F 0561
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Honor the resident's right to and the facility must promote and facilitate resident self-determination through
support of resident choice.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observations, interviews and record review, the facility did not honor resident choices related to a request to
discontinue an as needed (PRN) medication for one resident (#30) out of a sample of three residents.
Findings included:
Review of the admission Record revealed Resident #30 was admitted to the facility on [DATE], with
diagnoses to include chronic respiratory failure with hypoxia, fracture of unspecified part of the neck of left
femur, encounter for closed fracture with routine healing, and encounter for other orthopedic aftercare. An
admission Minimum Data Set (MDS), dated [DATE], for Resident #30 showed a Brief Interview for Mental
Status (BIMS) score of 13, indicating intact cognition. Section G Functional Status showed Resident #30
was dependent on staff for all activities of daily living.
On 11/29/22 at 12:37 p.m., an interview was conducted with Resident #30's Responsible Party (RP). The
RP stated Resident #30's medications that are supposed to be given as needed (PRN) were not
administered as needed. The RP said, They have put them on a schedule. They put her on laxatives and a
sleep aide that she does not need. She is over medicated. The RP stated he spoke to the nurses about the
medications and had addressed it with the Director of Nursing (DON). The RP stated he consulted with the
resident's cardiologist who has known her condition for years and he agreed she should not be on any
more medications out of her regular regimen. The RP stated the resident was at the facility for short term
rehabilitation. The RP stated the weekend of 11/27/22, Resident #30 received Melatonin the night before
from which she slept all day. The RP stated the nurse on the day shift called him apologizing, stating the
nurse on the previous shift had given the resident Melatonin without her request. The RP stated, There is
no reason for it. She sleeps fine and we have a private caregiver with her 24/7 monitoring her . what's the
point of over medicating her? The RP stated the private caregivers denied observing restlessness or lack of
sleep for Resident #30.
A comprehensive progress note effective 11/26/22 showed patient has a sitter, family also visiting, very
involved in care, family does not want patient to have Melatonin since it makes her very sleepy.
Review of the Medication Administration Record (MAR) for the month of October 2022, showed Resident
#30 received Melatonin 3mg (milligrams), 2 tablets daily from 10/24/22 to 10/30/22 on a scheduled basis.
A physician order, dated 11/3/22, showed Melatonin tablet 3mg, give 2 tablets by mouth at bedtime for
insomnia, start date 11/3/22.
(continued on next page)
Any deficiency statement ending with an asterisk (*) denotes a deficiency which the institution may be excused from correcting providing it is determined that other
safeguards provide sufficient protection to the patients. (See instructions.) Except for nursing homes, the findings stated above are disclosable 90 days following the
date of survey whether or not a plan of correction is provided. For nursing homes, the above findings and plans of correction are disclosable 14 days following the date
these documents are made available to the facility. If deficiencies are cited, an approved plan of correction is requisite to continued program participation.
LABORATORY DIRECTOR'S OR PROVIDER/SUPPLIER
REPRESENTATIVE'S SIGNATURE
TITLE
(X6) DATE
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Facility ID:
If continuation sheet
Page 1 of 52
Event ID:
105744
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0561
Level of Harm - Minimal harm
or potential for actual harm
Review of the MAR for the month of November 2022, showed Resident #30 received Melatonin 3mg, daily
from 11/3/22 to 11/13/22.
A physician order, dated 11/15/22 ,showed Melatonin tablet 3mg, give 2 tablets by mouth every 24 hours as
needed at bedtime for insomnia, start date 11/15/22.
Residents Affected - Few
Review of the current physician orders for Resident #30, dated 12/1/22, showed Melatonin tablet 3mg, give
2 tablets by mouth every 24 hours as needed for insomnia. Give 2 tablets PRN. Dated 11/15/22.
On 12/01/22 at 11:32 a.m., an interview was conducted with the Social Services Director (SSD) The SSD
stated the family had not filed any grievances related to medications, and she had not received grievances
from staff. The SSD stated they had not discussed any concerns in care plan meetings related to this
resident and the use of PRN medications.
On 12/01/22 at 11:49 a.m., an interview was conducted with Staff AA, Registered Nurse (RN) Unit
Manager. Staff AA stated she had been notified the resident and family were having concerns related to the
use of PRN medications. Staff AA stated they adjusted the stool softeners and changed the softeners to
PRNs. Staff AA stated she thought their concerns had been resolved. She stated she thought the resident
was on Melatonin because she was not sleeping. Staff AA stated she could not confirm the status of the
Melatonin.
An interview was conducted with a family member on 12/01/22 at 2:03 p.m. The family member stated on
11/24/22, they came to visit [Resident #30]. The family member stated the resident was very sleepy and
tired. The private duty aide stated she [Resident #30] was given Melatonin the night before. The private duty
aide reported the resident had not asked for the medication, and the nurse just walked in with it and gave it
to the resident. The family member stated he spoke with the DON that day and let her know his [Resident
#30] did not need a sleep aide medication and it should be discontinued. The family member stated the
DON said she would take care of it. The family member stated the medication was still not discontinued and
they had to ask a nurse on 11/26/22. He stated as of the time of this interview, the medication was still
active.
Review of the MAR for Resident #30 for the month of November 2022 confirmed Melatonin was
administered on 11/21/22 and 11/23/22.
On 12/01/22 at 2:15 p.m., an interview was conducted with Staff AA. Staff AA stated she reviewed Resident
#30's record, which showed the Melatonin was ordered to be administered at bedtime regularly, but the
schedule was changed on 11/15/22 to PRN following the cardiologist's request. Staff AA confirmed on
11/26/22 the family stated they did not want her to have it. They spoke to the nurse on duty and she put in a
note about it. Staff AA stated the physician should have been notified. Staff AA stated they should have
considered the family's wishes. Staff AA stated she would notify the doctor so the medication can be
discontinued if the resident no longer needed it.
On 12/01/22 at 2:30 p.m., an interview was conducted with the Acting DON. She stated the nurse should
have notified the doctor of the family wishes. The Acting DON stated the doctor would evaluate and
consider honoring the family wishes especially if there was no need for the medication. The Acting DON
stated a grievance should have been initiated to allow them to investigate and resolve the family's concern.
The medication should have been reviewed and discontinued. The Acting DON stated she called the
cardiologist, and he sent the order to D/C (discontinue) the Melatonin.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 2 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0561
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
A progress note, dated 12/1/22, showed, Resident #30's Melatonin was discontinued at resident's family
request.
Review of a facility policy titled, Residents Rights, revised December 2016, showed the policy interpretation
and implementation as, (1.) Federal and state laws guarantee certain basic rights to all residents of this
facility. These rights include the resident's right to:
(e.) self - determination.
(h.) be supported by the facility in exercising his or her rights and responsibilities.
(p.) be informed of and participate in his or her care planning and treatment.
Review of a facility policy titled, Administering Medications, revised April 2019, showed, (28.) If a resident
uses PRN medications frequently, the attending physician and interdisciplinary care team, with support
from the consultant pharmacist as needed, shall reevaluate the situation, examine the individual as needed,
determine if there is a clinical reason for the frequent PRN use, and consider whether a standing dose of
medication is clinically indicated.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 3 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
Protect each resident from all types of abuse such as physical, mental, sexual abuse, physical punishment,
and neglect by anybody.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, review of the medical record, incident logs, policy and procedure review, interviews with
administration, nursing and therapy staff, the resident's physician, and the resident's representatives, the
facility failed to implement a systematic process to carry out their abuse policy for one Resident #17, who
was cognitively intact and dependent on staff for incontinent care of two residents reviewed for abuse. The
facility failed to take actions to report, thoroughly investigate, and take corrective action to prevent abuse to
its residents. The facility failed to remove staff alleged to perpetrate the abuse and failed to thoroughly
investigate the allegation to determine the root cause of the reported abuse to ensure the safety of the
resident involved and ensure all facility residents would remain safe from a similar incident.
On 11/24/2022 between 7:00 a.m. and 8:30 a.m. the Medical Director informed Staff A, Licensed Practical
Nurse (LPN) that a male nurse had provided Resident #17 incontinent care, and she did not want a male
nurse to provide the care. Between 9:00 a.m. and 9:30 a.m. Staff A, LPN stated she spoke to the Director of
Nursing (DON) who had just arrived at the facility. Staff A said, I told her (DON) the Medical Director had
concerns that the resident said she felt as though she was raped. Staff A said the Risk Manager called her
back and I had told her I spoke to the Director of Nursing, she DON said she would handle it.
Reports to the required abuse hotline showed the facility reported the verbal incident on 11/29/2022. The
facility suspended two staff members (Staff C and Director of Nursing) on 11/29/2022. It was determined
the investigation was not completed thoroughly and in a timely manner.
This resulted in the findings of Immediate Jeopardy starting on 11/24/2022. The immediacy was removed
on 12/02/2022 after verification of the implementation of removal action(s). The scope and severity was
reduced to a D (no actual harm with potential for more than minimal harm).
Findings included:
Cross reference F609, F610, F699, and F835
On 11/29/2022 at 12:10 p.m. an interview was conducted with Resident #17. She was observed from the
hallway lying in bed wearing a hospital gown. She made eye contact and was receptive to an interview. She
said she was waiting to get dressed as she pulled at her hospital gown, and that she needed to get ready
for therapy. When the resident was asked if she was treated with respect and dignity, she stated, A male
aide (Staff C) started to perform incontinent care; I told him no. I told them (Staff C and D) before I only
wanted females to care for me. But he proceeded to change my brief anyway. I told him no. At that time, she
made eye contact with the surveyor and stated, No means no. She said she had cried and cried no, but he
wouldn't stop. She stated, I felt like I was raped. When asked if she told anyone she stated, I told my doctor,
and my doctor told them. She said it had occurred just a couple of days ago. She said she has not seen the
male nurse since, but, she continued, I see those men walking past my room and looking in. They're just
walking by with nothing to do. At that time the resident lowered her head slightly and stated, I don't want to
answer any more questions. Resident #17's bed was positioned by the door and when the door is open,
she is able see into the hallway.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 4 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
Review of Resident #17's admission Record revealed, she was geriatric in age and was transferred from a
local hospital on [DATE] after having an altered mental status. Her admission Record showed she was
admitted for short term rehabilitation with diagnoses that included atrial fibrillation, depression, wedge
compression fracture of fourth lumbar vertebra, subsequential encounter for fracture with routine healing,
generalized muscle weakness and abnormalities of gait and mobility.
Review of Resident #17's admission Minimum Data Set (MDS), dated [DATE], Section C Cognitive Patterns
showed the Brief Interview for Mental Status (BIMS) score coded as a 14. The code of 14 indicated
cognitively intact. Further review of the MDS, Section G Functional Status showed toilet use coded as the
number 3. The number 3 reflected extensive assistance. Support needed for toilet use mobility was coded
as a 2 and indicated one-person physical assist.
Review of the Medical Director's progress note, dated 11/24/2022 at 9:18 a.m., revealed S: [subjective]
resident concern about a male nurse.
Further record review of the facility Abuse and Neglect log for November 2022 did not reflect Resident
#17's allegation.
On 11/29/2022 at 2:04 p.m. an interview was conducted with the Nursing Home Administrator (NHA)
related to Resident #17's allegation. The Nursing Home Administrator said the person the staff would
contact would be him and the Director of Nursing (DON). Related to Resident #17's allegation, the NHA
stated, No one called me on Thanksgiving Day.
On 11/29/2022 at 2:26 p.m. a phone interview was conducted with the facility's Medical Director (MD), who
confirmed he knew Resident #17 and saw her on 11/24/2022 between 7:00 a.m. and 8:30 a.m. He said she
appeared agitated and told him that morning she had been wet and soiled. She said a nurse had cleaned
her and that it was a male nurse. She said she didn't want a male nurse. The MD said the facility always
honors resident preferences. He stated, That really troubled him. The MD said Resident #17 told him, A
man wiped and cleaned me against my wishes. It was a male. I can't have males down there. She stated,
He changed me, and he was not supposed to. I told him to stop, and he just kept going. The MD said she
was agitated and asked not to be cleaned as he kept cleaning her and said she felt violated. The MD said
he asked the resident if it was okay if he examined her. She told me that was different. The MD stated this
was very concerning to him, and he immediately said something to nursing leadership. He said he was
100% confident he spoke to the nurse. The MD stated he reported to the charge nurse (Staff A) We have a
potential situation here. The MD went on to state, I told them they had an issue that needed to be escalated
to the Director of Nursing. The MD said the nurse (Staff A) confirmed to him that it would be escalated. He
said he documented it and instructed the charge nurse (Staff A) to document it. He said he was told they
were working on it and thought he heard them say the Director of Nursing was coming in. The MD stated,
We have rules about this, no means no. When asked about his expectation he stated, Reporting is
expected to be done. He confirmed this is the only facility he goes to, and he is the facility's Medical
Director. The MD confirmed on 11/24/2022 Resident #17 was not doing well and said the resident was
outside of her normal demeanor. He was informed the survey team was not able to locate documentation of
Resident #17's allegation. The MD indicated he was surprised of this and repeated, They said they were
going to escalate it.
On 11/29/2022 at 2:35 p.m. an interview was conducted with the DON on the incident that occurred on
11/24/2022. The DON said she was aware the Medical Director spoke to Staff A (Licensed Practical Nurse)
about his concern related to Resident #17. The DON said she was scheduled to work that day and she
received a phone call from Staff A. She said at that time she was already in route to the
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 5 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
facility. The DON said after she arrived at the facility she spoke to Staff A. The DON stated, [Staff A] told me
that everything was fixed. She said Staff A stated that She had rearranged the aide assignment and had
spoken to the resident. The resident was okay with the schedule change that no male aide would be
providing her care. The DON denied she started a grievance. She denied she spoke to the resident. The
DON stated, It was just a patient preference, and it was taken care of.
On 11/29/2022 at 2:50 p.m. Staff C, Certified Nursing Assistant (CNA) was observed walking in the middle
hallway. He stopped in the middle hall and then suddenly turned back around. As he turned, he was noted
looking inside of the rooms. One of the rooms he looked into belonged to Resident #17. He then began to
walk towards the nursing station. At that time, he was asked if he had time for an interview. He indicated a
new admission had arrived, and he had a few minutes. Staff C, CNA said he had been a certified nursing
assistant for thirteen years and only works at this facility. Staff C denied he worked the morning of
Thanksgiving Day (11/24/2022). He said he worked the night shift on 11/23/2022, but then confirmed the
shift ended on the morning of the 11/24/2022. Staff C said he knew Resident #17 and denied he assisted
her with her incontinent care in the morning. He stated, I worked on the long hall and [Resident #17] did not
reside on that hall. He then stated, I never worked with her. Staff C was asked to look at his documentation
dated 11/24/2022. He looked at the report and confirmed he had documented in Resident #17's record
which reflected bladder continence care had been provided on 11/24/2022 at 2:56 a.m. Staff C denied
anyone spoke to him about an incident and went on to say he did not remember taking care of the resident
and did not recall any objections or problems during the care. He did not recall the resident telling him she
did not want a male to care for her. He then added I had taken care of her before. He said no one told him
not to take care of her anymore. Staff C said typically, if someone would say they have preferences they
don't assign the male aide to the room. He said there are no residents, that he is aware of, who do not want
a male to take care of them. He said if there was one, he would get a female aide. Staff C confirmed he
worked at the facility yesterday 11/28/2022 and assisted with new admissions. On 11/29/2022 at 3:22 p.m.
an interview was conducted with the NHA who stated, No one knew she didn't want a male until
Thanksgiving Day. He said, The aide is in the DON office right now and is being suspended.
On 11/29/2022 at 3:14 p.m. an interview was conducted with the Social Service Director (SSD). She said
she talked to the resident today (11/29/2022) and asked her if anything happened. The SSD said, She told
me a couple days ago; a male aide came in to change her and she did not want him to change her. She
said she cried and told the doctor, who told the nurse. The resident said she hadn't had a male aide since.
The SSD said the resident reported that nothing inappropriate happened. The SSD said the resident's
family member was in the room during that time and stated years ago she had a bad encounter with a male
aide, stating, It happened somewhere else. The SSD said the resident said she has not had any male
caregivers giving her care since the incident happened. She indicated on Thursday (11/24/2022) the
resident's care plan had been updated to reflect no male aides. The SSD confirmed a grievance form was
not filed. When asked what her expectation was, she stated I expect a male aide would stop and get a
female. The NHA was present at the time of the interview and stated, Any concerns should be documented,
and a grievance should be filed. He confirmed it was not transferred to paper and did not know why.
On 11/29/2022 at 3:40 p.m. the NHA provided a copy of a form titled, Administrative Leave, dated
11/29/2022, Suspended pending abuse allegation that revealed Staff C's, CNA name.
On 11/30/2022 at 12:25 p.m. a phone interview was conducted with Staff A, Licensed Practical Nurse
(LPN). She confirmed she worked on 11/24/2022 and received a verbal report from the Medical Director.
She stated, The MD came to me between 8:30 am and 9:30 a.m. and told me there was an issue that
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 6 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
needed to be taken care of. He stated to me that [Resident #17] was very upset because she had been
raped. I said, excuse me, did you say rape? He stated Yes. He said she used the word rape. Staff A stated,
The MD told me he needed it handled right away. The MD said [Resident #17] told the male staff to stop.
