,” he said.
Tallahassee Circuit Judge Terry Lewis said he likely couldn’t have resolved the case within the hour allotted anyway, because he’d realized the parties would need to present evidence rather than merely argue points of law.
He asked Michael Williams, an assistant general counsel to the agency, who did attend the scheduled hearing, to get in touch with the other side to reschedule.
“It seems like there’s really a factual dispute,” Lewis said.
“I would suggest to the plaintiffs, if they were here, that they go ahead and pay whatever fee and let you get going,” he added. “And I’ll reserve jurisdiction on whether that’s a reasonable time and that’s a reasonable fee.
“If you’ll relay that, we’ll just let them reset this hearing for a little longer.”
Williams declined to comment following the hearing.
The Rehabilitation Center at Hollywood Hills was the site of patient deaths as Hurricane Irma knocked out its power supply, and with it, the air conditioning. Twelve patients died, and the state later went after the facility’s license.
In the subsequent court battle, the nursing home filed a public records request for death certificates filed with the state between Sept. 9 and Sept. 16, during Irma and shortly afterward.
In part, the facility objects to the state’s demand for nearly $6,000 before it produces the data.