Shearwater Residence

87217- Safeguards for Resident Cash, Personal Property, and Valuables(f) No licensee or employee of a facility shall make expenditures from residents' cash resources for any basic service specified in this Chapter, or for any basic services identified in a contract/admission agreement between the resident and facility....this requirement was not as evidenced by; Based on the documentation and video surveillance obtained, staff, S1 falsely used resident, R1’s bank card to make unauthorized personal purchases, which poses a immediate health and safety risks to residents in care.

During visit, LPA observed food supply with multiple expired items, and food items without date or label, which poses/posed a potential health, safety or personal rights risk to persons in care.

Based on staff's interviews and record review, it has been found that facility retain resident, R2 with pressure injury, stage 3 which is a Prohibited Health Condition for RCFE and did not have Approved Exception to provide care and services which poses/posed a potential health, safety or personal rights risk to persons in care.

Based on staff's interviews and record review, the licensee did not comply with the section cited above as reappraisal was not completed to addrress resident, R2 ,Change in helath condition for stage 3 pressure injury as indicated in LIC602 ,dated-09/25/23 which poses/posed a potential health, safety or personal rights risk to persons in care.

87705- Care of Persons with Dementia (c) Licensees who accept and retain residents with dementia shall be responsible for ensuring the following: (4) There is an adequate number of direct care staff to support each resident’s physical, social, emotional, safety and health care needs as identified in his/her current appraisal. This requirement is not met as evidenced by: Based on interviews conducted and record review, facility staff did not provide care and supervision to R1 resulting in R1 leaving the facility unassisted which posed an immediate health and safety risk to residents in care.

Personal Rights of Residents in All Facilities. Residents in all residential care facilities for the elderly shall have all of the following personal rights: To be accorded dignity in their personal relationships with staff, residents, and other persons. This requirement was not met as evidenced by a former caregiver admitting they raised their voice to residents this poses an immediate hazard to residents.

Increase in fee rates for elderly residents.(b) No licensee shall charge nonrecurring lump-sum assessments. .. "nonrecurring lump-sum assessments" mean rate increases due to unavoidable and unexpected costs that financially obligate the licensee...This requirement was not met based on recrds and statements that some residents were charged fees for Covid-19 staffing that were a an unexpected and unavoidable cost to the licensee. Residents were not reassessed for level of care and residents did not receive 60 days notice.This violated residents personal rights.

(a) Residents in all residential care facilities for the elderly shall have all of the following personal rights:… (2) To be accorded safe, healthful and comfortable accommodations…This requirement was not met as evidenced by statements that found staff at the facility were not consistently following public health guidance for mask wearing. This posed an immediate risk to residents in care.