Staff A, LPN said she spoke to the resident and that she (Resident #17) said she was okay. I asked her, Do
you want me to do anything different. She said that Resident #17 said, I'm fine I just don't want a male
taking care of me. I do not want a male touching me down there. I told her that no male aide will take care
of her and it will be in her plan of care. Continuing, Staff A stated, She told me that she wanted to be left
alone, she did not want to be bothered. When asked what type of assessment was performed, she
indicated a set of vital signs, and she observed the resident and did not see any bruising to her face or
hands. Staff A confirmed she did not perform a full skin assessment. She said Resident #17's demeanor
appeared calm, saying she was not disheveled, was alert and oriented, and her mood appeared okay. Staff
A said it was her first time working with the resident. Staff A said the DON was in the building between 9:00
a.m. and 9:30 a.m. stating, I told her that the Medical Director had concerns and the resident said she felt
as though she was raped. The DON said he does not like it when people throw that word around. Staff A
said, I also told her that I had spoken to the [family member]. I told her the concerns of the resident not
wanting a male aide. The [family member] said I don't know why she is like that lately but thank you for
letting me know. Staff A continued, I additionally called the Risk Manager, who is also the Assistant Director
of Nursing (ADON) and left her a message. Staff A said later that day she spoke to the ADON, and I told
her I had informed the DON. Staff A said the DON told her she would handle it and take care of it. Staff A
stated, The ADON had asked if I documented it, I told her the DON had said she would take care of it. Staff
A denied seeing the DON going to the resident room after she had given her the report. Staff A confirmed
she received abuse training in April 2022. She said, If someone alleges rape, we are to inform the parties
that are involved, and that is what I did. If a resident alleges any form of abuse, the expectation is to call the
hotline. Staff A stated she Figured the DON was handling it because she was here.
On 11/30/2022 at 1:08 p.m. an interview was conducted with the ADON, who is the facility's Risk Manager
(RM). She said she was not at the facility on Thanksgiving Day. She confirmed she received a call from
Staff A, LPN in the morning, but did not answer the phone. The ADON said she called back later that
afternoon and spoke to Staff A who told her a patient had a male CNA and didn't want a male CNA. The
RM said, [Staff A] said the doctor had concerns. She told me that the DON was going to take care of it. The
DON was at the facility and was taking care of it. The RM confirmed she deals with abuse and neglect
allegations. Stating, It is a team process. When asked what she would do, she said she would not assign a
male to the room, and she would go to the patient and see what her concerns were. She stated, I would
want to know why she doesn't want a male. She said, I would investigate by starting the grievance process.
I would speak to the resident to determine what had happened. She confirmed, An allegation of rape is
immediately called in. The RM said part of her process would be to call the abuse hotline and perform a
skin assessment of the resident. She went on to say, I would start a paper trail that would include witness
statements from staff. The RM said she is responsible for training and had started abuse and neglect
training yesterday (11/29/2022).
On 11/30/2022 at 1:27 p.m. an interview was conducted with the Interim Director of Nursing (IDON). She
said due to the investigation, she was asked last night around 6:00 p.m. if she could take the interim
position. The IDON said the DON was aware of the incident and did not notify the NHA or start the abuse
protocol. The IDON said Staff A was directly involved on that day and she was the one the doctor talked to.
Staff A was informed by the doctor who used the word rape. Staff A
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 7 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
then informed the DON of the doctor's statement. The IDON said if this had been reported to her, she would
like to know first-hand information. She said it takes only a minute to see the patient and talk to the patient.
The IDON stated, She would want firsthand information. She would have conducted an interview and would
have assessed the patient. She would investigate why a resident wouldn't want a particular staff in the
room.
On 11/30/2022 at 1:41 p.m. an interview was conducted with Staff D, CNA. She confirmed she worked on
Thanksgiving Day. She said she went into Resident #17's room with Staff A, LPN while she was gathering
some bags. She said she overheard Resident #17 wanted a female instead of a male aide. Staff D said she
had never mentioned that before, and had never mentioned anything about her past. Staff D said the
resident seemed emotional and was upset a little. Staff D stated, She was telling the nurse she prefers a
female over a male aide. Felt more comfortable with a female. Staff D said, I have taken care of her since
then and has seemed normal since that day. Staff D continued, Later that same day a little after breakfast
the resident told me that she had told the male aide she wanted a female, and said he kept going. She said
she was crying and that she didn't want a male. She wanted a female. She said he just kept going. He just
kept cleaning her and he kept going. She said the resident stated, You are a female like me would you want
a male changing you. Staff D said the resident said she can't protect herself if something happens because
she is an elderly old lady. Staff D said she did not notice any bruising and that she didn't seem frightened.
Staff D said she told another aide (Staff E, CNA). Staff D said Resident #17 is alert and oriented and not
forgetful or confused.
On 11/30/2022 at 2:00 p.m. an interview was conducted with Staff E, CNA and she confirmed she worked
on 11/24/2022 -Thanksgiving Day and knows Resident #17 stating, I take care of her all the time. She said
she could not recall if the resident had voiced a concern to her about not having a male caregiver. She said
on 11/24/2022 she was in Resident #17's room caring for her roommate when Staff A, LPN entered the
room. Staff E said she could overhear Staff A ask Resident #17 if she preferred a female and Resident #17
responded, Yes. Staff E said she heard Staff A say, OK we won't have a male taking care of you. Staff E
said Resident #17 was upset, she looked like she was just not happy. Staff E said on that day she noticed
the resident was a little different and was upset. She did not verbalize to me what happened. Staff E said
she remembered her and her roommate at the time both verbally said they didn't want a male in the room.
Resident #17's roommate was discharged that day adding that she was an older resident also. She said
Resident #17 was very alert. Staff E said most of the residents that are here are here for therapy and then
go home. She noticed more of the women in therapy prefer not to have men in the room. Staff E said she
talked to Staff C before, who is a male aide, about it and wanted to switch assignments. She said I told Staff
C, CNA some of the women just don't feel comfortable with a man taking care of them. Staff C said she did
not recall when it conversation occurred.
On 11/30/22 at 3:12 p.m. an interview was conducted with Resident #17's family member who is her
documented emergency contact. The family member said she visits the resident daily, and when she is not
there another family member is. She stated, [Resident#17] and I are very close.
The family member confirmed on 11/24/2022 she received a phone call from the facility nurse, Staff A. She
said there was an incident that happened when (Resident #17) was being changed by a male CNA. She
said [Resident #17] was very upset and had been crying all morning. Staff A, LPN had assured her
[Resident #17] was okay, but she was upset because she did not want him to do it. The family member said
she also spoke to the resident who told her the CNA was Staff C. The family member said on 10/26/2022
Staff C performed the resident's admission intake stating, We both remembered him. She said she told
Staff C that she wanted a female caregiver for [ Resident #17], and he stated, Oh that's
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 8 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
right you do not want a man to change you . The family member stated, He knew she did not want men
providing her care. The family member said, I told [Resident #17] he did not care if she preferred female
caregivers. Continuing, the family member stated, [Resident #17]said on 11/24/2022 [Staff C] told her if she
did not let him change her brief then she had to wait until shift change. [Resident #17] told him fine. I will
wait. [Resident #17] said then all of a sudden, he pulled her gown and continued to change her. She said
she tried to reach for the buzzer to call staff and she could not reach it because he had moved the blanket
to the side. The family member stated, [Resident #17] kept saying No but he would not listen. [Resident
#17] told me she said she felt violated, it was her dignity and that she felt helpless. She said [Resident #17]
thought she had a right not to have this man touching her. She said [Resident #17] did say she was not
touched inappropriately but she did not want him providing care. The family member stated, The resident
told her the doctor came in her room that morning and she was crying. [Resident #17] told me she had told
him what had happened. The family member stated a couple weeks prior she spoke to Staff F, LPN a nurse
who was working the weekend. He told me [Resident #17] said she did not want male staff providing her
care. The family member stated that she shared with Staff F the resident's prior trauma, stating, [Resident
#17] was married young, and her husband was very abusive. She said Staff F appeared uncomfortable
when he heard her concerns. He said he would make note of it. The family member stated, He said word for
word there was no reason why we can't make that accommodation here. This conversation happened a
couple weeks prior to the incident. The family member said, [Resident #17] has always been independent
and was in her right mind . and to have someone mock her feelings . saying oh yeah you are the one who
doesn't want male caregivers, he was very condescending. The family member stated she did not realize
the CNA would be like that with her. The family member reiterated the resident had past trauma related to
being in an abusive marriage. She stated, Him forcing her during care caused her to be upset. The family
member confirmed the resident had mentioned she did not feel comfortable with male caregivers several
times to staff and to her.
The family member confirmed she received a phone call from the DON on 11/29/2022 and stated, I was
frustrated. She alleged that this was the first time she had been notified of the resident's preference. I asked
the DON why this was not in her record . Why was it not reported? . Why wasn't there an incident report?
The family member said, It bothers me. Where there is smoke there is fire. If they are working that hard to
cover it up, what else are they hiding? What about residents who cannot speak for themselves? The family
member said when she spoke with [Resident#17], she stated she was not going to allow this to happen.
She felt helpless. She was crying. Resident #17 said, I told him to stop, and he ignored my request. The
family member stated she felt Resident #17 was safe but was scared about the repercussions. She said,
Even if that male caregiver is not here, he has his buddies. I just want [Resident #17] to be safe. The family
member confirmed when Resident #17 was admitted [DATE] she informed Staff C, CNA of the resident's
gender preference for care.
On 11/30/2022 at 4:01 p.m. an interview was conducted with the NHA. He stated Staff C, CNA was
interviewed on 11/29/2022. Staff C said he was providing care to Resident #17 on Thanksgiving morning
and that she did not want him to do it, she kept saying No. He stated he felt he did not want to leave her
without clothes on and wanted to make sure she was dry. The NHA stated they identified an educational
opportunity. The NHA said, I let him know he should have left her, honor her request and let the nurse
know. The NHA stated they initiated education and suspended the CNA.
On 12/01/2022 at 11:27 a.m. a phone interview was conducted with Staff F, LPN. Staff F said he knew
Resident #17 and indicated he worked on her unit a few times. He said he recalled speaking with the
resident and her [family member]. He said he went into the room to inform the [family member] and the
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 9 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
resident he had requested orders from the physician. He said they identified she had blood in her brief, and
he was concerned about a gastroesophageal bleed. Staff F said when he was in the room the [family
member] told him Resident #17 had a very abusive husband. She said she did not want any male aides to
go in her room. Staff F could not recall the exact day of the conversation but stated, It was on the same day
I received the order for the STAT (immediately) blood work. Staff F continued and said after he was
informed by the [family member] of the resident's preference, he stated, I informed [Staff G Registered
Nurse (RN)] the weekend supervisor about it right away. He said he then added it to the on shift report. He
said the weekend reports are addressed on Monday mornings and indicated at that time the resident's care
plan would be updated. Staff F denied he documented anything in Resident #17's medical record related to
the conversation related to the resident's preference on the gender of caregivers.
Medical record review revealed on 11/13/2022 Staff F, LPN requested and received orders for Resident #17
for a complete blood count (CBC) due to bright red blood in brief. Thus, indicating the facility staff were
notified 12 days prior of the resident's gender preference on caregivers.
On 12/02/2022 at 9:51 a.m. a return phone call was received from Staff G, RN Weekend Supervisor. Staff
G said she heard about the allegation of abuse a couple of days ago when she was called and asked for a
statement. She said, I did not know anything about the patient and was unaware of a patient preference
related to not wanting a male aide. Staff G stated she did not recall Staff F, LPN telling her about a
resident's preference for a caregiver. She denied she was notified. She stated, [Staff F LPN] does not let
me know about his residents. She added last Saturday, 11/26/2022, at the nursing station, I had heard the
aides, [Staff F] and [Staff A] talking about someone did not want a male aide. They did not mention the
patient's name.
Review of the facility policy titled, Abuse Prevention Program, dated 2017, showed 2. Orientation and
Training of Employees b. To assist in identification of abuse, the following definitions of abuse are provided
during training: Abuse is defined as the willful infliction of injury; unreasonable confinement; intimidation;
punishment with resulting of physical harm, pain, or mental anguish; or deprivation by an individual,
including a caretaker, of good or services that are necessary to attain or maintain physical, mental, and
psychosocial well-being. Verbal abuse is defined as any use of oral, written, or gestured language that
willfully includes disparaging and derogatory terms to residents or their families, or within their hearing
distance, to describe residents, regardless of their age, ability to comprehend, or disability. Sexual abuse is
defined as, but not limited to, sexual harassment, sexual coercion, or sexual assault. 3. Preventing Resident
Abuse- Establish a Resident Sensitive Environment: This Community desires to prevent abuse, neglect, or
misappropriation of property by establishing a resident sensitive and resident secure environment. This will
be accomplished by a comprehensive quality management approach including the following: 4. Concern
Identification and Follow-up: Resident and family concerns will be recorded, reviewed, addressed, and
responded to using the community's concern identification procedures. Residents and families will be
informed of the community's concern identified. 6. Resident Assessment: as part of the resident social
history evaluation and MDS assessments, staff will identify residents with increased vulnerability for abuse,
neglect, mistreatment, or who have needs and behaviors that might lead to conflict. 9. Identification of
Allegation and Internal Reporting Requirements: Employees are required to report any incident, allegation,
or suspicion of potential abuse, neglect, or misappropriation of property they observe, hear about, or
suspect immediately to the administrator or the person in charge of the community, acting on behalf of the
administrator, or an immediate supervisor who then must immediately report it to the administrator. If a
crime, particularly involving physical or sexual abuse, is suspected, it must be reported to the State
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 10 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0600
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Survey Agency and local law enforcement under the following time frames All others -not later than 24
hours after forming the suspicion. Supervisors will immediately inform the administrator or in the absence of
the administrator, the person in charge of the community, of all reports of incidents, allegations, or suspicion
of potential abuse neglect or misappropriation of property. Upon learning of the report the administrator, or
in the absence of the administrator, the person in charge of the community will initiate an incident
investigation. 9. Protection of Residents: Employees of this community who have been accused of abuse,
neglect, or mistreatment will be immediately suspended until the results of the investigation have been
reviewed by the administrator or designee. 10. Investigation of Abuse, Neglect, or Misappropriation
Allegation and Response: a. All incidents will be documented, whether or not abuse occurred, was alleged
or suspected. B. Any incident or allegation involving abuse, neglect, or misappropriation will result in an
abuse investigation. D. Following Abuse Investigation Procedures: The appointed investigator will follow the
Abuse Investigation Procedures identified in this policy. Confidentiality: the investigator will do as much as
possible to protect the identities of any employees and residents involved in the investigation, until the
investigation is concluded. F. Updates to the Administrator: The person in charge of the investigation will
update the administrator or designee during the progress of the investigation. The administrator or designee
will keep the resident or resident representative informed of the progress of the investigation. G. Final
Abuse Investigation Report: The investigator will report the conclusions of the investigation in writing to the
administrator or designee within five working days of the reported incident. 11. Reporting of Potential Abuse
a. Initial Reporting of Allegations: Any allegations of abuse will be reported to the Administrator immediately
and to the State Department of Health and the resident's representative as so[TRUNCATED]
Event ID:
Facility ID:
105744
If continuation sheet
Page 11 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0609
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
Timely report suspected abuse, neglect, or theft and report the results of the investigation to proper
authorities.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
record review, interviews with the Nursing Home Administrator, the Director of Nursing, nursing staff, the
resident's physician, and review of clinical and medical records, policies, and procedures, it was determined
the facility failed to provide a systematic process to ensure residents were free from abuse and trauma for
one resident (#17) of two residents reviewed for abuse by failing to report an allegation of abuse within the
required timeframes to the required state agencies and authorities.
On 11/24/2022 around 2:56 a.m. Resident #17 told Staff C, Certified Nursing Assistant (CNA) to stop
performing incontinent care. The staff member refused to stop after being told multiple times no.
On 11/24/2022 between 7:00 a.m. and 8:30 a.m. the Medical Director (MD) informed Staff A, Licensed
Practical Nurse (LPN) that Resident #17 stated, I was raped after telling a male aide no.
On 11/24/2022 between 9:00 a.m. and 9:30 a.m. the Director of Nursing (DON) was informed of the
allegation and failed to follow the facility policy and procedure on abuse and neglect investigation and
reporting.
Reports to the required abuse hotline showed the facility reported the verbal incident on 11/29/2022. The
facility suspended two staff members (Staff C and Director of Nursing) on 11/29/2022.
This failure resulted in the determination of Immediate Jeopardy starting on 11/24/2022. The findings of
Immediate Jeopardy were determined to be removed on 12/02/2022 after verification of the implementation
of removal action(s). The scope and severity was reduced to a D (no actual harm with potential for more
than minimal harm).
