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Filing # 133600090 E-Filed 08/27/2021 06:29:25 PM
IN THE CIRCUIT COURT OF THE 7™
JUDICIAL CIRCUIT, IN AND FOR
FLAGLER COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2021-CA-000023
THE ESTATE OF HARRY JOHNSON,
JR. by and through HARRIET S. JOHNSON,
Personal Representative,
Plaintiff,
v.
MF FLAGLER, LLC; FLORIDA FACILITIES,
LLC; PENSACOLA ADMINISTRATIVE
SERVICES, LLC; HC NAVIGATOR, LLC;
GULF COAST HEALTH CARE HOLDINGS,
LLC; NORMA ALVAREZ; and CHARLENE
PETRETTI (as to FLAGLER HEALTH AND
REHABILITATION CENTER),
Defendant.
/
DEFENDANT, FLORIDA FACILITIES, LLC; PENSACOLA ADMINISTRATIVE
SERVICES, LLC; HC NAVIGATOR, LLC; GULF COAST HEALTH CARE HOLDINGS.
LLC; NORMA ALVAREZ; and CHARLENE PETRETTV’S ANSWERS TO PLAINTIFF’S
INTERROGATORIES
COMES NOW, the Defendant, FLORIDA FACILITIES, LLC; PENSACOLA
ADMINISTRATIVE SERVICES, LLC; HC NAVIGATOR, LLC; GULF COAST HEALTH
CARE HOLDINGS, LLC; NORMA ALVAREZ; and CHARLENE PETRETTI, by and through
the undersigned Counsel and pursuant to the Florida Rules of Civil Procedure, hereby serves
Answers to Plaintiffs Interrogatories numbered.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via
1
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 08/30/2021 01:47 PMElectronic Mail to: Carl R. Wilander, Esq., Primary: carl@mrwlawgroup.com; Secondary:
fl@mrwlawgroup.com, on this 27th day of August, 2021.
QUINTAIROS, PRIETO, WOOD & BOYER, P.A.
Attorney(s) for Defendant
1475 Centrepark Blvd., Suite 130
West Palm Beach, FL 33401
Telephone: 561-686-1880
Facsimile: 561-686-1886
Primary Email service: jmorrison.pleadings@qpwblaw.com
Secondary Email service: rebecca.kimball@qpwblaw.com
BY: _/s/ Lawrence Suarez, Esq.
JAMES B. MORRISON, ESQ.
Florida Bar No.: 313210
NICOLE M. HEALY, ESQ.
Florida Bar No.: 52606
LAWRENCE SUAREZ, ESQ.
Florida Bar No.: 1024674General Objection.
Defendant objects to Plaintiff's definition of the term “identify” which improperly attempts
to require the Defendant to provide Plaintiff with the Social Security numbers of a number of its
employees, consultants, and agents. Each of those individuals, identified more specifically in
Plaintiffs individual Interrogatories, has a personal privacy right with respect to this information.
Accordingly, Defendant objects to the disclosure of the Social Security numbers and dates of birth
of any of those individuals and incorporates this objection by reference in response to every
interrogatory in which the Plaintiff requests Social Security numbers and dates of birth.
Defendant reserves the right to supplement the following Answers to Plaintiff's
Interrogatories as warranted by the results of its continuing investigation, the course of discovery,
and the development of the factual and legal issues as this lawsuit progresses.
Furthermore, Defendant objects to the production of documents outside of the residency.
INTERROGATORY NO. 1: Identify fully each person employed at the facility during HARRY
JOHNSON’ residency at the facility, please provide the following information for each:
His or her name, last known address, and telephone number;
His or her title;
The dates of employment;
The reasons for termination, if applicable; and
Whether the person was the subject of any disciplinary action during his or her term of
employment and, if so, the precise details thereof.
eae se
“Identify fully” means to state the full name, current or last known address, job title, number, and
relationship to the plaintiff and defendants.
The purpose of this interrogatory is to identify all individuals who either witnessed or had the
opportunity to witness the circumstances, events or occurrences that are relevant to the facts and
issues in the instant case. This interrogatory is intended to include any caregiver or other employee,
including dietary workers, laundry workers, maintenance person or any other employee whatsoever
Due to the illegibility of initials and signatures of nurses and others, in the medical records and the
illegibility of initials and lack of signatures by nurse aides, as well as due to the fact that no other
identifying information of the signer is contained in the medical records (i.e., complete name,
3social security number, address, position, current employment status), you are hereby notified that
merely referencing the medical records of HARRY JOHNSON in response to this interrogatory
will constitute an inadequate answer.
