complaint·May 17, 2023

This unannounced visit by Amy Goldenberg, Licensing Program Analyst (LPA), is being conducted to conclude this agency’s investigation into the complaint allegation mentioned above. During the course of this investigation LPA obtained and reviewed the following documentation: Identification and Emergency Information form (LIC 601) and Durable Power of Attorney (POA) paperwork for resident (R1). It is alleged that a person was requesting on behalf of R1 copies of their documentation from the facility. Review of POA paperwork indicated that R1 had appointed individuals designated on the POA. The party that was requesting R1's records was not an appointed individual on R1's POA. The facility did not have a release of information signed by the person appointed on the POA allowing the requesting party access to R1's records according to Administrator Maritza Lujan, and the paperwork could not be released at that time. Review of facility records did not reveal any court order, subpoenas for R1's records until 11/15/2021 and on 01/12/2022. Documentation was provided verifying the documents were provided. Based on the information available at this time, we have found the complaint allegation is unsubstantiated. Although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the alleged violation occurred as reported. A copy of this report is being reviewed with and furnished to the facility representative.