Findings included:
Cross reference F600, F610, F699, and F835
Review of the facility policy titled, Abuse Prevention Program, dated 2017, documented: 2. Orientation and
Training of Employees b. To assist in identification of abuse, the following definitions of abuse are provided
during training: Abuse is defined as the willful infliction of injury; unreasonable confinement; intimidation;
punishment with resulting of physical harm, pain or mental anguish; or deprivation by an individual,
including a caretaker, of good or services that are necessary to attain or maintain physical, mental, and
psychosocial well-being. Verbal abuse is defined as any use of oral, written or gestured language that
willfully includes disparaging and derogatory terms to residents or their families, or within their hearing
distance, to describe residents, regardless of their age, ability to comprehend, or disability. Sexual abuse is
defined as, but not limited to, sexual harassment, sexual coercion, or sexual assault. 3. Preventing Resident
Abuse- Establish a Resident Sensitive Environment: This Community desires to prevent abuse, neglect, or
misappropriation of property by establishing a resident sensitive and resident secure environment. This will
be accomplished by a comprehensive quality management approach including the following: 4. Concern
Identification and Follow-up: Resident and family concerns will be recorded, reviewed, addressed, and
responded to using the community's concern identification procedures. Residents and families will be
informed of the community's concern identified. 6. Resident Assessment: as part of the resident social
history evaluation and MDS (minimum data set) assessments, staff will identify residents with increased
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 12 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0609
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
vulnerability for abuse, neglect, mistreatment, or who have needs and behaviors that might lead to conflict.
9. Identification of Allegation and Internal Reporting Requirements: Employees are required to report any
incident, allegation, or suspicion of potential abuse, neglect, or misappropriation of property they observe,
hear about, or suspect immediately to the administrator or the person in charge of the community, acting on
behalf of the administrator, or an immediate supervisor who then must immediately report it to the
administrator. If a crime, particularly involving physical or sexual abuse, is suspected, it must be reported to
the State Survey Agency and local law enforcement under the following time frames All others - not later
than 24 hours after forming the suspicion. Supervisors will immediately inform the administrator or in the
absence of the administrator, the person in charge of the community, of all reports of incidents, allegations,
or suspicion of potential abuse neglect or misappropriation of property. Upon learning of the report, the
administrator, or in the absence of the administrator, the person in charge of the community will initiate an
incident investigation. 9. Protection of Residents: Employees of this community who have been accused of
abuse, neglect, or mistreatment will be immediately suspended until the results of the investigation have
been reviewed by the administrator or designee. 10. Investigation of Abuse, Neglect, or Misappropriation
Allegation and Response: A. All incidents will be documented, whether or not abuse occurred, was alleged
or suspected. B. Any incident or allegation involving abuse, neglect, or misappropriation will result in an
abuse investigation. D. Following Abuse Investigation Procedures: The appointed investigator will follow the
Abuse Investigation Procedures identified in this policy. Confidentiality: the investigator will do as much as
possible to protect the identities of any employees and residents involved in the investigation, until the
investigation is concluded. F. Updates to the Administrator: The person in charge of the investigation will
update the administrator or designee during the progress of the investigation. The administrator or designee
will keep the resident or resident representative informed of the progress of the investigation. G. Final
Abuse Investigation Report: The investigator will report the conclusions of the investigation in writing to the
administrator or designee within five working days of the reported incident. 11. Reporting of Potential Abuse
a. Initial Reporting of Allegations: Any allegations of abuse will be reported to the Administrator immediately
and to the State Department of Health and the resident's representative as soon as possible within 24
hours. For reporting unusual occurrences or reasonable suspensions of a crime against a resident to the
Department of Health, the community will utilize the incident report form provided by the Department. B.
Five-day Final Abuse Investigation Report: Within five working days after the report of the occurrence, a
complete written report of the conclusion of the investigation, including the steps the community has taken
in response to the allegations, will be sent to the department of health.
On 11/29/2022 at 12:10 p.m. an interview was conducted with Resident #17. She was observed from the
hallway lying in bed wearing a hospital gown. She made eye contact and was receptive to an interview.
When the resident was asked if she was treated with respect and dignity, she stated, A male aide (Staff C)
started to perform incontinent care; I told him no. I told them (Staff C and D) before I only wanted females to
care for me. But he proceeded to change my brief anyway. I told him no. At that time, she made eye contact
with the surveyor and stated, No means no. She said she had cried and cried no, but he wouldn't stop. She
stated, I felt like I was raped. When asked if she told anyone she stated, I told my doctor, and my doctor told
them. She said it had occurred just a couple of days ago. She said she has not seen the male nurse since,
but, she continued, I see those men walking past my room and looking in. They're just walking by with
nothing to do. At that time the resident lowered her head slightly and stated, I don't want to answer any
more questions. Resident #17's bed
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 13 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0609
was positioned by the door and when the door is open, she is able see into the hallway.
Level of Harm - Immediate
jeopardy to resident health or
safety
Review of Resident #17's admission Minimum Data Set (MDS), dated [DATE], Section C Cognitive Patterns
showed the Brief Interview for Mental Status (BIMS) score coded as a 14. The code of 14 indicated
cognitively intact. Further review of the MDS, Section G Functional Status showed toilet use coded as the
number 3. The number 3 reflected extensive assistance. Support needed for toilet use mobility was coded
as a 2 and indicated one-person physical assist.
Residents Affected - Few
Review of the Medical Director's progress note, dated 11/24/2022 at 9:18 a.m., revealed S: [subjective]
resident concern about a male nurse.
Further record review of the facility Abuse and Neglect log for November 2022 did not reflect Resident
#17's allegation.
On 11/29/2022 at 2:04 p.m. an interview was conducted with the Nursing Home Administrator (NHA)
related to Resident #17's allegation. The Nursing Home Administrator said the person the staff would
contact would be him and the Director of Nursing (DON). Related to Resident #17's allegation, the NHA
stated, No one called me on Thanksgiving Day.
On 11/29/2022 at 2:26 p.m. a phone interview was conducted with the facility's Medical Director (MD), who
confirmed he knew Resident #17 and saw her on 11/24/2022 between 7:00 a.m. and 8:30 a.m. He said she
appeared agitated and told him that morning she had been wet and soiled. She said a nurse had cleaned
her and that it was a male nurse. She said she didn't want a male nurse. The MD said the facility always
honors resident preferences. He stated, That really troubled him. The MD said Resident #17 told him, A
man wiped and cleaned me against my wishes. It was a male. I can't have males down there. She stated,
He changed me, and he was not supposed to. I told him to stop, and he just kept going. The MD said she
was agitated and asked not to be cleaned as he kept cleaning her and said she felt violated. The MD said
he asked the resident if it was okay if he examined her. She told me that was different. The MD stated this
was very concerning to him, and he immediately said something to nursing leadership. He said he was
100% confident he spoke to the nurse. The MD stated he reported to the charge nurse (Staff A) We have a
potential situation here. The MD went on to state, I told them they had an issue that needed to be escalated
to the Director of Nursing. The MD said the nurse (Staff A) confirmed to him that it would be escalated. He
said he documented it and instructed the charge nurse (Staff A) to document it. He said he was told they
were working on it and thought he heard them say the Director of Nursing was coming in. The MD stated,
We have rules about this, no means no. When asked about his expectation he stated, Reporting is
expected to be done. He confirmed this is the only facility he goes to, and he is the facility's Medical
Director. The MD confirmed on 11/24/2022 Resident #17 was not doing well and said the resident was
outside of her normal demeanor. He was informed that the survey team was not able to locate
documentation of Resident #17's allegation. The MD indicated he was surprised of this and repeated, They
said they were going to escalate it.
On 11/29/2022 at 2:35 p.m. an interview was conducted with the DON on the incident that occurred on
11/24/2022. The DON said she was aware the Medical Director spoke to Staff A (Licensed Practical Nurse)
about his concern related to Resident #17. The DON said she was scheduled to work that day and she
received a phone call from Staff A. She said at that time she was already in route to the facility. The DON
said after she arrived at the facility she spoke to Staff A. The DON stated, [Staff A] told me that everything
was fixed. She said Staff A stated that She had rearranged the aide assignment and had spoken to the
resident. The resident was okay with the schedule change that no male aide would be providing her care.
The DON denied she started a grievance. She denied she spoke to the
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 14 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0609
resident. The DON stated, It was just a patient preference, and it was taken care of.
Level of Harm - Immediate
jeopardy to resident health or
safety
On 11/29/2022 at 2:50 p.m. Staff C, Certified Nursing Assistant (CNA) was observed walking in the middle
hallway. He stopped in the middle hall and then suddenly turned back around. As he turned, he was noted
looking inside of the rooms. One of the rooms he looked into belonged to Resident #17. He then began to
walk towards the nursing station. At that time, he was asked if he had time for an interview. He indicated a
new admission had arrived, and he had a few minutes. Staff C, CNA said he had been a certified nursing
assistant for thirteen years and only works at this facility. Staff C denied he worked the morning of
Thanksgiving Day (11/24/2022). He said he worked the night shift on 11/23/2022, but then confirmed the
shift ended on the morning of the 11/24/2022. Staff C said he knew Resident #17 and denied he assisted
her with her incontinent care in the morning. He stated, I worked on the long hall and [Resident #17] did not
reside on that hall. He then stated, I never worked with her. Staff C was asked to look at his documentation
dated 11/24/2022. He looked at the report and confirmed he had documented in Resident #17's record
which reflected bladder continence care had been provided on 11/24/2022 at 2:56 a.m. Staff C denied
anyone spoke to him about an incident and went on to say he did not remember taking care of the resident
and did not recall any objections or problems during the care. He did not recall the resident telling him she
did not want a male to care for her. He then added I had taken care of her before. He said no one told him
not to take care of her anymore. Staff C said typically, if someone would say they have preferences they
don't assign the male aide to the room. He said there are no residents, that he is aware of, who do not want
a male to take care of them. He said if there was one, he would get a female aide. Staff C confirmed he
worked at the facility yesterday 11/28/2022 and assisted with new admissions.
Residents Affected - Few
On 11/29/2022 at 3:22 p.m. an interview was conducted with the NHA who stated, No one knew she didn't
want a male until Thanksgiving Day. He said, The aide is in the DON office right now and is being
suspended.
On 11/29/2022 at 3:14 p.m. an interview was conducted with the Social Service Director (SSD). She said
she talked to the resident today (11/29/2022) and asked her if anything happened. The SSD said, She told
me a couple days ago; a male aide came in to change her and she did not want him to change her. She
said she cried and told the doctor, who told the nurse. The resident said she hadn't had a male aide since.
The SSD said the resident reported that nothing inappropriate happened. The SSD said the resident's
family member was in the room during that time and stated years ago she had a bad encounter with a male
aide, stating, It happened somewhere else. The SSD said the resident said she has not had any male
caregivers giving her care since the incident happened. She indicated on Thursday (11/24/2022) the
resident's care plan had been updated to reflect no male aides. The SSD confirmed a grievance form was
not filed. When asked what her expectation was, she stated, I expect a male aide would stop and get a
female. The NHA was present at the time of the interview and stated, Any concerns should be documented,
and a grievance should be filed. He confirmed it was not transferred to paper and did not know why.
On 11/29/2022 at 3:40 p.m. the NHA provided a copy of a form titled, Administrative Leave, dated
11/29/2022, Suspended pending abuse allegation that revealed Staff C's, CNA name.
On 11/30/2022 at 12:25 p.m. a phone interview was conducted with Staff A, Licensed Practical Nurse
(LPN). She confirmed she worked on 11/24/2022 and received a verbal report from the Medical Director.
She stated, The MD came to me between 8:30 a.m. and 9:30 a.m. and told me there was an issue that
needed to be taken care of. He stated to me that [Resident #17] was very upset because she had been
raped. I said, Excuse me, did you say rape? He stated Yes. He said she used the word rape. Staff A
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 15 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0609
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
stated, The MD told me he needed it handled right away. The MD said [Resident #17] told the male staff to
stop. Staff A, LPN said she spoke to the resident and that she (Resident #17) said she was okay. I asked
her, Do you want me to do anything different. She said that Resident #17 said, I'm fine I just don't want a
male taking care of me. I do not want a male touching me down there. I told her that no male aide will take
care of her and it will be in her plan of care. Continuing, Staff A stated, She told me that she wanted to be
left alone, she did not want to be bothered. When asked what type of assessment was performed, she
indicated a set of vital signs, and she observed the resident and did not see any bruising to her face or
hands. Staff A confirmed she did not perform a full skin assessment. She said Resident #17's demeanor
appeared calm, saying she was not disheveled, was alert and oriented, and her mood appeared okay. Staff
A said it was her first time working with the resident. Staff A said the DON was in the building between 9:00
a.m. and 9:30 a.m. stating, I told her that the Medical Director had concerns and the resident said she felt
as though she was raped. The DON said he does not like it when people throw that word around. Staff A
said, I also told her that I had spoken to the [family member]. I told her the concerns of the resident not
wanting a male aide. The [family member] said I don't know why she is like that lately but thank you for
letting me know. Staff A continued, I additionally called the Risk Manager, who is also the Assistant Director
of Nursing (ADON) and left her a message. Staff A said later that day she spoke to the ADON, and I told
her I had informed the DON. Staff A said the DON told her she would handle it and take care of it. Staff A
stated, The ADON had asked if I documented it, I told her the DON had said she would take care of it. Staff
A denied seeing the DON going to the resident room after she had given her the report. Staff A confirmed
she received abuse training in April 2022. She said, If someone alleges rape, we are to inform the parties
that are involved, and that is what I did. If a resident alleges any form of abuse, the expectation is to call the
hotline. Staff A stated she, Figured the DON was handling it because she was here.
On 11/30/2022 at 1:08 p.m. an interview was conducted with the ADON, who is the facility's Risk Manager
(RM). She said she was not at the facility on Thanksgiving Day. She confirmed she received a call from
Staff A, LPN in the morning, but did not answer the phone. The ADON said she called back later that
afternoon and spoke to Staff A who told her a patient had a male CNA and didn't want a male CNA. The
RM said, [Staff A] said the doctor had concerns. She told me that the DON was going to take care of it. The
DON was at the facility and was taking care of it. The RM confirmed she deals with abuse and neglect
allegations. Stating, It is a team process. When asked what she would do, she said she would not assign a
male to the room, and she would go to the patient and see what her concerns were. She stated, I would
want to know why she doesn't want a male. She said, I would investigate by starting the grievance process.
I would speak to the resident to determine what had happened. She confirmed, An allegation of rape is
immediately called in. The RM said part of her process would be to call the abuse hotline and perform a
skin assessment of the resident. She went on to say, I would start a paper trail that would include witness
statements from staff. The RM said she is responsible for training and had started abuse and neglect
training yesterday (11/29/2022).
On 11/30/2022 at 1:27 p.m. an interview was conducted with the Interim Director of Nursing (IDON). She
said due to the investigation, she was asked last night around 6:00 p.m. if she could take the interim
position The IDON said the DON was aware of the incident and did not notify the NHA or start the abuse
protocol. The IDON said Staff A was directly involved on that day and she was the one the doctor talked to.
Staff A was informed by the doctor who used the word rape. Staff A then informed the DON of the doctor's
statement. The IDON said if this had been reported to her, she would like to know first-hand information.
She said it takes only a minute to see the patient and
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 16 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0609
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
talk to the patient. The IDON stated, She would want firsthand information. She would have conducted an
interview and would have assessed the patient. She would investigate why a resident wouldn't want a
particular staff in the room.
On 11/30/2022 at 1:41 p.m. an interview was conducted with Staff D, CNA. She confirmed she worked on
Thanksgiving Day. She said she went into Resident #17's room with Staff A, LPN while she was gathering
some bags. She said she overheard Resident #17 wanted a female instead of a male aide. Staff D said she
had never mentioned that before, and had never mentioned anything about her past. Staff D said the
resident seemed emotional and was upset a little. Staff D stated, She was telling the nurse she prefers a
female over a male aide. Felt more comfortable with a female. Staff D said, I have taken care of her since
then and has seemed normal since that day. Staff D continued, Later that same day a little after breakfast
the resident told me that she had told the male aide she wanted a female, and said he kept going. She said
she was crying and that she didn't want a male. She wanted a female. She said he just kept going. He just
kept cleaning her and he kept going. She said the resident stated, You are a female like me would you want
a male changing you. Staff D said the resident said she can't protect herself if something happens because
she is an elderly old lady. Staff D said she did not notice any bruising and that she didn't seem frightened.
Staff D said she told another aide (Staff E, CNA). Staff D said Resident #17 is alert and oriented and not
forgetful or confused.
On 11/30/2022 at 2:00 p.m. an interview was conducted with Staff E, CNA and she confirmed she worked
on 11/24/2022 -Thanksgiving Day and knows Resident #17 stating, I take care of her all the time. She said
she could not recall if the resident had voiced a concern to her about not having a male caregiver. She said
on 11/24/2022 she was in Resident #17's room caring for her roommate when Staff A, LPN entered the
room. Staff E said she could overhear Staff A ask Resident #17 if she preferred a female and Resident #17
responded, Yes. Staff E said she heard Staff A say, OK we won't have a male taking care of you. Staff E
said Resident #17 was upset, she looked like she was just not happy. Staff E said on that day she noticed
the resident was a little different and was upset. She did not verbalize to me what happened. Staff E said
she remembered her and her roommate at the time both verbally said they didn't want a male in the room.
Resident #17's roommate was discharged that day adding that she was an older resident also. She said
Resident #17 was very alert. Staff E said she talked to Staff C before, who is a male aide, about it and
wanted to switch assignments. She said I told Staff C, CNA some of the women just don't feel comfortable
with a man taking care of them. Staff C said she did not recall when it conversation occurred.