Further, Defendants should be aware that this interrogatory is not simply asking for the information
as it pertains to caregivers of the resident only, but is in fact asking for this information on EACH
and EVERY employee of DEFENDANTS at the facility during the resident’s residency.
ANSWER: See MF FLAGLER, LLC’s answers to interrogatories.
INTERROGATORY NO. 2: State whether each individual identified in response to Interrogatory
No. 1 provided any care or services to HARRY JOHNSON, and state whether each individual is
currently an employee of the facility.
ANSWER: See MF FLAGLER, LLC’s answers to interrogatories.
INTERROGATORY NO. 3: Please identify fully each administrator, assistant administrator,
outside consultants (including but not limited to dietary consultant, records consultant, physical
therapy consultant, nursing consultant, or pharmacy consultant), medical director, director of
nursing, assistant director of nursing, staffing coordinator, staff scheduler, human resource director,
staff development coordinator, admissions coordinator, social service director, dietary manager,
and dietician employed by the facility during HARRY JOHNSON’s residency at the facility, and
state the dates of service for each.
ANSWER: See MF FLAGLER, LLC’s answers to interrogatories.
INTERROGATORY NO. 4: Please identify fully each and every person who attended or
participated in any care plan concerning HARRY JOHNSON during his residency at the facility
and state the dates of each care plan in which each person participated or attended.
ANSWER: See MF FLAGLER, LLC’s answers to interrogatories.
INTERROGATORY NO. 5: Please identify fully each person believed or known by Defendants to
have any knowledge concerning any of the issues of this lawsuit; and specify the subject matter
about which the witness has knowledge.
ANSWER: See MF FLAGLER, LLC’s answers to interrogatories.
INTERROGATORY NO. 6: Please identify fully each management company utilized by
Defendants at the facility any time during any residency period of HARRY JOHNSON. For each
such management company, please identify the times during which the management company was
utilized. If the management company is a corporation, please identify the exact corporation name
and registered agent. If the management company is a general partnership, please identify the exact
name of the partnership as well as the names and addresses of all of the partners. If the
management company is a limited partnership, please identify the exact name of the limited
partnership as well as the names and addresses of each general and limited partner.
4ANSWER: Objection. This interrogatory is overly broad and not relevant or reasonably
calculated to lead to the discovery of relevant information and is a matter of public record.
Notwithstanding and without waiving the forgoing, to the extent the Plaintiff is seeking the
name of the management/consulting company, GULF COAST HEALTHCARE, LLC a/k/a
GULF COAST HEALTH CARE OF DELAWARE, LLC.
INTERROGATORY NO. 7: Please identify fully each employment agency — utilized by the
facility during the residency of HARRY JOHNSON for any employment need, including but not
limited to nursing, nursing aides or assistants, dietary, housekeeping, administration, janitorial or
lawn care. Further, please state the date(s) each agency was utilized.
ANSWER: None.
INTERROGATORY NO. 8: State who or what was the licensee of the facility from beginning of
HARRY JOHNSON’s residency until service of the Complaint. Please list the date each person or
entity was a licensee. If the licensee was a corporation, please list the exact corporation name and
registered agent. If the licensee was a general partnership, please list the exact name of the
partnership as well as the names and addresses of all of the partners. If the licensee was a limited
partnership, please list the exact name of the limited partnership as well as the names and addresses
of each general and limited partner.
ANSWER: MF FLAGLER, LLC for Flagler Health and Rehabilitation Center.
INTERROGATORY NO. 9: State who or what was the owner or owners of the facility from
beginning of HARRY JOHNSON’s residency until service of the Complaint in this matter. This
request includes both the owner of the physical plant as well as the owner of the nursing home
operations if said entities are not the same. Please list the date each person or entity was an owner.
If the owner was a corporation, please list the exact corporate name and registered agent. If the
owner was a general partnership, please list the exact name of the partnership as well as the names
and addresses of all of the partners. If the owner was a limited partnership, please list the exact
name of the limited partnership as well as the names and addresses of each general and limited
partner. If the owner was a limited liability company, please list the exact name and registered
agent of that entity.
ANSWER: Objection. The interrogatory is overly broad, irrelevant, immaterial, contains
undefined terms, and not reasonably calculated to lead to the discovery of admissible
evidence. Notwithstanding and without waiving, this information is a matter of public record
and equally available to the Plaintiff as it is to Defendant.
INTERROGATORY NO. 10: Identify all members of the governing body for the facility during
each period of HARRY JOHNSON’s residency, as follows:
a. Name;
b. Current or last known home address;
c. Current or last known place of employment; and
5d. [blank]
e. Dates each identified person served as a member of the governing body.
