Complaint·February 17, 2023

Regarding the allegation that facility staff did not follow admission agreement, according to the reporting party, the facility required R1's responsible party to pay for the month of November after facility was notified on 10/28/22 that R1 will not be returning to the facility. During the investigation, LPA reviewed the facility's admission agreement. According to the admission agreement, the responsible party can terminate the agreement at any time by providing the facility a written notice of termination at least 30 days prior to the date of the termination stated in the notice. In addition, the admission agreement indicates that the responsible party will be responsible of all fees and expenses incurred during the 30-day notice period. Based on documentation reviewed, on 10/28/22, R1's responsible party provided the facility with a notice indicating that R1 will not be returning back to the community and that all of R1's belongings will be picked up by 10/31/22. Furthermore, on 10/31/22, the administrator emailed the responsible party back indicating a 30-day notice would have to take place from 10/28/2022, and called to notify the responsible party that R1 may return back to the community. Regarding the allegation that facility staff photographed resident without consent and facility staff shares resident’s confidential information to a non-authorized party, according to the reporting party, a staff member took photos on their phone of R1’s accidents and shared the photos with an individual who came to visit R1. During the investigation, LPA reviewed R1’s files, reviewed staff roster and staff schedules, and interviewed the administrator and the witness. Based on the file reviewed, LPA observed a copy of the facility's photo/video consent form signed by R1's responsible party. Based on the interview conducted with the witness, it was indicated that a staff showed him/her pictures of R1’s incontinent accidents. LPA reviewed the staff roster, and the staff schedules for the dates that was provided by the witness, however there was no staff member that fit the name or description as identified by the witness. According to the administrator, the facility staff takes photos or resident’s accidents to report to the Administrator, resident’s responsible parties or the physician. Therefore, based on the documents collected, information reviewed, and interviews conducted, the allegations above are UNSUBSTANTIATED, meaning that although the allegation may have happened or is valid, there is no preponderance of evidence to prove that the alleged violation occurred. Report is reviewed with Executive Director, Freddie Fullon and a copy is provided.