On 11/30/22 at 3:12 p.m. an interview was conducted with Resident #17's family member who is her
documented emergency contact. The family member said she visits the resident daily, and when she is not
there another family member is. She stated, [Resident#17] and I are very close. The family member
confirmed on 11/24/2022 she received a phone call from the facility nurse, Staff A. She said there was an
incident that happened when [Resident #17] was being changed by a male CNA. She said [Resident #17]
was very upset and had been crying all morning. Staff A, LPN had assured her [Resident #17] was okay,
but she was upset because she did not want him to do it. The family member said she also spoke to the
resident who told her the CNA was Staff C. The family member said on 10/26/2022 Staff C performed the
resident's admission intake stating, We both remembered him. She said she told Staff C that she wanted a
female caregiver for [Resident #17], and he stated, Oh that's right you do not want a man to change you .
The family member stated, He knew she did not want men providing her care. The family member said, I
told [Resident #17] he did not care if she preferred female caregivers. Continuing, the family member
stated, [Resident #17] said on 11/24/2022 [Staff C] told her if she did not let him change her brief then she
had to wait until shift change. [Resident #17] told him fine. I will
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 17 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0609
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
wait. [Resident #17] said then all of a sudden, he pulled her gown and continued to change her. She said
she tried to reach for the buzzer to call staff and she could not reach it because he had moved the blanket
to the side. The family member stated, [Resident #17] kept saying No but he would not listen. [Resident
#17] told me she said she felt violated, it was her dignity and that she felt helpless. She said [Resident #17]
thought she had a right not to have this man touching her. She said [Resident #17] did say she was not
touched inappropriately but she did not want him providing care. The family member stated, The resident
told her the doctor came in her room that morning and she was crying. [Resident #17] told me she had told
him what had happened. The family member stated a couple weeks prior she spoke to Staff F, LPN a nurse
who was working the weekend. He told me [Resident #17] said she did not want male staff providing her
care. The family member stated that she shared with Staff F the resident's prior trauma, stating, [Resident
#17] was married young, and her husband was very abusive. She said Staff F appeared uncomfortable
when he heard her concerns. He said he would make note of it. The family member stated, He said word for
word there was no reason why we can't make that accommodation here. This conversation happened a
couple weeks prior to the incident. The family member said, [Resident #17] has always been independent
and was in her right mind . and to have someone mock her feelings . saying oh yeah you are the one who
doesn't want male caregivers, he was very condescending. The family member stated she did not realize
the CNA would be like that with her. The family member reiterated the resident had past trauma related to
being in an abusive marriage. She stated, Him forcing her during care caused her to be upset. The family
member confirmed the resident had mentioned she did not feel comfortable with male caregivers several
times to staff and to her.
The family member confirmed she received a phone call from the DON on 11/29/2022 and stated, I was
frustrated. She alleged that this was the first time she had been notified of the resident's preference. I asked
the DON why this was not in her record . Why was it not reported? . Why wasn't there an incident report?
The family member said, It bothers me. Where there is smoke there is fire. If they are working that hard to
cover it up, what else are they hiding? What about residents who cannot speak for themselves? The family
member said when she spoke with [Resident#17], she stated she was not going to allow this to happen.
She felt helpless. She was crying. Resident #17 said, I told him to stop, and he ignored my request. The
family member stated she felt Resident #17 was safe but was scared about the repercussions. She said,
Even if that male caregiver is not here, he has his buddies. I just want [Resident #17] to be safe. The family
member confirmed when Resident #17 was admitted [DATE] she informed Staff C, CNA of the resident's
gender preference for care.
On 11/30/2022 at 4:01 p.m. an interview was conducted with the NHA. He stated Staff C, CNA was
interviewed on 11/29/2022. Staff C said he was providing care to Resident #17 on Thanksgiving morning
and that she did not want him to do it, she kept saying No. He stated he felt he did not want to leave her
without clothes on and wanted to make sure she was dry. The NHA stated they identified an educational
opportunity. The NHA said, I let him know he should have left her, honor her request and let the nurse
know. The NHA stated they initiated education and suspended the CNA.
On 12/02/2022 at 9:51 a.m. a return phone call was received from Staff G, RN Weekend Supervisor. Staff
G said she heard about the allegation of abuse a couple of days ago when she was called and asked for a
statement. She said, I did not know anything about the patient and was unaware of a patient preference
related to not wanting a male aide. Staff G stated she did not recall Staff F, LPN telling her about a
resident's preference for a caregiver. She denied she was notified. She stated, [Staff F LPN] does not let
me know about his residents. She added last Saturday, 11/26/2022, at the nursing station, I had heard the
aides, [Staff F] and [Staff A] talking about someone did not want a male aide. They did not mention
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 18 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0609
the patient's name.
Level of Harm - Immediate
jeopardy to resident health or
safety
Facility Actions to Remove Immediate Jeopardy included:
On 12/02/2022 at 4:45 p.m. a Removal Plan for F 609 was received which was verified and found to be
acceptable. (Photographic Evidence Obtained)
Residents Affected - Few
Review of the removal plan revealed:
December 2,2022 in response to Immediate Jeopardy concerns identified during re-licensure survey
F609* 11/29/22 -At around 1:30 p.m. Surveyor brought to NHA attention a potential allegation of abuse that
occurred on 11/24/2022 (Thanksgiving Day). Upon investigation, a physician progress note in [medical
software] stated that resident had concerns with potential male C.N.A., note dated 11/24/22.
* 11/29/22 investigation initiated; CNA suspended immediately pending investigation.
* Investigation revealed on 11/24/22 physician communicated with licensed nurse (LPN) that there was
potential issue occurring with a resident and to please escalate to clinical leadership. The LPN went
immediately and talked to the resident about her concerns. The resident stated that a male C.N.A. came in
to change her brief on 11-7 shift and she stated no and the C.N.A. proceeded, and she stated that No
mean no and didn't want a male C.N.A.
* That nurse then called the DCS around 10:30 a.m. on 11/24/22 and notified her of resident concerns.
* 11/29/22-At around 6:00 p.m. with the presence of the HRD and administrator the DCS was suspended
pending investigation due to failure to follow community reporting process pertain to abuse allegation.
* 11/29/22-Immediate was submitted to AHCA (Agency for Health Care Administration).
* 11/29/22 -Police notification
* 11/29/22 DCF notification
* On 11/29/2022 - Education was initiated with all staff by department leadership regarding Abuse, Neglect,
Exploitation & Misappropriation, recognizing and reporting abuse per community policy/resident right,
grievances and communication.
* 11/30/2022- Acting Director of Nursing interviewed residents that were cared for by the alleged
perpetrator.
* On 11/30/2022 Resident who made allegation was seen by the psychologist however declined visit. He is
to follow up week of 12/05/2022.
* On 11/30/2022 ADHOC QAPI was completed with the Medical Director, NHA, acting DON, QA nurse, Unit
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 19 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0609
Manager, SS, Clinical Re[TRUNCATED]
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 20 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0610
Respond appropriately to all alleged violations.
Level of Harm - Immediate
jeopardy to resident health or
safety
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
review of the medical record, incident logs, policy and procedure review, interviews with administration,
nursing staff, the resident's physician, and the resident and the resident's representative, it was determined
the facility failed to provide a systematic process to implement their abuse policy for one resident (#17) of
two residents reviewed for abuse.
Residents Affected - Few
The facility failed to thoroughly investigate to determine the root cause of a reported allegation of abuse
and failed to remove staff alleged to perpetrate the abuse to ensure the safety of the resident involved and
ensure all facility residents would remain safe from a similar incident.
On 11/24/2022 around 2:56 a.m. Resident #17 told Staff C, Certified Nursing Assistant to stop performing
incontinent care. The staff member refused to stop after being told multiple times no.
On 11/24/2022 between 7:00 a.m. and 8:30 a.m. the Medical Director informed Staff A, Licensed Practical
Nurse (LPN) that Resident #17 stated, I was raped after telling a male aide no.
On 11/24/2022 between 9:00 a.m. and 9:30 a.m. the Director of Nursing (DON) was informed of the
allegation and failed to follow the facility policy and procedure on abuse and neglect, investigation,
implement strategies to protect resident(s) and reporting.
It was confirmed through interview with Staff C, CNA and review of the working schedules that Staff C,
CNA continued to work at the facility on the 2:45 p.m. to 11:15 p.m. shift on 11/28/2022 and part of the
same shift on 11/29/2022.
Review of reports to the required abuse hotline showed the facility reported the incident on 11/29/2022 and
suspended two staff members (C and the Director of Nursing) on 11/29/2022. The investigation was not
carried out in a consistent and thorough manner.
This failure resulted in the determination of Immediate Jeopardy starting on 11/24/2022. The findings of
Immediate Jeopardy were determined to be removed on 12/02/2022 after verification of the implementation
of removal action(s). The scope and severity was reduced to a D (no actual harm with potential for more
than minimal harm).
Findings included:
Cross reference F600, F609, F699, and F835
On 11/29/2022 at 12:10 p.m. an interview was conducted with Resident #17. She was observed from the
hallway lying in bed wearing a hospital gown. She made eye contact and was receptive to an interview. She
said she was waiting to get dressed as she pulled at her hospital gown, and that she needed to get ready
for therapy. When the resident was asked if she was treated with respect and dignity, she stated, A male
aide (Staff C) started to perform incontinent care; I told him no. I told them (Staff C and D) before I only
wanted females to care for me. But he proceeded to change my brief anyway. I told him no. At that time, she
made eye contact with the surveyor and stated, No means no. She said she had cried and cried no, but he
wouldn't stop. She stated, I felt like I was raped. When asked if she told anyone she stated, I told my doctor,
and my doctor told them. She said it had occurred just a couple of days ago. She said she has not seen the
male nurse since, but, she continued, I see
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 21 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0610
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
those men walking past my room and looking in. They're just walking by with nothing to do. At that time the
resident lowered her head slightly and stated, I don't want to answer any more questions. Resident #17's
bed was positioned by the door and when the door is open, she is able see into the hallway.
Review of the facility Abuse and Neglect log for November 2022 did not reflect Resident #17's allegation.
Review of Resident #17's admission Minimum Data Set (MDS), dated [DATE], Section C Cognitive Patterns
showed the Brief Interview for Mental Status (BIMS) score coded as a 14. The code of 14 indicated
cognitively intact. Further review of the MDS, Section G Functional Status showed toilet use coded as the
number 3. The number 3 reflected extensive assistance. Support needed for toilet use mobility was coded
as a 2 and indicated one-person physical assist.
On 11/29/2022 at 2:35 p.m. an interview was conducted with the Director of Nursing (DON) on the incident
that occurred on 11/24/2022. The DON said she was aware the Medical Director spoke to Staff A (Licensed
Practical Nurse) about his concern related to Resident #17. The DON said she was scheduled to work that
day and she received a phone call from Staff A. The DON said after she arrived at the facility, she spoke to
Staff A. The DON stated, [Staff A] told me that everything was fixed. She said Staff A stated that She had
rearranged the aide assignment and had spoken to the resident. The resident was okay with the schedule
change that no male aide would be providing her care. The DON denied she started a grievance. She
denied she spoke to the resident. The DON stated, It was just a patient preference, and it was taken care
of.
On 11/29/2022 at 2:04 p.m. an interview was conducted with the Nursing Home Administrator (NHA)
related to Resident #17's allegation. The Nursing Home Administrator said the person the staff would
contact would be him and the Director of Nursing (DON). Related to Resident #17's allegation, the NHA
stated, No one called me on Thanksgiving Day.
Review of the Medical Director's progress note, dated 11/24/2022 at 9:18 a.m., revealed S: [subjective]
resident concern about a male nurse.
On 11/29/2022 at 2:26 p.m. a phone interview was conducted with the facility's Medical Director (MD), who
confirmed he knew Resident #17 and saw her on 11/24/2022 between 7:00 a.m. and 8:30 a.m. He said she
appeared agitated and told him that morning she had been wet and soiled. She said a nurse had cleaned
her and that it was a male nurse. She said she didn't want a male nurse. The MD said the facility always
honors resident preferences. He stated, That really troubled me. The MD said Resident #17 told him, A man
wiped and cleaned me against my wishes. It was a male. I can't have males down there. She stated, He
changed me, and he was not supposed to. I told him to stop, and he just kept going. The MD said she was
agitated and asked not to be cleaned as he kept cleaning her and said she felt violated. The MD said he
asked the resident if it was okay if he examined her. She told me that was different. The MD stated this was
very concerning to him, and he immediately said something to nursing leadership. He said he was 100%
confident he spoke to the nurse. The MD stated he reported to the charge nurse (Staff A) We have a
potential situation here. The MD went on to state, I told them they had an issue that needed to be escalated
to the Director of Nursing. The MD said the nurse (Staff A) confirmed to him that it would be escalated. He
said he documented it and instructed the charge nurse (Staff A) to document it. He said he was told they
were working on it and thought he heard them say the Director of Nursing was coming in. The MD stated,
We have rules about this, no means no. When asked about his expectation he stated, Reporting is
expected to be done. He confirmed this
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 22 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0610
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
is the only facility he goes to, and he is the facility's Medical Director. The MD confirmed on 11/24/2022
Resident #17 was not doing well and said the resident was outside of her normal demeanor. He was
informed the survey team was not able to locate documentation of Resident #17's allegation. The MD
indicated he was surprised of this and repeated, They said they were going to escalate it.
On 11/29/2022 at 3:14 p.m. an interview was conducted with the Social Service Director (SSD). She said
she talked to the resident today (11/29/2022) and asked her if anything happened. The SSD said, She told
me a couple days ago; a male aide came in to change her and she did not want him to change her. She
said she cried and told the doctor, who told the nurse. The resident said she hadn't had a male aide since.
The SSD said the resident reported that nothing inappropriate happened. The SSD said the resident's
family member was in the room during that time and stated years ago she had a bad encounter with a male
aide, stating, It happened somewhere else. The SSD said the resident said she has not had any male
caregivers giving her care since the incident happened. She indicated on Thursday (11/24/2022) the
resident's care plan had been updated to reflect no male aides. The SSD confirmed a grievance form was
not filed. When asked what her expectation was, she stated I expect a male aide would stop and get a
female. The NHA was present at the time of the interview and stated, Any concerns should be documented,
and a grievance should be filed. He confirmed it was not transferred to paper and did not know why.
On 11/29/2022 at 2:50 p.m. Staff C, Certified Nursing Assistant (CNA) was observed walking in the middle
hallway. He stopped in the middle hall and then suddenly turned back around. As he turned, he was noted
looking inside of the rooms. One of the rooms he looked into belonged to Resident #17. He then began to
walk towards the nursing station. At that time, he was asked if he had time for an interview. Staff C, CNA
said he had been a certified nursing assistant for thirteen years and only works at this facility. Staff C
denied he worked the morning of Thanksgiving Day (11/24/2022). He said he worked the night shift on
11/23/2022, but then confirmed the shift ended on the morning of the 11/24/2022. Staff C said he knew
Resident #17 and denied he assisted her with her incontinent care in the morning. He stated, I worked on
the long hall and [Resident #17] did not reside on that hall. He then stated, I never worked with her. Staff C
was asked to look at his documentation dated 11/24/2022. He looked at the report and confirmed he had
documented in Resident #17's record which reflected bladder continence care had been provided on
11/24/2022 at 2:56 a.m. Staff C denied anyone spoke to him about an incident and went on to say he did
not remember taking care of the resident and did not recall any objections or problems during the care. He
did not recall the resident telling him she did not want a male to care for her. He then added I had taken
care of her before. He said no one told him not to take care of her anymore. Staff C said typically, if
someone would say they have preferences they don't assign the male aide to the room. He said there are
no residents, that he is aware of, who do not want a male to take care of them. He said if there was one, he
would get a female aide. Staff C confirmed he worked at the facility yesterday 11/28/2022 and assisted with
new admissions.
On 11/29/2022 at 3:22 p.m. an interview was conducted with the NHA who stated, No one knew she didn't
want a male until Thanksgiving Day. He said, The aide is in the DON office right now and is being
suspended.
On 11/29/2022 at 3:40 p.m. the NHA provided a copy of a form titled, Administrative Leave, dated
11/29/2022, Suspended pending abuse allegation that revealed Staff C's, CNA name.
On 11/30/2022 at 12:25 p.m. a phone interview was conducted with Staff A, Licensed Practical Nurse
(LPN). She confirmed she worked on 11/24/2022 and received a verbal report from the Medical
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 23 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0610
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
Director. She stated, The MD came to me between 8:30 a.m. and 9:30 a.m. and told me there was an issue
that needed to be taken care of. He stated to me that [Resident #17] was very upset because she had been
raped. I said, Excuse me, did you say rape? He stated Yes. He said she used the word rape. Staff A stated,
The MD told me he needed it handled right away. The MD said [Resident #17] told the male staff to stop.
Staff A, LPN said she spoke to the resident and that she (Resident #17) said she was okay. I asked her, Do
you want me to do anything different. She said that Resident #17 said, I'm fine I just don't want a male
taking care of me. I do not want a male touching me down there. I told her that no male aide will take care
of her and it will be in her plan of care. Continuing, Staff A stated, She told me that she wanted to be left
alone, she did not want to be bothered. When asked what type of assessment was performed, she
indicated a set of vital signs, and she observed the resident and did not see any bruising to her face or
hands. Staff A confirmed she did not perform a full skin assessment. She said Resident #17's demeanor
appeared calm, saying she was not disheveled, was alert and oriented, and her mood appeared okay. Staff
A said it was her first time working with the resident.