ANSWER: Objection. The interrogatory is vague, irrelevant and not reasonably calculated to
lead to the discovery of admissible evidence.
Without waiving objections, and to the extent the question is understood, this facility does not
have a “governing body”. However, the facility, in compliance with Federal and State laws
and regulations, does have a “management structure” which includes a_ licensed
administrator, director of nursing and all other required positions.
It is believed, although not clear from their question, that the Plaintiff is attempting to elicit
information which would show compliance with section 42 C.F.R. § 483.75. If that is in fact
the intent of this question, then the Plaintiff misstates the requirements of the code, as the
code merely requires that a facility have a management structure in place in accordance with
state law. This very interpretation of the code was made by the Department of Health and
Human Services Department (the federal agency charged with enforcement of the
regulation). See Department of Health and Human Services Departmental Appeals Board
Civil Remedies Division, Decision No. CR966, Beechwood Sanitarium, Petitioner, v Centers
for Medicare & Medicaid Services, October 28, 2002 , wherein it was found “the evidence
that is cited in the survey report - which addresses how effectively Petitioner's management
functioned - is irrelevant to the compliance requirements stated at 42 C.F.R. § 483.75(d)(1) -
(2). The regulation establishes requirements which address the management structure of a
skilled nursing facility. It requires that the facility establish certain entities and positions in
accordance with the requirements of State laws.”
Further, the existence of a “governing body” or designated persons is irrelevant in the
pending action as this section of the Code of Federal Regulations is only applicable as to the
issue of whether a facility meets the standards for receiving Medicare or Medicaid funds. As
such the existence of a formal or informal “governing body” lacks any relevance in a civil
action. See, Satterwhite v. Reilly, 817 So.2d 407, 35,926 (La.App. 2 Cir. 5/8/02), which held
that the federal regulation establishing standards for qualifying long-term care facilities for
Medicare and Medicaid programs does not grant a private cause of action.... If a nursing
home fails to meet the standards set forth in the regulation for certifying long-term care
facilities to participate in the Medicare and Medicaid programs, the government may
terminate its participation.
INTERROGATORY NO. 11: Please list the date and substance of any investigation which
Defendants know or believe was conducted by any governmental agency concerning HARRY
JOHNSON including, but not limited to, any state agency, or any law enforcement offices, together
with the name and address of the entity that conducted the investigation.
ANSWER: O See MF FLAGLER, LLC’s answers to interrogatories.
INTERROGATORY NO. 12: Are you aware of any care, services or treatment provided to
HARRY JOHNSON during his residency which is not documented in the medical chart maintained
6by the facility? If so, please state:
a full description of the service, care or treatment provided;
the date on which the service, care or treatment was provided;
the full name and position of the person who provided the care, service or treatment; and,
the location of any documentation with regard to the care, service or treatment provided.
aeop
ANSWER: See MF FLAGLER, LLC’s answers to interrogatories.
INTERROGATORY NO. 13: Are you aware of any documentation that reflects any care, services
or treatment provided to HARRY JOHNSON during his residency which is not documented in the
medical chart maintained by the facility? If so, please state:
a full description of the service, care or treatment provided;
the date on which the service, care or treatment was provided;
the full name and position of the person who provided the care, service or treatment; and,
the name and location of the documents as well as a detailed description of said document
and the care reflected.
ao oe
ANSWER: See MF FLAGLER, LLC’s answers to interrogatories.
INTERROGATORY NO. 14:Do Defendants have in their custody or control any records of
accidents or unusual incidents referring in any way to HARRY JOHNSON, including but not
limited to all reports of medication errors, falls, injuries, treatment errors, assaults or invasions by
staff or residents, and thefts of resident property? If Defendants have any such reports in their
custody or control, please state the name of each report, the name and job title of the individual that
created it, the name and job title of the individual having custody or control of each report, and
the current location of each report.
ANSWER: See MF FLAGLER, LLC’s answers to interrogatories.
INTERROGATORY NO. 15: Please identify, with sufficient particularity to formulate the basis
of a request to produce, all records of any kind prepared and/or maintained by DEFENDANTS
which pertain in any way to HARRY JOHNSON or include HARRY JOHNSON or any of
HARRY JOHNSON’s conditions within the document, data compilation, or figures, and state the
name, title, and business address of the custodian of each such record.
ANSWER: See MF FLAGLER, LLC’s answers to interrogatories.
INTERROGATORY NO. 16:Please identify any and all reports or data compilations that were
prepared by DEFENDANTS, its management company or consultants (1) concerning budgeting for
staffing or supplies, including any monthly budget variance reports, at the facility, (2) concerning
the facility staffing levels, (3) concerning the care and treatment of residents at the facility, and (4)
concerning resident characteristics, resident acuity levels, and the facility census levels during the
tesidency of HARRY JOHNSON.ANSWER: Objection. The request is overly broad, unduly burdensome, vague, irrelevant
and not reasonably calculated to lead to the discovery of admissible evidence. Further,
Defendant objects to this request to the extent that it may seek financial documents and
information that are beyond the scope of permissible discovery, pursuant to § 768.72 and
400.023 to the extent no discovery of financial worth shall proceed until after the pleading
concerning punitive damage is permitted. Moreover, production of all such documents, to the
extent that they are maintained, would also be unduly burdensome, especially given their
marginal relevance and inadmissibility. This request also seeks proprietary information and,
based on the status of the pleadings, constitutes harassment. Further, the request seeks
information that is protected by quality assurance and risk management privileges. In
addition, the request potentially violates the residents’ right to privacy as it seeks documents
that may contain information concerning other residents and as such the documents are
protected by HIPAA.
INTERROGATORY NO. 17: Please state if you have ever been a party, either plaintiff or
defendant, in a lawsuit other than the present matter, and, if so, state whether you were plaintiff or
defendant, the nature of the action, and the date and the court in which suit was filed.
ANSWER: Objection. The interrogatory is overbroad, unduly burdensome and not relevant
or reasonably calculated to lead to the discovery of admissible evidence. Further, the
information sought is a matter of public record and, thus, readily available to the Plaintiff.
INTERROGATORY NO. 18: Please state if the defendants had a system to record consumer,
resident or employee suggestions, concerns, and/or complaints (i.e., suggestion box, 800 number,
etc.) regarding the facility. If so, please identify, with sufficient particularity to form the basis of a
tequest to produce, the names and types of records of consumer, resident or employee suggestions,
concerns, and/or complaints; the person or persons primarily responsible for consumer, resident or
employee suggestions, concerns, and/or complaints; and the name and business address of the
tecords custodian who maintains the above consumer, resident or employee suggestions, concerns,
and/or complaints.
ANSWER: See MF FLAGLER, LLC’s answers to interrogatories.
INTERROGATORY NO. 19:Please identify by name and purpose the types of reports which could
be obtained by staff at the facility and by employees of Defendants during the residency of
HARRY JOHNSON from computer systems in place.
ANSWER: See MF FLAGLER, LLC’s answers to interrogatories.
INTERROGATORY NO. 20: Please identify by name and position who the administrator of the
facility reported to as well as whom that individual reported to during any portion of HARRY
JOHNSON’ residency.
ANSWER: See MF FLAGLER, LLC’s answers to interrogatories.
INTERROGATORY NO. 21: During the residency of HARRY JOHNSON, were you covered by
8any policy of liability insurance, insurance reciprocal, or self-insurance trust?
ANSWER: See MF FLAGLER, LLC’s answers to interrogatories.
INTERROGATORY NO. 22: Has any insurance company, reciprocal or trust which you believe
provides liability coverage denied coverage or stated it will defend you in this matter under a
teservation of rights to later deny coverage?
ANSWER: See MF FLAGLER, LLC’s answers to interrogatories.
INTERROGATORY NO. 23: As to each of the policies of insurance, any reciprocal or trust
mentioned above, please state whether there are currently any pending claims that might affect the
amount of insurance available to satisfy the claim in this matter? If so, please state:
a. Whether a lawsuit has been filed;
b. The case caption and court wherein such suit has been filed;
c. Ifno suit has been filed, the name of the attorney, if there is one, representing the claimant.
ANSWER: See MF FLAGLER, LLC’s answers to interrogatories t.
INTERROGATORY NO. 24: As to each of the policies of insurance, any reciprocal or trust
mentioned in your answers to these interrogatories, please state whether the amount of insurance
available to satisfy this matter is subject to any reduction in applicable aggregate or per incident
limits as a result of any other claims, or for any other reason.
ANSWER: See MF FLAGLER, LLC’s answers to interrogatories.
INTERROGATORY NO. 25: Please identify each written and/or oral contract between the named
Defendants that were in effect during HARRY JOHNSON’s residency at the facility.