Staff A said the DON was in the building between 9:00 a.m. and 9:30 a.m. stating, I told her that the
Medical Director had concerns and the resident said she felt as though she was raped. The DON said he
does not like it when people throw that word around. Staff A said, I also told her that I had spoken to the
[family member]. I told her the concerns of the resident not wanting a male aide. The [family member] said I
don't know why she is like that lately but thank you for letting me know. Staff A continued, I additionally
called the Risk Manager, who is also the Assistant Director of Nursing (ADON) and left her a message.
Staff A said later that day she spoke to the ADON, and I told her I had informed the DON. Staff A said the
DON told her she would handle it and take care of it. Staff A stated, The ADON had asked if I documented
it, I told her the DON had said she would take care of it. Staff A denied seeing the DON going to the
resident room after she had given her the report. Staff A confirmed she received abuse training in April
2022. She said, If someone alleges rape, we are to inform the parties that are involved, and that is what I
did. If a resident alleges any form of abuse, the expectation is to call the hotline. Staff A stated she Figured
the DON was handling it because she was here.
On 11/30/2022 at 1:08 p.m. an interview was conducted with the ADON, who is the facility's Risk Manager
(RM). She said she was not at the facility on Thanksgiving Day. She confirmed she received a call from
Staff A, LPN in the morning, but did not answer the phone. The ADON said she called back later that
afternoon and spoke to Staff A who told her a patient had a male CNA and didn't want a male CNA. The
RM said, [Staff A] said the doctor had concerns. She told me that the DON was going to take care of it. The
DON was at the facility and was taking care of it. The RM confirmed she deals with abuse and neglect
allegations. Stating, It is a team process. When asked what she would do, she said she would not assign a
male to the room, and she would go to the patient and see what her concerns were. She stated, I would
want to know why she doesn't want a male. She said, I would investigate by starting the grievance process.
I would speak to the resident to determine what had happened. She confirmed, An allegation of rape is
immediately called in. The RM said part of her process would be to call the abuse hotline and perform a
skin assessment of the resident. She went on to say, I would start a paper trail that would include witness
statements from staff. The RM said she is responsible for training and had started abuse and neglect
training yesterday (11/29/2022).
On 11/30/2022 at 1:27 p.m. an interview was conducted with the Interim Director of Nursing (IDON). She
said due to the investigation, she was asked last night around 6:00 p.m. if she could take the interim
position The IDON said the DON was aware of the incident and did not notify the NHA or start
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 24 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0610
Level of Harm - Immediate
jeopardy to resident health or
safety
the abuse protocol. The IDON said Staff A was directly involved on that day and she was the one the doctor
talked to. Staff A was informed by the doctor who used the word rape. Staff A then informed the DON of the
doctor's statement. The IDON said if this had been reported to her, she would like to know first-hand
information. She said it takes only a minute to see the patient and talk to the patient. The IDON stated, She
would want firsthand information. She would have conducted an interview and would have assessed the
patient. She would investigate why a resident wouldn't want a particular staff in the room.
Residents Affected - Few
On 11/30/2022 at 1:41 p.m. an interview was conducted with Staff D, CNA. She confirmed she worked on
Thanksgiving Day. She said she went into Resident #17's room with Staff A, LPN while she was gathering
some bags. She said she overheard Resident #17 wanted a female instead of a male aide. Staff D said she
had never mentioned that before and had never mentioned anything about her past. Staff D said the
resident seemed emotional and was upset a little. Staff D stated, She was telling the nurse she prefers a
female over a male aide. Felt more comfortable with a female. Staff D said, I have taken care of her since
then and has seemed normal since that day. Staff D continued, Later that same day a little after breakfast
the resident told me that she had told the male aide she wanted a female, and said he kept going. She said
she was crying and that she didn't want a male. She wanted a female. She said he just kept going. He just
kept cleaning her and he kept going. She said the resident stated, You are a female like me would you want
a male changing you. Staff D said the resident said she can't protect herself if something happens because
she is an elderly old lady. Staff D said she did not notice any bruising and that she didn't seem frightened.
Staff D said she told another aide (Staff E, CNA). Staff D said Resident #17 is alert and oriented and not
forgetful or confused.
On 11/30/2022 at 2:00 p.m. an interview was conducted with Staff E, CNA and she confirmed she worked
on 11/24/2022 -Thanksgiving Day and knows Resident #17 stating, I take care of her all the time. She said
she could not recall if the resident had voiced a concern to her about not having a male caregiver. She said
on 11/24/2022 she was in Resident #17's room caring for her roommate when Staff A, LPN entered the
room. Staff E said she could overhear Staff A ask Resident #17 if she preferred a female and Resident #17
responded, Yes. Staff E said she heard Staff A say, OK we won't have a male taking care of you. Staff E
said Resident #17 was upset, she looked like she was just not happy. Staff E said on that day she noticed
the resident was a little different and was upset. She did not verbalize to me what happened. Staff E said
she remembered her and her roommate at the time both verbally said they didn't want a male in the room.
Resident #17's roommate was discharged that day adding that she was an older resident also. She said
Resident #17 was very alert.
On 11/30/22 at 3:12 p.m. an interview was conducted with Resident #17's family member who is her
documented emergency contact. The family member said she visits the resident daily, and when she is not
there another family member is. She stated, [Resident#17] and I are very close.
The family member confirmed on 11/24/2022 she received a phone call from the facility nurse, Staff A. She
said there was an incident that happened when [Resident #17] was being changed by a male CNA. She
said [Resident #17] was very upset and had been crying all morning. Staff A, LPN had assured her
[Resident #17] was okay, but she was upset because she did not want him to do it. The family member said
she also spoke to the resident who told her the CNA was Staff C. The family member said on 10/26/2022
Staff C performed the resident's admission intake stating, We both remembered him. She said she told
Staff C that she wanted a female caregiver for [Resident #17], and he stated, Oh that's right you do not
want a man to change you . The family member stated, He knew she did not want men providing her care.
The family member said, I told [Resident #17] he did not care if she preferred female caregivers.
Continuing, the family member stated, [Resident #17] said on 11/24/2022 [Staff C]
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 25 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0610
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
told her if she did not let him change her brief then she had to wait until shift change. [Resident #17] told
him fine. I will wait. [Resident #17] said then all of a sudden, he pulled her gown and continued to change
her. She said she tried to reach for the buzzer to call staff and she could not reach it because he had
moved the blanket to the side. The family member stated, [Resident #17] kept saying No but he would not
listen. [Resident #17] told me she said she felt violated, it was her dignity and that she felt helpless. She
said [Resident #17] thought she had a right not to have this man touching her. She said [Resident #17] did
say she was not touched inappropriately but she did not want him providing care. The family member
stated, The resident told her the doctor came in her room that morning and she was crying. [Resident #17]
told me she had told him what had happened. The family member stated a couple weeks prior she spoke to
Staff F, LPN a nurse who was working the weekend. He told me [Resident #17] said she did not want male
staff providing her care. The family member stated that she shared with Staff F the resident's prior trauma,
stating, [Resident #17] was married young, and her husband was very abusive. She said Staff F appeared
uncomfortable when he heard her concerns. He said he would make note of it. The family member stated,
He said word for word there was no reason why we can't make that accommodation here. This conversation
happened a couple weeks prior to the incident. The family member said, [Resident #17] has always been
independent and was in her right mind . and to have someone mock her feelings . saying oh yeah you are
the one who doesn't want male caregivers, he was very condescending. The family member stated she did
not realize the CNA would be like that with her. The family member reiterated the resident had past trauma
related to being in an abusive marriage. She stated, Him forcing her during care caused her to be upset.
The family member confirmed the resident had mentioned she did not feel comfortable with male
caregivers several times to staff and to her.
The family member confirmed she received a phone call from the DON on 11/29/2022 and stated, I was
frustrated. She alleged that this was the first time she had been notified of the resident's preference. I asked
the DON why this was not in her record . Why was it not reported? . Why wasn't there an incident report?
The family member said, It bothers me. Where there is smoke there is fire. If they are working that hard to
cover it up, what else are they hiding? What about residents who cannot speak for themselves? The family
member said when she spoke with [Resident#17], she stated she was not going to allow this to happen.
She felt helpless. She was crying. Resident #17 said, I told him to stop, and he ignored my request. The
family member stated she felt Resident #17 was safe but was scared about the repercussions. She said,
Even if that male caregiver is not here, he has his buddies. I just want [Resident #17] to be safe. The family
member confirmed when Resident #17 was admitted [DATE] she informed Staff C, CNA of the resident's
gender preference for care.
On 11/30/2022 at 4:01 p.m. an interview was conducted with the NHA. He stated Staff C, CNA was
interviewed on 11/29/2022. Staff C said he was providing care to Resident #17 on Thanksgiving morning
and that she did not want him to do it, she kept saying No. He stated he felt he did not want to leave her
without clothes on and wanted to make sure she was dry. The NHA stated they identified an educational
opportunity. The NHA said, I let him know he should have left her, honor her request and let the nurse
know. The NHA stated they initiated education and suspended the CNA.
On 12/01/2022 at 11:27 a.m. a phone interview was conducted with Staff F, LPN. Staff F said he knew
Resident #17 and indicated he worked on her unit a few times. He said he recalled speaking with the
resident and her [family member]. He said he went into the room to inform the [family member] and the
resident he had requested orders from the physician. He said they identified she had blood in her brief, and
he was concerned about a gastroesophageal bleed. Staff F said when he was in the room the [family
member] told him Resident #17 had a very abusive husband. She said she did not want any
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 26 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0610
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
male aides to go in her room. Staff F could not recall the exact day of the conversation but stated, It was on
the same day I received the order for the STAT (immediately) blood work. Staff F continued and said after
he was informed by the [family member] of the resident's preference, he stated, I informed [Staff G
Registered Nurse (RN)] the weekend supervisor about it right away. He said he then added it to the on shift
report. He said the weekend reports are addressed on Monday mornings and indicated at that time the
resident's care plan would be updated. Staff F denied he documented anything in Resident #17's medical
record related to the conversation related to the resident's preference on the gender of caregivers.
Medical record review revealed on 11/13/2022 Staff F, LPN requested and received orders for Resident #17
for a complete blood count (CBC) due to bright red blood in brief. Thus, indicating the facility staff were
notified 12 days prior of the resident's gender preference on caregivers.
Facility Actions to Remove Immediate Jeopardy:
On 12/02/2022 at 4:45 p.m. a Removal Plan for F 610 was received which was verified and found to be
acceptable. (Photographic Evidence Obtained)
Review of the removal plan revealed:
December 2,2022 in response to Immediate Jeopardy concerns identified during re-licensure survey
F610 * 11/29/22 -At around 1:30 p.m. Surveyor brought to NHA attention a potential allegation of abuse that
occurred on 11/24/2022 (Thanksgiving Day). Upon investigation, a physician progress note in [medical
software] stated that resident had concerns with potential male C.N.A, note dated 11/24/22.
* 11/29/22 investigation initiated; CNA suspended immediately pending investigation.
* Investigation revealed on 11/24/22 physician communicated with licensed nurse (LPN) that there was
potential issue occurring with a resident and to please escalate to clinical leadership. The LPN went
immediately and talked to the resident about her concerns. The resident stated that a male C.N.A. came in
to change her brief on 11-7 shift and she stated no and the C.N.A proceeded, and she stated that No mean
no and didn't want a male C.N.A.
* That nurse then called the DCS around 10:30 a.m. on 11/24/22 and notified her of resident concerns.
* 11/29/22-At around 6:00 p.m. with the presence of the HRD and administrator the DCS was suspended
pending investigation due to failure to follow community reporting process pertain to abuse allegation.
* 11/29/22-Immediate was submitted to AHCA (Agency for Health Care Administration).
* 11/29/22 -Police notification
* 11/29/22 DCF notification
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 27 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0610
Level of Harm - Immediate
jeopardy to resident health or
safety
* On 11/29/2022 - Education was initiated with all staff by department leadership regarding Abuse, Neglect,
Exploitation & Misappropriation, recognizing and reporting abuse per community policy/resident right,
grievances and communication.
* 11/30/2022- Acting Director of Nursing interviewed residents that were cared for by the alleged
perpetrator.
Residents Affected - Few
* On 11/30/2022 Resident who made allegation was seen by the psychologist however declined visit. He is
to follow up week of 12/05/2022.
* On 11/30/2022 ADHOC QAPI was completed with the Medical Director, NHA, acting DON, QA nurse, Unit
Manager, SS, Clinical Records, Admissions, Business Office Manager, Rehab Manager, Dining Manager,
MDS, Housekeeping, Maintenance, Activities, Human Recourses were present.
* 12/01/2022 Education provided to acting Director of Nursing and NHA Trauma Informed Care/Brief
Trauma Questionnaire/Behavioral and Emotional status by Regional Nurse.
* 12/01/2022 Education has been completed for all SNF staff recognizing and reporting abuse per
community policy/residents' rights, grievances, and communication.
* 12/1/2022 Reviewed and revised Community Specific Brief Trauma Questionnaire.
* 12/1/2022 Education conducted by acting DON with licensed nursing staff pertaining to:
o Change in condition
o Trauma Informed Care/Behavioral and Emotional Status
o Brief Trauma Questionnaire
o Resident Preference Interview
* 12/02/2022 Education conducted with IDT by NHA & Acting DON
o Change in condition
o Trauma Informed Care/Behavioral and Emotional Status
o Brief Trauma Questionnaire
o Resident Preference interview with all new admissions
* 12/02/2022- ADHOC QAPI (Quality Assessment Performance Improvement)
* 12/2/22 New Brief Trauma Questionnaire to be completed with all current residents.
* 12/2/22 Abuse investigation finalized by NHA.
12/2/22 Immediate Action: Education as noted above and DON/Designee will conducted a weekly quality
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 28 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0610
review of 5 residents/responsible party weekly for 4 weeks, and then every 2 weeks for 2 months.
Level of Harm - Immediate
jeopardy to resident health or
safety
Questions to include:
Residents Affected - Few
2. Has anyone threatened your or your loved one since a resident here?
1. Has anyone mistreated you, or loved one since a resident here?
3. Are you fearful of anyone while residing here?
4. For residents what are not interviewable, complete a skin evaluation and answer, does the resident
present with any of the following:
a. Distress
b. Unusual/suspicious injuries
c. Interview with family using above questions.
Verification of the facility's removal plan was conducted by the survey team on 12/02/2022. Interviews were
conducted with Staff A, Licensed Practical Nurse-First Shift (FS), Staff H Business office Manager, Staff I,
CNA (FS), Staff J, CNA(FS), Staff K, CNA (FS), Staff L, CNA(FS), Staff N, CNA(FS) Staff M, Life
Enrichment Manager, Staff O, Physical Therapist Assistant (PTA), Staff T, Director of Rehab, Staff U, PTA,
Staff V, Occupational Therapy Assistant (COTA), Staff W, OTA, Staff X, Speech Therapist, Staff Y, Dietary
Clerk, Staff Z, Dietary Clerk, Staff AA, Housekeeping Supervisor, Staff BB, Receptionist, Staff CC,
Maintenance Manager, Staff DD, CNA(FS), Staff EE, CNA(FS), Staff FF, CNA(FS), Staff GG Licensed
Practical (LPN/FS), Staff HH, CNA Second shift (SS), Staff II, CNA (SS), Staff JJ, CNA(SS), Staff KK,
CNA(SS), Staff LL, CNA(SS), Staff MM, CNA(SS) Third shift (TS), Staff NN, CNA(SS/TS), Staff OO,
Licensed Practical Nurse (PM), Staff PP, LPN (SS), Staff QQ, LPN/SS at the facility regarding the policies
and procedures on Abuse, Neglect, and Misappropriation, resident rights and resident preferences. All staff
were able to define abuse, neglect and misappropriation, and resident rights. They knew who the allegation
should be reported to stating, the NHA, SSD, RM, and their direct supervisor. They knew the hotline abuse
phone number and where the number [TRUNCATED]
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 29 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0686
Provide appropriate pressure ulcer care and prevent new ulcers from developing.
Level of Harm - Minimal harm
or potential for actual harm
Based on observation, interview, medical record review, the facility policy, and professional standards of
practice the facility failed to provided care and services for forty-eight hours for one resident (#22) out of a
sample of two residents identified with a new pressure injury.
Residents Affected - Few
Findings included:
On 11/29/2022 at 10:17 a.m. Resident #22 was observed sitting in his wheelchair in his room. He was
accompanied by a family member. Resident #22's family member said she visits the resident a couple of
times a day. The family member reported Resident #22's daily routine consists of getting out of his bed
every morning, sometimes by a lift and sometimes by two aides. He can stand for a short period of time.
She stated, After lunch he goes to bed until the next morning. When asked if his skin was intact Resident
#22 stated, My left heel is getting red. The family member said [Staff S, Certified Nursing Assistant] just told
us this morning when she helped him out of bed. She said she would put a pillow under it. Resident #22's
feet were observed with sandals in place. Both feet rested on the wheelchair foot pedals.