ANSWER: Objection. The request is overly broad, unduly burdensome, vague, irrelevant
and not reasonably calculated to lead to the discovery of admissible evidence. Further,
Defendant objects to this request to the extent that it may seek financial documents and
information that are beyond the scope of permissible discovery, pursuant to § 768.72 and
400.0237, Florida Statutes, to the extent that no discovery of financial worth shall proceed
until after the pleading concerning punitive damage is permitted. Moreover, production of all
such documents, to the extent that they are maintained, would also be unduly burdensome,
especially given their marginal relevance and inadmissibility. This request also seeks
proprietary information and, based on the status of the pleadings, constitutes harassment.
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Filing # 133600090 E-Filed 08/27/2021 06:29:25 PM IN THE CIRCUIT COURT OF THE 7™ JUDICIAL CIRCUIT, IN AND FOR FLAGLER COUNTY, FLORIDA CIVIL DIVISION CASE NO.: 2021-CA-000023 THE ESTATE OF HARRY JOHNSON, JR. by and through HARRIET S. JOHNSON, Personal Representative, Plaintiff, v. MF FLAGLER, LLC; FLORIDA FACILITIES, LLC; PENSACOLA ADMINISTRATIVE SERVICES, LLC; HC NAVIGATOR, LLC; GULF COAST HEALTH CARE HOLDINGS, LLC; NORMA ALVAREZ; and CHARLENE PETRETTI (as to FLAGLER HEALTH AND REHABILITATION CENTER), Defendant. / DEFENDANT, FLORIDA FACILITIES, LLC; PENSACOLA ADMINISTRATIVE SERVICES, LLC; HC NAVIGATOR, LLC; GULF COAST HEALTH CARE HOLDINGS. LLC; NORMA ALVAREZ; and CHARLENE PETRETTV’S ANSWERS TO PLAINTIFF’S INTERROGATORIES COMES NOW, the Defendant, FLORIDA FACILITIES, LLC; PENSACOLA ADMINISTRATIVE SERVICES, LLC; HC NAVIGATOR, LLC; GULF COAST HEALTH CARE HOLDINGS, LLC; NORMA ALVAREZ; and CHARLENE PETRETTI, by and through the undersigned Counsel and pursuant to the Florida Rules of Civil Procedure, hereby serves Answers to Plaintiffs Interrogatories numbered. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via 1 Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 08/30/2021 01:47 PMElectronic Mail to: Carl R. Wilander, Esq., Primary: carl@mrwlawgroup.com; Secondary: fl@mrwlawgroup.com, on this 27th day of August, 2021. QUINTAIROS, PRIETO, WOOD & BOYER, P.A. Attorney(s) for Defendant 1475 Centrepark Blvd., Suite 130 West Palm Beach, FL 33401 Telephone: 561-686-1880 Facsimile: 561-686-1886 Primary Email service: jmorrison.pleadings@qpwblaw.com Secondary Email service: rebecca.kimball@qpwblaw.com BY: _/s/ Lawrence Suarez, Esq. JAMES B. MORRISON, ESQ. Florida Bar No.: 313210 NICOLE M. HEALY, ESQ. Florida Bar No.: 52606 LAWRENCE SUAREZ, ESQ. Florida Bar No.: 1024674General Objection. Defendant objects to Plaintiff's definition of the term “identify” which improperly attempts to require the Defendant to provide Plaintiff with the Social Security numbers of a number of its employees, consultants, and agents. Each of those individuals, identified more specifically in Plaintiffs individual Interrogatories, has a personal privacy right with respect to this information. Accordingly, Defendant objects to the disclosure of the Social Security numbers and dates of birth of any of those individuals and incorporates this objection by reference in response to every interrogatory in which the Plaintiff requests Social Security numbers and dates of birth. Defendant reserves the right to supplement the following Answers to Plaintiff's Interrogatories as warranted by the results of its continuing investigation, the course of discovery, and the development of the factual and legal issues as this lawsuit progresses. Furthermore, Defendant objects to the production of documents outside of the residency. INTERROGATORY NO. 1: Identify fully each person employed at the facility during HARRY JOHNSON’ residency at the facility, please provide the following information for each: His or her name, last known address, and telephone number; His or her title; The dates of employment; The reasons for termination, if applicable; and Whether the person was the subject of any disciplinary action during his or her term of employment and, if so, the precise details thereof. eae se “Identify fully” means to state the full name, current or last known address, job title, number, and relationship to the plaintiff and defendants. The purpose of this interrogatory is to identify all individuals who either witnessed or had the opportunity to witness the circumstances, events or occurrences that are relevant to the facts and issues in the instant case. This interrogatory is intended to include any caregiver or other employee, including dietary workers, laundry workers, maintenance person or any other employee whatsoever Due to the illegibility of initials and signatures of nurses and others, in the medical records and the illegibility of initials and lack of signatures by nurse aides, as well as due to the fact that no other identifying information of the signer is contained in the medical records (i.e., complete name, 3social security number, address, position, current employment status), you are hereby notified that merely referencing the medical records of HARRY JOHNSON in response to this interrogatory will constitute an inadequate answer. Further, Defendants should be aware that this interrogatory is not simply asking for the information as it pertains to caregivers of the resident only, but is in fact asking for this information on EACH and EVERY employee of DEFENDANTS at the facility during the resident’s residency. ANSWER: See MF FLAGLER, LLC’s answers to interrogatories. INTERROGATORY NO. 2: State whether each individual identified in response to Interrogatory No. 1 provided any care or services to HARRY JOHNSON, and state whether each individual is currently an employee of the facility. ANSWER: See MF FLAGLER, LLC’s answers to interrogatories. INTERROGATORY NO. 3: Please identify fully each administrator, assistant administrator, outside consultants (including but not limited to dietary consultant, records consultant, physical therapy consultant, nursing consultant, or pharmacy consultant), medical director, director of nursing, assistant director of nursing, staffing coordinator, staff scheduler, human resource director, staff development coordinator, admissions coordinator, social service director, dietary manager, and dietician employed by the facility during HARRY JOHNSON’s residency at the facility, and state the dates of service for each. ANSWER: See MF FLAGLER, LLC’s answers to interrogatories. INTERROGATORY NO. 4: Please identify fully each and every person who attended or participated in any care plan concerning HARRY JOHNSON during his residency at the facility and state the dates of each care plan in which each person participated or attended. ANSWER: See MF FLAGLER, LLC’s answers to interrogatories. INTERROGATORY NO. 5: Please identify fully each person believed or known by Defendants to have any knowledge concerning any of the issues of this lawsuit; and specify the subject matter about which the witness has knowledge. ANSWER: See MF FLAGLER, LLC’s answers to interrogatories. INTERROGATORY NO. 6: Please identify fully each management company utilized by Defendants at the facility any time during any residency period of HARRY JOHNSON. For each such management company, please identify the times during which the management company was utilized. If the management company is a corporation, please identify the exact corporation name and registered agent. If the management company is a general partnership, please identify the exact name of the partnership as well as the names and addresses of all of the partners. If the management company is a limited partnership, please identify the exact name of the limited partnership as well as the names and addresses of each general and limited partner. 4ANSWER: Objection. This interrogatory is overly broad and not relevant or reasonably calculated to lead to the discovery of relevant information and is a matter of public record. Notwithstanding and without waiving the forgoing, to the extent the Plaintiff is seeking the name of the management/consulting company, GULF COAST HEALTHCARE, LLC a/k/a GULF COAST HEALTH CARE OF DELAWARE, LLC. INTERROGATORY NO. 7: Please identify fully each employment agency — utilized by the facility during the residency of HARRY JOHNSON for any employment need, including but not limited to nursing, nursing aides or assistants, dietary, housekeeping, administration, janitorial or lawn care. Further, please state the date(s) each agency was utilized. ANSWER: None. INTERROGATORY NO. 8: State who or what was the licensee of the facility from beginning of HARRY JOHNSON’s residency until service of the Complaint. Please list the date each person or entity was a licensee. If the licensee was a corporation, please list the exact corporation name and registered agent. If the licensee was a general partnership, please list the exact name of the partnership as well as the names and addresses of all of the partners. If the licensee was a limited partnership, please list the exact name of the limited partnership as well as the names and addresses of each general and limited partner. ANSWER: MF FLAGLER, LLC for Flagler Health and Rehabilitation Center. INTERROGATORY NO. 9: State who or what was the owner or owners of the facility from beginning of HARRY JOHNSON’s residency until service of the Complaint in this matter. This request includes both the owner of the physical plant as well as the owner of the nursing home operations if said entities are not the same. Please list the date each person or entity was an owner. If the owner was a corporation, please list the exact corporate name and registered agent. If the owner was a general partnership, please list the exact name of the partnership as well as the names and addresses of all of the partners. If the owner was a limited partnership, please list the exact name of the limited partnership as well as the names and addresses of each general and limited partner. If the owner was a limited liability company, please list the exact name and registered agent of that entity. ANSWER: Objection. The interrogatory is overly broad, irrelevant, immaterial, contains undefined terms, and not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding and without waiving, this information is a matter of public record and equally available to the Plaintiff as it is to Defendant. INTERROGATORY NO. 10: Identify all members of the governing body for the facility during each period of HARRY JOHNSON’s residency, as follows: a. Name; b. Current or last known home address; c. Current or last known place of employment; and 5d. [blank] e. Dates each identified person served as a member of the governing body. ANSWER: Objection. The interrogatory is vague, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving objections, and to the extent the question is understood, this facility does not have a “governing body”. However, the facility, in compliance with Federal and State laws and regulations, does have a “management structure” which includes a_ licensed administrator, director of nursing and all other required positions. It is believed, although not clear from their question, that the Plaintiff is attempting to elicit information which would show compliance with section 42 C.F.R. § 483.75. If that is in fact the intent of this question, then the Plaintiff misstates the requirements of the code, as the code merely requires that a facility have a management structure in place in accordance with state law. This very interpretation of the code was made by the Department of Health and Human Services Department (the federal agency charged with enforcement of the regulation). See Department of Health and Human Services Departmental Appeals Board Civil Remedies Division, Decision No. CR966, Beechwood Sanitarium, Petitioner, v Centers for Medicare & Medicaid Services, October 28, 2002 , wherein it was found “the evidence that is cited in the survey report - which addresses how effectively Petitioner's management functioned - is irrelevant to the compliance requirements stated at 42 C.F.R. § 483.75(d)(1) - (2). The regulation establishes requirements which address the management structure of a skilled nursing facility. It requires that the facility establish certain entities and positions in accordance with the requirements of State laws.” Further, the existence of a “governing body” or designated persons is irrelevant in the pending action as this section of the Code of Federal Regulations is only applicable as to the issue of whether a facility meets the standards for receiving Medicare or Medicaid funds. As such the existence of a formal or informal “governing body” lacks any relevance in a civil action. See, Satterwhite v. Reilly, 817 So.2d 407, 35,926 (La.App. 2 Cir. 5/8/02), which held that the federal regulation establishing standards for qualifying long-term care facilities for Medicare and Medicaid programs does not grant a private cause of action.... If a nursing home fails to meet the standards set forth in the regulation for certifying long-term care facilities to participate in the Medicare and Medicaid programs, the government may terminate its participation. INTERROGATORY NO. 11: Please list the date and substance of any investigation which Defendants know or believe was conducted by any governmental agency concerning HARRY JOHNSON including, but not limited to, any state agency, or any law enforcement offices, together with the name and address of the entity that conducted the investigation. ANSWER: O See MF FLAGLER, LLC’s answers to interrogatories. INTERROGATORY NO. 12: Are you aware of any care, services or treatment provided to HARRY JOHNSON during his residency which is not documented in the medical chart maintained 6by the facility? If so, please state: a full description of the service, care or treatment provided; the date on which the service, care or treatment was provided; the full name and position of the person who provided the care, service or treatment; and, the location of any documentation with regard to the care, service or treatment provided. aeop ANSWER: See MF FLAGLER, LLC’s answers to interrogatories. INTERROGATORY NO. 13: Are you aware of any documentation that reflects any care, services or treatment provided to HARRY JOHNSON during his residency which is not documented in the medical chart maintained by the facility? If so, please state: a full description of the service, care or treatment provided; the date on which the service, care or treatment was provided; the full name and position of the person who provided the care, service or treatment; and, the name and location of the documents as well as a detailed description of said document and the care reflected. ao oe ANSWER: See MF FLAGLER, LLC’s answers to interrogatories. INTERROGATORY NO. 14:Do Defendants have in their custody or control any records of accidents or unusual incidents referring in any way to HARRY JOHNSON, including but not limited to all reports of medication errors, falls, injuries, treatment errors, assaults or invasions by staff or residents, and thefts of resident property? If Defendants have any such reports in their custody or control, please state the name of each report, the name and job title of the individual that created it, the name and job title of the individual having custody or control of each report, and the current location of each report. ANSWER: See MF FLAGLER, LLC’s answers to interrogatories. INTERROGATORY NO. 15: Please identify, with sufficient particularity to formulate the basis of a request to produce, all records of any kind prepared and/or maintained by DEFENDANTS which pertain in any way to HARRY JOHNSON or include HARRY JOHNSON or any of HARRY JOHNSON’s conditions within the document, data compilation, or figures, and state the name, title, and business address of the custodian of each such record. ANSWER: See MF FLAGLER, LLC’s answers to interrogatories. INTERROGATORY NO. 16:Please identify any and all reports or data compilations that were prepared by DEFENDANTS, its management company or consultants (1) concerning budgeting for staffing or supplies, including any monthly budget variance reports, at the facility, (2) concerning the