Review of admission Record revealed Resident #22 was geriatric in age and had resided at the facility for
six months. Diagnosis description included atherosclerotic heart disease, hypertension, rheumatoid
arthritis, and cerebral infarction. Review of the Braden Scale (tool used to predict pressure sore risk), dated
10/16/2022, reflected a Risk Score of 14, indicative of moderate risk for pressure injury.
Review of the care plan, revised on 10/11/22, revealed a Focus of: Has potential impairment to integrity,
potential for pressure ulcers due to requiring extensive assistance with bed mobility secondary to weakness
of extremities and has frequent incontinence of bowel and bladder. Interventions included: the resident
needs heels floated.
Review of a Podiatry Report, dated 10/12/2022, showed: Objective - Physical exam; Cardiovascular: Dorsal
Pedis pulse is non palpable bilaterally and posterior tibial is non palpable bilaterally; Dermatologic: There is
absent hair growth proximal to distal bilateral legs, bilateral skin temperature is cool proximal; to distal
bilateral legs and feet. The skin is noted to show shiny, taunt bilateral lower extremities.
Review of the Examination of the Extremities: Pulses, Bruits, and Phlebitis, found at
https://www.ncbi.nlm.nih.gov > books > NBK350, showed: Diminished or absent pulses in the various
arteries examined may be indicative of impaired blood flow due to a variety of conditions.
Further review of the medical record reflected omission of documentation in reference to his left heel and
the change in condition.
On 12/01/2022 at 10:52 a.m. the Interim Director of Nursing (DON) was asked for assistance with Resident
#22's left heel. The heel revealed an area of dark red colored tissue, that reflected the size of a fifty cent
piece. The DON palpated the area and stated, It was boggy, and it is discolored compared to the opposite
heel.
Review of Wound Classification Suspected Deep Tissue Injury Description, found at https://www.ahrq.gov
> webinar6_pu_woundassesst. PDF, revealed: The area may be preceded by tissue that is
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 30 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0686
painful, firm, mushy, or boggy, or warmer or cooler than adjacent tissue.
Level of Harm - Minimal harm
or potential for actual harm
On 12/01/2022 at 11:00 a.m. Staff S, Certified Nursing Assistant confirmed on 11/29/2022 she provided
care and services to Resident #22. She said she looked at his heals and noted a red area on his left heel.
Staff S said she told one of the nurses that day. She said the nurse responded to her that she would look at
it. Staff S said she did not know which nurse she told and she stated, My primary job is in medical records
and central supply. But I also work as an assistant when they are short staffed. The DON was present
during the interview and requested a pair of podus boots for Resident #22.
Residents Affected - Few
On 12/01/2022 at 2:44 p.m. the DON confirmed it was her expectation when a change in skin is identified it
should be documented in the resident's medical record. The physician should be notified, a change in
condition form completed, a new skin assessment performed, and the care plan would be updated to reflect
the change.
Review of the policy titled, Pressure Ulcers/Skin Breakdown- Clinical Protocol, revised April 2018, revealed:
Assessment and Recognition: 1. The nursing staff and practitioner will assess and document an individual's
significant risk factors for developing pressure ulcers; for example, immobility. 2. In addition, the nurse shall
describe and document/report the following: a Full assessment of pressure sore including location, stage,
length, width, and depth, presence of exudates or necrotic tissue; B. Pain assessment; c. Residents'
mobility status; d. Current treatments, including support surfaces; and e. All active diagnosis. Cause
Identifications 1. The physician will help identify factors contributing or predisposing residents to skin
breakdown.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 31 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0699
Provide care or services that was trauma informed and/or culturally competent.
Level of Harm - Immediate
jeopardy to resident health or
safety
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, review of the medical record, incident logs, policy and procedure review, interviews with
administration, nursing staff, Resident #17, the resident's physician, and the resident's representative, the
facility failed to follow professional standards of practice to maintain the resident's highest practical and
psychosocial well-being by not ensuring their Behavioral Health Services for Trauma Informed Care was
followed for one resident (#17) of two residents reviewed for abuse.
Residents Affected - Few
The facility failed to take actions and respond to a family member and cognitively intact resident's request
for female caregivers only. The first request was made on 10/26/2022 by the family member and the
resident to the Staff C, Certified Nursing Assistant (CNA), who performed the admission intake; the second
request was made on 11/13/2022 by the family member and the resident to a Staff F, Licensed Practical
Nurse (LPN), who assured the resident and family member a male aide would not provide care. At that
time, the LPN was informed of the resident's past traumatic history by the family member, which spanned
over twenty-five years and consisted of physical abuse by a spouse who used her as a punching bag.
On 11/24/2022 at 2:56 a.m., eleven days after Staff F, LPN was notified of the resident's past traumatic
history, a male aide entered her bedroom to provide incontinence care. The resident told him she would
wait, but the male aide failed to honor the resident's rights, dignity, and psychosocial well-being. As he
pushed back her gown and provided incontinent care, she cried out repeatedly for him to stop; the aide did
not stop. As he continued, the resident continued to cry telling him no, resulting in physical abuse, and
re-traumatization. The resident informed her Medical Doctor, stating, I was raped, violated. No means no.
Resident #17's admission Record revealed she was in her early nineties, cognitively intact, and was
admitted for short term rehabilitation with a discharge plan to go back to her own home, where she had
previously been independent. Interviews with the resident's family member revealed the resident was a
trauma survivor, with a history that included over 25 years of physical abuse.
This failure resulted in the determination of Immediate Jeopardy starting on 11/24/2022. The findings of
Immediate Jeopardy were determined to be removed on 12/02/2022 after verification of the implementation
of removal action(s). The scope and severity was reduced to a D (no actual harm with potential for more
than minimal harm).
Findings included:
Cross reference F600, F609, F610, and F835
Review of a policy titled, Subject: Trauma Informed Care Approved: ADHOC QAPI 12/02/2022 revealed:
Intent: It is the policy of the facility to ensure each resident receives the care and services to attain and
maintain the highest practicable psycho-social well-being. Procedure: 1. The facility must ensure that
residents who are trauma survivors receive culturally competent, trauma-informed care, in accordance with
professional standards of practice and accounting for residents' experiences and preferences, in order to
eliminate or mitigate triggers that may cause re-traumatization of the resident.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 32 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0699
Review of a policy titled, Program, dated 12/02/2022, revealed:
Level of Harm - Immediate
jeopardy to resident health or
safety
Subject: Trauma Informed Care Program Intent: it is the policy of the facility to ensure residents receives
care and services to attain and maintain the highest practicable psycho-social well-being. Procedure: 1. All
residents admitted to facility will have a Brief Trauma Questionnaire (BTQ) preformed at the time of
admission. 2. When trauma has been identified the Social Service Director or Designee will inform the
resident's attending physician and request both Psychiatry and Psychology Services for the resident. 4.
Through resident interview and Psych Services, a comprehensive Plan of Care will be developed with the
Interdisciplinary Team to reduce the risk of re-traumatization. 5. All staff will receive education in Orientation
upon hire and annually.
Residents Affected - Few
Review of the policy titled, Behavioral Health Services, revision date February 2017, revealed:
Policy Statement 1. The facility will provide, and residents will receive behavioral health services as needed
to attain or maintain the highest practicable, physical, mental, and psychosocial well-being in accordance
with the comprehensive assessment and plan of care. Policy Interpretation and Implementation 1.
Behavioral health services are provided to residents as needed as part of the interdisciplinary,
person-centered approach to care. 2. Residents who exhibit signs of emotional/psychosocial distress
receive services and support that address their individual needs and goals for care. 3. Residents who do
not display symptoms of, or have not been diagnosed with, mental, psychiatrist, psychosocial adjustment,
substance abuse or post-traumatic stress disorder(s) will not develop behavioral disturbances that cannot
be attributed to a specific clinical condition that makes the pattern unavoidable. 4. Staff must promote
dignity, autonomy, privacy, socialization and safety as appropriate for each resident and are trained in ways
to support residents in distress. 5. Behavioral health services are provided by staff who are qualified and
competent in behavioral health and trauma-informed care. 6. Staff are scheduled in sufficient numbers to
manage resident needs throughout the day, evening, and night.
On 11/29/2022 at 12:10 p.m. an interview was conducted with Resident #17. She was observed from the
hallway lying in bed wearing a hospital gown. She made eye contact and was receptive to an interview. She
said she was waiting to get dressed as she pulled at her hospital gown, and that she needed to get ready
for therapy. When the resident was asked if she was treated with respect and dignity, she stated, A male
aide (Staff C) started to perform incontinent care; I told him no. I told them (Staff C and D) before I only
wanted females to care for me. But he proceeded to change my brief anyway. I told him no. At that time, she
made eye contact with the surveyor and stated, No means no. She said she had cried and cried no, but he
wouldn't stop. She stated, I felt like I was raped. When asked if she told anyone she stated, I told my doctor,
and my doctor told them. She said it had occurred just a couple of days ago. She said she has not seen the
male nurse since, but, she continued, I see those men walking past my room and looking in. They're just
walking by with nothing to do. At that time the resident lowered her head slightly and stated, I don't want to
answer any more questions. Resident #17's bed was positioned by the door and when the door is open,
she is able see into the hallway.
On 11/30/22 at 3:12 p.m. an interview was conducted with Resident #17's family member who is her
documented emergency contact. The family member said she visits the resident daily, and when she is not
there another family member is. She stated, [Resident#17] and I are very close.
The family member confirmed on 11/24/2022 she received a phone call from the facility nurse, Staff A,
LPN. She said there was an incident that happened when [Resident #17] was being changed by a male
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 33 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0699
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
CNA (Staff C, CNA). She said [Resident #17] was very upset and had been crying all morning. Staff A, LPN
had assured her [Resident #17] was okay, but she was upset because she did not want him to do it. The
family member said she also spoke to the resident who told her the CNA was Staff C. The family member
said on 10/26/2022 Staff C performed the resident's admission intake stating, We both remembered him.
The family member reiterated the resident had past trauma related to being in an abusive marriage. She
stated, [Resident #17] was in an abusive marriage for twenty-five years, he used her as his own punching
bag. She stated, Him (Staff C) forcing her during care caused her to be upset. The family member
confirmed the resident had mentioned she did not feel comfortable with male caregivers several times to
staff and to her. She said she told Staff C that she wanted a female caregiver for [Resident #17], and he
stated, Oh that's right you do not want a man to change you . The family member stated, He knew she did
not want men providing her care. The family member said, I told [Resident #17] he did not care if she
preferred female caregivers. Continuing, the family member stated, [Resident #17] said on 11/24/2022
[Staff C] told her if she did not let him change her brief then she had to wait until shift change. [Resident
#17] told him fine. I will wait. [Resident #17] said then all of a sudden, he pulled her gown and continued to
change her. She said she tried to reach for the buzzer to call staff and she could not reach it because he
had moved the blanket to the side. The family member stated, [Resident #17] kept saying No but he would
not listen. [Resident #17] told me she said she felt violated, it was her dignity and that she felt helpless. She
said [Resident #17] thought she had a right not to have this man touching her. She said [Resident #17] did
say she was not touched inappropriately but she did not want him providing care. The family member
stated, The resident told her the doctor came in her room that morning and she was crying. [Resident #17]
told me she had told him what had happened. The family member stated a couple weeks prior she spoke to
Staff F, LPN a nurse who was working the weekend. He told me [Resident #17] said she did not want male
staff providing her care. The family member stated that she shared with Staff F, LPN the resident's prior
trauma, stating, [Resident #17] was married young, and her husband was very abusive. She said Staff F
appeared uncomfortable when he heard her concerns. He said he would make note of it. The family
member stated, He said word for word there was no reason why we can't make that accommodation here.
This conversation happened a couple weeks prior to the incident. The family member said, [Resident #17]
has always been independent and was in her right mind . and to have someone mock her feelings . saying
oh yeah you are the one who doesn't want male caregivers, he was very condescending. The family
member stated she did not realize the CNA would be like that with her. The family member reiterated the
resident had past trauma related to being in an abusive marriage. She stated, Him forcing her during care
caused her to be upset.
The family member confirmed she received a phone call from the Director of Nursing (DON) on 11/29/2022
and stated, I was frustrated. She alleged that this was the first time she had been notified of the resident's
preference. I asked the DON why this was not in her record . Why was it not reported? . Why wasn't there
an incident report? The family member said, It bothers me. Where there is smoke there is fire. If they are
working that hard to cover it up, what else are they hiding? What about residents who cannot speak for
themselves? The family member said when she spoke with [Resident#17], she stated she was not going to
allow this to happen. She felt helpless. She was crying. Resident #17 said, I told him to stop, and he ignored
my request. The family member stated she felt Resident #17 was safe but was scared about the
repercussions. She said, Even if that male caregiver is not here, he has his buddies. I just want [Resident
#17] to be safe. The family member confirmed when Resident #17 was admitted on [DATE] she informed
Staff C, CNA of the resident's gender preference for care.
Review of the Medical Director's progress note,
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 34 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0699
dated 11/24/2022 at 9:18 a.m., revealed S: [subjective] resident concern about a male nurse.
Level of Harm - Immediate
jeopardy to resident health or
safety
On 11/29/2022 at 2:26 p.m. a phone interview was conducted with the facility's Medical Director (MD), who
confirmed he knew Resident #17 and saw her on 11/24/2022 between 7:00 a.m. and 8:30 a.m. He said she
appeared agitated and told him that morning she had been wet and soiled. She said a nurse had cleaned
her and that it was a male nurse. She said she didn't want a male nurse. The MD said the facility always
honors resident preferences. He stated, That really troubled me. The MD said Resident #17 told him, A man
wiped and cleaned me against my wishes. It was a male. I can't have males down there. She stated, He
changed me, and he was not supposed to. I told him to stop, and he just kept going. The MD said she was
agitated and asked not to be cleaned as he kept cleaning her and said she felt violated. The MD said he
asked the resident if it was okay if he examined her. She told me that was different. The MD stated this was
very concerning to him, and he immediately said something to nursing leadership. He said he was 100%
confident he spoke to the nurse. The MD stated he reported to the charge nurse (Staff A) We have a
potential situation here. The MD went on to state, I told them they had an issue that needed to be escalated
to the Director of Nursing. The MD said the nurse (Staff A) confirmed to him that it would be escalated. He
said he documented it and instructed the charge nurse (Staff A) to document it. He said he was told they
were working on it and thought he heard them say the Director of Nursing was coming in. The MD stated,
We have rules about this, no means no. When asked about his expectation he stated, Reporting is
expected to be done. He confirmed this is the only facility he goes to, and he is the facility's Medical
Director. The MD confirmed on 11/24/2022 Resident #17 was not doing well and said the resident was
outside of her normal demeanor. He was informed that the survey team was not able to locate
documentation of Resident #17's allegation. The MD indicated he was surprised of this and repeated, They
said they were going to escalate it.
Residents Affected - Few
Review of Resident #17's admission Record revealed, she was geriatric in age and was transferred from a
local hospital on [DATE] after having an altered mental status. Her admission Record showed she was
admitted for short term rehabilitation with diagnoses that included depression.
Review of Resident #17's admission Minimum Data Set (MDS), dated [DATE], Section C Cognitive Patterns
showed the Brief Interview for Mental Status (BIMS) score coded as a 14. The code of 14 indicated
cognitively intact. Medical record was omitted of documentation related to Resident #17 preference on a
caregiver gender.
On 11/29/2022 at 2:35 p.m. an interview was conducted with the DON on the incident that occurred on
11/24/2022. The DON said she was aware the Medical Director spoke to Staff A (Licensed Practical Nurse)
about his concern related to Resident #17. The DON said she was scheduled to work that day and she
received a phone call from Staff A. She said at that time she was already in route to the facility. The DON
said after she arrived at the facility, she spoke to Staff A. The DON stated, [Staff A] told me that everything
was fixed. She said Staff A stated that She had rearranged the aide assignment and had spoken to the
resident. The resident was okay with the schedule change that no male aide would be providing her care.
The DON denied she started a grievance. She denied she spoke to the resident. The DON stated, It was
just a patient preference, and it was taken care of.
On 11/30/2022 at 12:25 p.m. a phone interview was conducted with Staff A, LPN. She confirmed she
worked on 11/24/2022 and received a verbal report from the Medical Director. She stated, The MD came to
me between 8:30 a.m. and 9:30 a.m. and told me there was an issue that needed to be taken care of. He
stated to me that [Resident #17] was very upset because she had been raped. I said, Excuse me, did you
say rape? He stated Yes. He said she used the word rape. Staff A stated, The MD told me he needed it
handled right away. The MD said [Resident #17] told the male staff to stop. Staff A, LPN
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 35 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0699
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
said she spoke to the resident and that she (Resident #17) said she was okay. I asked her, Do you want me
to do anything different. She said that Resident #17 said, I'm fine I just don't want a male taking care of me.
I do not want a male touching me down there. I told her that no male aide will take care of her and it will be
in her plan of care. Continuing, Staff A stated, She told me that she wanted to be left alone, she did not
want to be bothered. When asked what type of assessment was performed, she indicated a set of vital
signs, and she observed the resident and did not see any bruising to her face or hands. Staff A confirmed
she did not perform a full skin assessment. She said Resident #17's demeanor appeared calm, saying she
was not disheveled, was alert and oriented, and her mood appeared okay. Staff A said it was her first time
working with the resident. Staff A said the DON was in the building between 9:00 a.m. and 9:30 a.m.
stating, I told her that the Medical Director had concerns and the resident said she felt as though she was
raped. The DON said he does not like it when people throw that word around. Staff A said, I also told her
that I had spoken to the [family member]. I told her the concerns of the resident not wanting a male aide.
The [family member] said I don't know why she is like that lately but thank you for letting me know. Staff A
continued, I additionally called the Risk Manager, who is also the Assistant Director of Nursing (ADON) and
left her a message. Staff A said later that day she spoke to the ADON, and I told her I had informed the
DON. Staff A said the DON told her she would handle it and take care of it. Staff A stated, The ADON had
asked if I documented it, I told her the DON had said she would take care of it. Staff A denied seeing the
DON going to the resident room after she had given her the report. Staff A confirmed she received abuse
training in April 2022. She said, If someone alleges rape, we are to inform the parties that are involved, and
that is what I did. If a resident alleges any form of abuse, the expectation is to call the hotline. Staff A stated
she Figured the DON was handling it because she was here.
On 11/29/2022 at 3:14 p.m. an interview was conducted with the Social Service Director (SSD). She said
she talked to the resident today (11/29/2022) and asked her if anything happened. The SSD said, She told
me a couple days ago; a male aide came in to change her and she did not want him to change her. She
said she cried and told the doctor, who told the nurse. The resident said she hadn't had a male aide since.
The SSD said the resident reported that nothing inappropriate happened. The SSD said the resident's
family member was in the room during that time and stated years ago she had a bad encounter with a male
aide, stating, It happened somewhere else. The SSD said the resident said she has not had any male
caregivers giving her care since the incident happened. She indicated on Thursday (11/24/2022) the
resident's care plan had been updated to reflect no male aides. The SSD confirmed a grievance form was
not filed. When asked what her expectation was, she stated, I expect a male aide would stop and get a
female. The NHA (Nursing Home Administrator) was present at the time of the interview and stated, Any
concerns should be documented, and a grievance should be filed. He confirmed it was not transferred to
paper and did not know why.
On 11/30/2022 at 1:27 p.m. an interview was conducted with the Interim Director of Nursing (IDON). Staff A
was informed by the doctor who used the word rape. Staff A then informed the DON of the doctor's
statement.
On 11/30/2022 at 1:41 p.m. an interview was conducted with Staff D, CNA. She confirmed she worked on
Thanksgiving Day. She said she went into Resident #17's room with Staff A, LPN while she was gathering
some bags. She said she overheard Resident #17 wanted a female instead of a male aide. Staff D said she
had never mentioned that before and had never mentioned anything about her past. Staff D said the
resident seemed emotional and was upset a little. Staff D stated, She was telling the nurse she prefers a
female over a male aide. Felt more comfortable with a female. Staff D said, I have taken care of her since
then and has seemed normal since that day. Staff D continued, Later that same day a little after
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 36 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0699
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
breakfast the resident told me that she had told the male aide she wanted a female, and said he kept going.
She said she was crying and that she didn't want a male. She wanted a female. She said he just kept going.
He just kept cleaning her and he kept going. She said the resident stated, You are a female like me would
you want a male changing you. Staff D said the resident said she can't protect herself if something happens
because she is an elderly old lady. Staff D said she did not notice any bruising and that she didn't seem
frightened. Staff D said she told another aide (Staff E, CNA). Staff D said Resident #17 is alert and oriented
and not forgetful or confused.
On 11/30/2022 at 2:00 p.m. an interview was conducted with Staff E, CNA and she confirmed she worked
on 11/24/2022 -Thanksgiving Day and knows Resident #17 stating, I take care of her all the time. She said
on 11/24/2022 she was in Resident #17's room caring for her roommate when Staff A, LPN entered the
room. Staff E said she could overhear Staff A ask Resident #17 if she preferred a female and Resident #17
responded, Yes. Staff E said she heard Staff A say, OK we won't have a male taking care of you. Staff E
said Resident #17 was upset, she looked like she was just not happy. Staff E said on that day she noticed
the resident was a little different and was upset. She did not verbalize to me what happened. Staff E said
she remembered her and her roommate at the time both verbally said they didn't want a male in the room.
She said Resident #17 was very alert. She noticed more of the women in therapy prefer not to have men in
the room. Staff E said she talked to Staff C, before about it and wanted to switch assignments. She said I
told Staff C, CAN, Some of the women just don't feel comfortable with a man taking care of them. Staff C
said she did not recall when it conversation occurred.
On 11/30/2022 at 4:01 p.m. an interview was conducted with the NHA. He stated Staff C, CNA was
interviewed on 11/29/2022. Staff C said he was providing care to Resident #17 on Thanksgiving morning
and that she did not want him to do it, she kept saying No. He stated he felt he did not want to leave her
without clothes on and wanted to make sure she was dry. The NHA stated they identified an educational
opportunity. The NHA said, I let him know he should have left her, honor her request and let the nurse
know. The NHA stated they initiated education and suspended the CNA.
On 12/01/2022 at 11:27 a.m. a phone interview was conducted with Staff F, LPN. Staff F said he knew
Resident #17 and indicated he worked on her unit a few times. He said he recalled speaking with the
resident and her [family member]. He said he went into the room to inform the [family member] and the
resident he had requested orders from the physician. Staff F said when he was in the room the [family
member] told him Resident #17 had a very abusive husband. She said she did not want any male aides to
go in her room. Staff F could not recall the exact day of the conversation but stated, It was on the same day
I received the order for the STAT (immediately) blood work. Staff F continued and said after he was
informed by the [family member] of the resident's preference, he stated, I informed [Staff G Registered
Nurse (RN)] the weekend supervisor about it right away. He said he then added it to the on shift report. He
said the weekend reports are addressed on Monday mornings and indicated at that time the resident's care
plan would be updated. Staff F denied he documented anything in Resident #17's medical record related to
the conversation related to the resident's preference on the gender of caregivers.
Medical record review revealed on 11/13/2022 Staff F, LPN requested and received orders for Resident #17
for a complete blood count (CBC). Thus, indicating the facility staff were notified 12 days prior of the
resident's gender preference on caregivers.
On 12/02/2022 at 9:51 a.m. a return phone call was received from Staff G, RN Weekend Supervisor. She
said, I did not know anything about the patient and was unaware of a patient preference related to
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 37 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0699
Level of Harm - Immediate
jeopardy to resident health or
safety
not wanting a male aide. Staff G stated she did not recall Staff F, LPN telling her about a resident's
preference for a caregiver. She denied she was notified. She stated, [Staff F LPN] does not let me know
about his residents. She added last Saturday, 11/26/2022, at the nursing station, I had heard the aides,
[Staff F] and [Staff A] talking about someone did not want a male aide. They did not mention the patient's
name.
Residents Affected - Few
Facility Actions to Remove Immediate Jeopardy:
On 12/02/2022 at 4:45 p.m. a Removal Plan for F 699 was received which was verified and found to be
acceptable. (Photographic Evidence Obtained)
Review of the removal plan revealed:
December 2, 2022 in response to Immediate Jeopardy concerns identified during re-licensure survey
F699
* 11/29/22 -At around 1:30 p.m. Surveyor brought to NHA attention a potential allegation of abuse that
occurred on 11/24/2022 (Thanksgiving Day). Upon investigation, a physician progress note in [medical
software] stated that resident had concerns with potential male C.N.A, note dated 11/24/22.
* 11/29/22 investigation initiated; CNA suspended immediately pending investigation.
* Investigation revealed on 11/24/22 physician communicated with licensed nurse (LPN) that there was
potential issue occurring with a resident and to please escalate to clinical leadership. The LPN went
immediately and talked to the resident about her concerns. The resident stated that a male C.N.A. came in
to change her brief on 11-7 shift and she stated no and the C.N.A proceeded, and she stated that No mean
no and didn't want a male C.N.A.
* That nurse then called the DCS around 10:30 a.m. on 11/24/22 and notified her of resident concerns.
* 11/29/22-At around 6:00 p.m. with the presence of the HRD and administrator the DCS was suspended
pending investigation due to failure to follow community reporting process pertain to abuse allegation.
* 11/29/22-Immediate was submitted to AHCA (Agency for Health Care Administration).
* 11/29/22 -Police notification
* 11/29/22 DCF notification
* On 11/29/2022 - Education was initiated with all staff by department leadership regarding Abuse, Neglect,
Exploitation & Misappropriation, recognizing and reporting abuse per community policy/resident right,
grievances and communication.
* 11/30/2022- Acting Director of Nursing interviewed residents that were cared for by the alleged
perpetrator.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 38 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0699
Level of Harm - Immediate
jeopardy to resident health or
safety
* On 11/30/2022 Resident who made allegation was seen by the psychologist however declined visit. He is
to follow up week of 12/05/2022.
* On 11/30/2022 ADHOC QAPI was completed with the Medical Director, NHA, acting DON, QA nurse, Unit
Manager, SS, Clinical Records, Admissions, Business Office Manager, Rehab Manager, Dining Manager,
MDS, Housekeeping, Maintenance, Activities, Human Recourses were present.
Residents Affected - Few
* 12/01/2022 Education provided to acting Director of Nursing and NHA Trauma Informed Care/Brief
Trauma Questionnaire/Behavioral and Emotional status by Regional Nurse.
* 12/01/2022 Education has been completed for all SNF staff recognizing and reporting abuse per
community policy/residents' rights, grievances, and communication.
* 12/1/2022 Reviewed and revised Community Specific Brief Trauma Questionnaire.
* 12/1/2022 Education conducted by acting DON with licensed nursing staff pertaining to:
o Change in condition
o Trauma Informed Care/Behavioral and Emotional Status
o Brief Trauma Questionnaire
o Resident Preference Interview
* 12/02/2022 Education conducted with IDT by NHA & Acting DON
o Change in condition
o Trauma Informed Care/Behavioral and Emotional Status
o Brief Trauma Questionnaire
o Resident Preference interview with all new admissions
* 12/02/2022- ADHOC QAPI (Quality Assessment Performance Improvement)
* 12/2/22 New Brief Trauma Questionnaire to be completed with all current residents.
* 12/2/22 Abuse investigation finalized by NHA.
12/2/22 Immediate Action: Education as noted above and DON/Designee to be completed by 12/2/22 with
licensed nursing associates.
New residents will be evaluated utilizing the Brief Trauma Questionnaire with care plan update as required.
The DON/designee will conduct audit of new admission daily x 12 weeks to review for questionnaire being
completed and care plan updated.
Verification of the facility's removal plan was conducted by the survey team on 12/02/2022.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 39 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0699
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
Interviews were conducted with Staff A, Licensed Practical Nurse-First Shift (FS), Staff H Business office
Manager, Staff I, CNA (FS), Staff J, CNA(FS), Staff K, CNA (FS), Staff L, CNA(FS), Staff N, CNA(FS) Staff
M, Life Enrichment Manager, Staff O, Physical Therapist Assistant (PTA), Staff T, Director of Rehab, Staff U,
PTA, Staff V, Occupational Therapy Assistant (COTA), Staff W, OTA, Staff X, Speech Therapist, Staff Y,
Dietary Clerk, Staff Z, Dietary Clerk, Staff AA, Housekeeping Supervisor, Staff BB, Receptionist, Staff CC,
Maintenance Manager, Staff DD, CNA(FS), Staff EE, CNA(FS), Staff FF, CNA(FS), Staff GG Licensed
Practical Nurse (LPN/FS), Staff HH, CNA Second shift (SS), Staff II, CNA (SS), Staff JJ, CNA(SS), Staff
KK, CNA(SS), Staff LL, CNA(SS), Staff MM, CNA(SS) Third shift (TS), Staff NN, CNA(SS/TS), Staff OO,
Licensed Practical Nurse (PM), Staff PP, LPN (SS), Staff QQ, LPN/SS at the facility regarding the policies
and procedures on Abuse, Neglect, and Misappropriation, resident rights and resident preferences. All staff
were able to define abuse, neglect and misappropriation, and resident rights. They knew who the allegation
should be reported to stating, the NHA, SSD, RM, and their direct supervisor. They knew the hotline abuse
phone number and where the number could be located within the facility. They verbalized knowing the need
for timely reporting of an allegation and verbalized knowledge on the facility policies. They confirmed if a
resident has a specific preference their preference would be honored by communicating to the nurse.
Nurses indicated it would be documented and addressed immediately to ensure the interdisciplinary team
were aware of it. The staff members confirmed the education had included trauma-based care. If the any
staff were informed of would immediately report it to their supervisor. On 12/02/2022 after interview and
review of the Training log it was determined prior to the exit the facility had conducted 100% of education to
their employees.
Based on verification of the facility's Immediate Jeopardy removal plan the Immediate Jeopardy was
determined to be removed on 12/02/2022 and the non-compliance was reduced to a s[TRUNCATED]
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 40 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0759
Ensure medication error rates are not 5 percent or greater.
Level of Harm - Minimal harm
or potential for actual harm
Based on observations, medical record review, and interviews, the facility failed to ensure that the
medication error rate was less than 5.00%. Twenty six medication administration opportunities were
observed, and four errors were identified for three residents (#101, #7 and #150) of five residents observed.
These errors constituted a 15.38 %
Residents Affected - Few
Findings included:
1. On 11/30/2022 at 9:56 a.m. medication administration was observed alongside Staff P Licensed Practical
Nurse (LPN). She prepared and administered the following medications to Resident #101: Aspirin 81 mg
(milligram) enteric coated, Metformin 1,000 mg, Metoprolol 25 mg, vitamin D3 125 mcg (micrograms) (5000
units), Pantoprazole 40 mg, and acetaminophen 325 x 2 tablets.
Medication reconciliation revealed the current physician order was aspirin tablet give one 81 mg by mouth
one time a day for coronary artery disease (CAD), dated 11/28/2022. The order did not indicate to
administer aspirin enteric coated tablet.
2. On 12/1/2022 at 9:15 a.m. a medication observation was conducted alongside Staff Q, LPN. She
prepared and administered the following medications to Resident #7: Metformin 1000 mg, Metoprolol 50
mg, Amlodipine 5 mg, Lisinopril 20 mg, multivitamin with mineral, vitamin B12 5000 mcg, and Glycolax 20
cc (cubic centimeters).
Medication reconciliation revealed the current physician order was for Glycolax powder give 17 grams by
mouth two times a day for constipation, dated 11/05/2022, which indicated the wrong dose was
administered.
3. On 12/1/2022 at 9:28 a.m. a medication observation was conducted alongside Staff R, Registered Nurse.
She prepared and administered the following medications for Resident #150: MiraLAX 1 cap full, Docusate
100 mg tablet, Lactulose 30 mg. When asked if that was all the resident had ordered to be given, she
stated, No. She said the Fluticasone nasal spray, Dorzolamide-timolol eye drops, and the Spironolactone
were not available. Staff R provided Resident #150 her medications and informed her the nasal spray had
not been sent from the pharmacy yet. Resident #150 told the nurse she had a bottle of it in her bedside
table. Staff R removed the bottle of nasal spray from the table and administered it to the resident. Staff R
continued to inform the resident that the Spironolactone and the Timolol eye drops were not available.
Resident #150 stated, I have not had my eye drops in two days. I need that for my glaucoma. Staff R stated,
I will call the pharmacy and have them send it over.
Medication reconciliation revealed the current physician orders were for Dorzolamide HCI -Timolol Mal PF
Solution 2-0.5% instill 1 drop in left eye two times a day related to UNSPECIFIED GLAUCOMA, dated
11/28/2022; Spironolactone tablet 50 mg give 1 tablet by mouth one time a day for hypertension (HTN),
dated 11/29/2022.
On 12/02/2022 at approximately 12:00 p.m. an interview was conducted with the Interim Director of Nursing
(DON). She confirmed it was her expectation medications are given as ordered.
Review of the facility policy titled, Administering Medications, revised April 2019, revealed: Policy Medications are administered in a safe and timely manner, and as prescribed. Policy -Interpretation and
Implementation: 4. Medications are administered in accordance with prescriber orders,
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 41 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0759
Level of Harm - Minimal harm
or potential for actual harm
including any required time frames. 10. The individual administering the medication checks the label
THREE (3) times to verify the right resident right medication, right dosage, right time and right method
(route) of administration before giving the medication.
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 42 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0812
Level of Harm - Minimal harm
or potential for actual harm
Procure food from sources approved or considered satisfactory and store, prepare, distribute and serve
food in accordance with professional standards.
Based on observations and interviews, the facility failed to maintain the minimum temperature for the rinse
cycle of the high temperature dish machine per the manufacturer's recommendation in one of one kitchen.
Residents Affected - Few
Findings included:
On 11/29/22 beginning at 9:31 a.m., an initial tour of the kitchen was conducted with the Executive Chef.
The Executive Chef reported the gauges for rinse and rinse press on the high temperature dish machine
did not work, but they used a black, square, handheld thermometer to test the temperature for the rinse
cycle. He reported that he submitted a work order for new gauges in the beginning of November(2022) but
they had not arrived yet.
At this time the high temperature dish machine was observed at the following temperatures:
First Attempt: Rinse 147-degrees Fahrenheit
Second Attempt: Rinse 152-degrees Fahrenheit
Third Attempt: Rinse 154-degrees Fahrenheit.