facility staffing levels, (3) concerning the care and treatment of residents at the facility, and (4) concerning resident characteristics, resident acuity levels, and the facility census levels during the tesidency of HARRY JOHNSON.ANSWER: Objection. The request is overly broad, unduly burdensome, vague, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Further, Defendant objects to this request to the extent that it may seek financial documents and information that are beyond the scope of permissible discovery, pursuant to § 768.72 and 400.023 to the extent no discovery of financial worth shall proceed until after the pleading concerning punitive damage is permitted. Moreover, production of all such documents, to the extent that they are maintained, would also be unduly burdensome, especially given their marginal relevance and inadmissibility. This request also seeks proprietary information and, based on the status of the pleadings, constitutes harassment. Further, the request seeks information that is protected by quality assurance and risk management privileges. In addition, the request potentially violates the residents’ right to privacy as it seeks documents that may contain information concerning other residents and as such the documents are protected by HIPAA. INTERROGATORY NO. 17: Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter, and, if so, state whether you were plaintiff or defendant, the nature of the action, and the date and the court in which suit was filed. ANSWER: Objection. The interrogatory is overbroad, unduly burdensome and not relevant or reasonably calculated to lead to the discovery of admissible evidence. Further, the information sought is a matter of public record and, thus, readily available to the Plaintiff. INTERROGATORY NO. 18: Please state if the defendants had a system to record consumer, resident or employee suggestions, concerns, and/or complaints (i.e., suggestion box, 800 number, etc.) regarding the facility. If so, please identify, with sufficient particularity to form the basis of a tequest to produce, the names and types of records of consumer, resident or employee suggestions, concerns, and/or complaints; the person or persons primarily responsible for consumer, resident or employee suggestions, concerns, and/or complaints; and the name and business address of the tecords custodian who maintains the above consumer, resident or employee suggestions, concerns, and/or complaints. ANSWER: See MF FLAGLER, LLC’s answers to interrogatories. INTERROGATORY NO. 19:Please identify by name and purpose the types of reports which could be obtained by staff at the facility and by employees of Defendants during the residency of HARRY JOHNSON from computer systems in place. ANSWER: See MF FLAGLER, LLC’s answers to interrogatories. INTERROGATORY NO. 20: Please identify by name and position who the administrator of the facility reported to as well as whom that individual reported to during any portion of HARRY JOHNSON’ residency. ANSWER: See MF FLAGLER, LLC’s answers to interrogatories. INTERROGATORY NO. 21: During the residency of HARRY JOHNSON, were you covered by 8any policy of liability insurance, insurance reciprocal, or self-insurance trust? ANSWER: See MF FLAGLER, LLC’s answers to interrogatories. INTERROGATORY NO. 22: Has any insurance company, reciprocal or trust which you believe provides liability coverage denied coverage or stated it will defend you in this matter under a teservation of rights to later deny coverage? ANSWER: See MF FLAGLER, LLC’s answers to interrogatories. INTERROGATORY NO. 23: As to each of the policies of insurance, any reciprocal or trust mentioned above, please state whether there are currently any pending claims that might affect the amount of insurance available to satisfy the claim in this matter? If so, please state: a. Whether a lawsuit has been filed; b. The case caption and court wherein such suit has been filed; c. Ifno suit has been filed, the name of the attorney, if there is one, representing the claimant. ANSWER: See MF FLAGLER, LLC’s answers to interrogatories t. INTERROGATORY NO. 24: As to each of the policies of insurance, any reciprocal or trust mentioned in your answers to these interrogatories, please state whether the amount of insurance available to satisfy this matter is subject to any reduction in applicable aggregate or per incident limits as a result of any other claims, or for any other reason. ANSWER: See MF FLAGLER, LLC’s answers to interrogatories. INTERROGATORY NO. 25: Please identify each written and/or oral contract between the named Defendants that were in effect during HARRY JOHNSON’s residency at the facility. ANSWER: Objection. The request is overly broad, unduly burdensome, vague, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Further, Defendant objects to this request to the extent that it may seek financial documents and information that are beyond the scope of permissible discovery, pursuant to § 768.72 and 400.0237, Florida Statutes, to the extent that no discovery of financial worth shall proceed until after the pleading concerning punitive damage is permitted. Moreover, production of all such documents, to the extent that they are maintained, would also be unduly burdensome, especially given their marginal relevance and inadmissibility. This request also seeks proprietary information and, based on the status of the pleadings, constitutes harassment.