The spec plate attached to the high temperature dish machine revealed the following:
NSF Machine Operational Requirements as Manufactured by [Vendor Name] Dishmachines: Rinse
Temperature Minimum 180 degrees Fahrenheit. (Photographic Evidence Obtained)
The Executive Chef confirmed the temperature was not reaching 180 degrees Fahrenheit and he would
reach out to the vendor to repair the machine immediately.
On 12/01/22 at 11:30 a.m., the Regional Dietitian reported they are now checking the temperature of the
dish machine every three to four hours. The vendor came out and increased the temperature of the water
for the rinse cycle.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 43 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0835
Administer the facility in a manner that enables it to use its resources effectively and efficiently.
Level of Harm - Immediate
jeopardy to resident health or
safety
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
record review, interviews with nursing and administrative staff, the resident and the resident's physician, the
resident's representative, the resident's psychiatric practitioner, and the facility's Medical Director, the
facility Administration failed to use its resources effectively to lead and direct the overall operations of the
facility in accordance with resident needs, regulations, and company policies related to abuse for one
resident (#17) of two residents reviewed for abuse.
Residents Affected - Few
On 11/24/2022, Resident #17, an elderly female who was cognitively intact and dependent on staff for
incontinent care and services, reported a male Certified Nursing Assistant (Staff C, CNA) performed
incontinence care that she had repeatedly refused.
Resident #17 reported the event to the Medical Director, who then reported it to the supervising nursing
staff. The supervising staff (Staff A, Licensed Practical Nurse) immediately reported to the Director of
Nursing (DON). The DON failed to investigate, report, protect and take corrective action to prevent similar
occurrence.
Facility administration determined this was not abuse, did not fully investigate, report, protect, and take
corrective action to prevent a similar occurrence.
The failure of the Administration to follow the Centers for Medicare and Medicaid Services (CMS)
guidelines and to implement their abuse policies created a likelihood that placed all residents at risk of a
similar occurrence, and which could lead to serious injury or serious harm such as serious psychosocial
harm and re-traumatization.
This resulted in the findings of Immediate Jeopardy starting on 11/24/2022. The immediacy was removed
on 12/02/2022 after verification of the implementation of removal actions. The scope and severity was
reduced to a D (no actual harm with potential for more that minimal harm).
Findings included:
Cross reference F600, F609, F610 and F699.
Review of the Job Description Position Title: Director of Nursing, Department: Health Center, Supervisor:
Executive Director Revision Date: 1/2/2022. General Summary: The Director of Nursing is responsible for
the overall supervision, provision, and quality of nursing care in the Health Center, and residential
apartments. He/she is responsible for the selection, training, discipline, and supervision for all nursing
related Health Center personnel. He/she is responsible for the procurement of appropriate supplies and
equipment and operating within the department budget.
Principle Duties, Essential Job Duties: 1. Responsible for the development, organization and operation of
nursing services and supportive services for the Health Care and residential apartments. 3. Responsible for
the coordination and direction of the total planning for nursing services including recommendation through
a staffing plan. 11. Participates in the coordination of resident care services through department staff
meeting. 16. Ensures that significant clinical developments of residents are reported to their families and /or
responsible party, physicians, the Medical Director, the Executive Director, and State, as necessary. 17.
Review the nursing requirements of each resident
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 44 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0835
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
admitted to the Health Care Center and assists the attending in planning care. 19. If necessary, acts on
behalf of the Administrator in his/her absence. 20. Ensures compliance with all federal, state, and local
regulations including corporate compliance and HIPPA Privacy Standards. 28. Services as Manager on
Duty on scheduled weekends. Wellness Function: The [Community name] employees are expected to
promote a health community culture for all residents and employees. This is a whole person approached to
health and wellness which includes eight dimensions of wellness: Emotional, Environmental, Health
Services, Intellectual, Physical, Social, Spiritual and Vocational through these efforts we can ensure and
exceed residents' wellness needs related to their mind, body, and soul, which may also have a positive
effect on the employees, as a result.
Review of the Administrator Job Description, dated August 03, 2021, General Summary/Major Function:
The Administrator is responsible for assisting the Chief Administrative Officer/Executive Director in the
overall administration of the Community. S/he supervises over operation of the service departments as
directed by the Executive Director, with primary emphasis on the health center. S/he also handles special
projects for the Board of Directors and the Executive Director. In the Executive Director's absence, the
Administrator can assume responsibility for all Community operations. Essential Duties and Responsibilities
Health Care Management Assist Chief Administrative Officer/Executive Director in maintaining licensure
and certification of Community; ensure compliance with state and federal regulations; maintain personal
Administrator's license. Maintain current knowledge of applicable laws and regulations.
On 11/29/2022 at 12:10 p.m. an interview was conducted with Resident #17. She was observed from the
hallway lying in bed wearing a hospital gown. She made eye contact and was receptive to an interview. She
said she was waiting to get dressed as she pulled at her hospital gown, and that she needed to get ready
for therapy. When the resident was asked if she was treated with respect and dignity, she stated, A male
aide (Staff C) started to perform incontinent care; I told him no. I told them (Staff C and D) before I only
wanted females to care for me. But he proceeded to change my brief anyway. I told him no. At that time, she
made eye contact with the surveyor and stated, No means no. She said she had cried and cried no, but he
wouldn't stop. She stated, I felt like I was raped. When asked if she told anyone she stated, I told my doctor,
and my doctor told them. She said it had occurred just a couple of days ago. She said she has not seen the
male nurse since, but, she continued, I see those men walking past my room and looking in. They're just
walking by with nothing to do. At that time the resident lowered her head slightly and stated, I don't want to
answer any more questions. Resident #17's bed was positioned by the door and when the door is open,
she is able see into the hallway.
Review of Resident #17's admission Minimum Data Set (MDS), dated [DATE], Section C Cognitive Patterns
showed the Brief Interview for Mental Status (BIMS) score coded as a 14. The code of 14 indicated
cognitively intact. Further review of the MDS, Section G Functional Status showed toilet use coded as the
number 3. The number 3 reflected extensive assistance. Support needed for toilet use mobility was coded
as a 2 and indicated one-person physical assist.
Review of the Medical Director's progress note, dated 11/24/2022 at 9:18 a.m., revealed S: [subjective]
resident concern about a male nurse.
Further record review of the facility Abuse and Neglect log for November 2022 did not reflect Resident
#17's allegation.
On 11/29/2022 at 2:04 p.m. an interview was conducted with the Nursing Home Administrator (NHA)
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 45 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0835
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
related to Resident #17's allegation. The Nursing Home Administrator said the person the staff would
contact would be him and the Director of Nursing (DON). Related to Resident #17's allegation, the NHA
stated, No one called me on Thanksgiving Day.
On 11/29/2022 at 2:26 p.m. a phone interview was conducted with the facility's Medical Director (MD), who
confirmed he knew Resident #17 and saw her on 11/24/2022 between 7:00 a.m. and 8:30 a.m. He said she
appeared agitated and told him that morning she had been wet and soiled. She said a nurse had cleaned
her and that it was a male nurse. She said she didn't want a male nurse. The MD said the facility always
honors resident preferences. He stated, That really troubled me. The MD said Resident #17 told him, A man
wiped and cleaned me against my wishes. It was a male. I can't have males down there. She stated, He
changed me, and he was not supposed to. I told him to stop, and he just kept going. The MD said she was
agitated and asked not to be cleaned as he kept cleaning her and said she felt violated. The MD said he
asked the resident if it was okay if he examined her. She told me that was different. The MD stated this was
very concerning to him, and he immediately said something to nursing leadership. He said he was 100%
confident he spoke to the nurse. The MD stated he reported to the charge nurse (Staff A) We have a
potential situation here. The MD went on to state, I told them they had an issue that needed to be escalated
to the Director of Nursing. The MD said the nurse (Staff A) confirmed to him that it would be escalated. He
said he documented it and instructed the charge nurse (Staff A) to document it. He said he was told they
were working on it and thought he heard them say the Director of Nursing was coming in. The MD stated,
We have rules about this, no means no. When asked about his expectation he stated, Reporting is
expected to be done. He confirmed this is the only facility he goes to, and he is the facility's Medical
Director. The MD confirmed on 11/24/2022 Resident #17 was not doing well and said the resident was
outside of her normal demeanor. He was informed the survey team was not able to locate documentation of
Resident #17's allegation. The MD indicated he was surprised of this and repeated, They said they were
going to escalate it.
On 11/29/2022 at 2:35 p.m. an interview was conducted with the DON on the incident that occurred on
11/24/2022. The DON said she was aware the Medical Director spoke to Staff A (Licensed Practical Nurse)
about his concern related to Resident #17. The DON said she was scheduled to work that day and she
received a phone call from Staff A. She said at that time she was already in route to the facility. The DON
said after she arrived at the facility, she spoke to Staff A. The DON stated, [Staff A] told me that everything
was fixed. She said Staff A stated that She had rearranged the aide assignment and had spoken to the
resident. The resident was okay with the schedule change that no male aide would be providing her care.
The DON denied she started a grievance. She denied she spoke to the resident. The DON stated, It was
just a patient preference, and it was taken care of.
On 11/29/2022 at 2:50 p.m. Staff C, Certified Nursing Assistant (CNA) was observed walking in the middle
hallway. He stopped in the middle hall and then suddenly turned back around. As he turned, he was noted
looking inside of the rooms. One of the rooms he looked into belonged to Resident #17. He then began to
walk towards the nursing station. At that time, he was asked if he had time for an interview. Staff C, CNA
said he had been a certified nursing assistant for thirteen years and only works at this facility. Staff C
denied he worked the morning of Thanksgiving Day (11/24/2022). He said he worked the night shift on
11/23/2022, but then confirmed the shift ended on the morning of the 11/24/2022. Staff C said he knew
Resident #17 and denied he assisted her with her incontinent care in the morning. He stated, I worked on
the long hall and [Resident #17] did not reside on that hall. He then stated, I never worked with her. Staff C
was asked to look at his documentation dated 11/24/2022. He looked at the report and confirmed he had
documented in Resident #17's record which reflected bladder continence care had been provided on
11/24/2022 at
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 46 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0835
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
2:56 a.m. Staff C denied anyone spoke to him about an incident and went on to say he did not remember
taking care of the resident and did not recall any objections or problems during the care. He did not recall
the resident telling him she did not want a male to care for her. He then added I had taken care of her
before. He said no one told him not to take care of her anymore. Staff C said typically, if someone would say
they have preferences they don't assign the male aide to the room. He said there are no residents, that he
is aware of, who do not want a male to take care of them. He said if there was one, he would get a female
aide. Staff C confirmed he worked at the facility yesterday 11/28/2022 and assisted with new admissions.
On 11/29/2022 at 3:22 p.m. an interview was conducted with the NHA who stated, No one knew she didn't
want a male until Thanksgiving Day. He said, The aide is in the DON office right now and is being
suspended.
On 11/29/2022 at 3:14 p.m. an interview was conducted with the Social Service Director (SSD). She said
she talked to the resident today (11/29/2022) and asked her if anything happened. The SSD said, She told
me a couple days ago; a male aide came in to change her and she did not want him to change her. She
said she cried and told the doctor, who told the nurse. The resident said she hadn't had a male aide since.
The SSD said the resident reported that nothing inappropriate happened. The SSD said the resident's
family member was in the room during that time and stated years ago she had a bad encounter with a male
aide, stating, It happened somewhere else. The SSD said the resident said she has not had any male
caregivers giving her care since the incident happened. She indicated on Thursday (11/24/2022) the
resident's care plan had been updated to reflect no male aides. The SSD confirmed a grievance form was
not filed. When asked what her expectation was, she stated I expect a male aide would stop and get a
female. The NHA was present at the time of the interview and stated, Any concerns should be documented,
and a grievance should be filed. He confirmed it was not transferred to paper and did not know why.
On 11/29/2022 at 3:40 p.m. the NHA provided a copy of a form titled, Administrative Leave, dated
11/29/2022, Suspended pending abuse allegation that revealed Staff C's, CNA name.
On 11/30/2022 at 12:25 p.m. a phone interview was conducted with Staff A, Licensed Practical Nurse
(LPN). She confirmed she worked on 11/24/2022 and received a verbal report from the Medical Director.
She stated, The MD came to me between 8:30 a.m. and 9:30 a.m. and told me there was an issue that
needed to be taken care of. He stated to me that [Resident #17] was very upset because she had been
raped. I said, excuse me, did you say rape? He stated Yes. He said she used the word rape. Staff A stated,
The MD told me he needed it handled right away. The MD said [Resident #17] told the male staff to stop.
Staff A, LPN said she spoke to the resident and that she (Resident #17) said she was okay. I asked her, Do
you want me to do anything different. She said that Resident #17 said, I'm fine I just don't want a male
taking care of me. I do not want a male touching me down there. I told her that no male aide will take care
of her, and it will be in her plan of care. Continuing, Staff A stated, She told me that she wanted to be left
alone, she did not want to be bothered. When asked what type of assessment was performed, she
indicated a set of vital signs, and she observed the resident and did not see any bruising to her face or
hands. Staff A confirmed she did not perform a full skin assessment. She said Resident #17's demeanor
appeared calm, saying she was not disheveled, was alert and oriented, and her mood appeared okay. Staff
A said it was her first time working with the resident. Staff A said the DON was in the building between 9:00
a.m. and 9:30 a.m. stating, I told her that the Medical Director had concerns and the resident said she felt
as though she was raped. The DON said he does not like it when people throw that word around. Staff A
said, I also told her that I had spoken to the [family member]. I told her the concerns of the resident not
wanting a male aide. The [family
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 47 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0835
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
member] said I don't know why she is like that lately but thank you for letting me know. Staff A continued, I
additionally called the Risk Manager, who is also the Assistant Director of Nursing (ADON) and left her a
message. Staff A said later that day she spoke to the ADON, and I told her I had informed the DON. Staff A
said the DON told her she would handle it and take care of it. Staff A stated, The ADON had asked if I
documented it, I told her the DON had said she would take care of it. Staff A denied seeing the DON going
to the resident room after she had given her the report. Staff A confirmed she received abuse training in
April 2022. She said, If someone alleges rape, we are to inform the parties that are involved, and that is
what I did. If a resident alleges any form of abuse, the expectation is to call the hotline. Staff A stated she
Figured the DON was handling it because she was here.
On 11/30/2022 at 1:08 p.m. an interview was conducted with the ADON who is the facility's Risk Manager
(RM). She confirmed she received a call from Staff A, LPN in the morning, but did not answer the phone.
The ADON said she called back later that afternoon and spoke to Staff A who told her a patient had a male
CNA and didn't want a male CNA. The RM said, [Staff A] said the doctor had concerns. She told me that
the DON was going to take care of it. The DON was at the facility and was taking care of it. The RM
confirmed she deals with abuse and neglect allegations. Stating, It is a team process. When asked what
she would do, she said she would not assign a male to the room, and she would go to the patient and see
what her concerns were. She stated, I would want to know why she doesn't want a male. She said, I would
investigate by starting the grievance process. I would speak to the resident to determine what had
happened. She confirmed, An allegation of rape is immediately called in. The RM said part of her process
would be to call the abuse hotline and perform a skin assessment of the resident. She went on to say, I
would start a paper trail that would include witness statements from staff. The RM said she is responsible
for training and had started abuse and neglect training yesterday (11/29/2022).
On 11/30/2022 at 1:27 p.m. an interview was conducted with the Interim Director of Nursing (IDON). She
said due to the investigation, she was asked last night around 6:00 p.m. if she could take the interim
position The IDON said the DON was aware of the incident and did not notify the NHA or start the abuse
protocol. The IDON said Staff A was directly involved on that day and she was the one the doctor talked to.
Staff A was informed by the doctor who used the word rape. Staff A then informed the DON of the doctor's
statement. The IDON said if this had been reported to her, she would like to know first-hand information.
She said it takes only a minute to see the patient and talk to the patient. The IDON stated, She would want
firsthand information. She would have conducted an interview and would have assessed the patient. She
would investigate why a resident wouldn't want a particular staff in the room.
On 11/30/2022 at 1:41 p.m. an interview was conducted with Staff D, CNA. She confirmed she worked on
Thanksgiving Day. She said she went into Resident #17's room with Staff A, LPN while she was gathering
some bags. She said she overheard Resident #17 wanted a female instead of a male aide. Staff D said she
had never mentioned that before and had never mentioned anything about her past. Staff D said the
resident seemed emotional and was upset a little. Staff D stated, She was telling the nurse she prefers a
female over a male aide. Felt more comfortable with a female. Staff D said, I have taken care of her since
then and has seemed normal since that day. Staff D continued, Later that same day a little after breakfast
the resident told me that she had told the male aide she wanted a female, and said he kept going. She said
she was crying and that she didn't want a male. She wanted a female. She said he just kept going. He just
kept cleaning her and he kept going. She said the resident stated, You are a female like me would you want
a male changing you. Staff D said the resident said she can't protect herself if something happens because
she is an elderly old lady. Staff D said she
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 48 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0835
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
did not notice any bruising and that she didn't seem frightened. Staff D said she told another aide (Staff E,
CNA). Staff D said Resident #17 is alert and oriented and not forgetful or confused.
On 11/30/2022 at 2:00 p.m. an interview was conducted with Staff E, CNA and she confirmed she worked
on 11/24/2022 -Thanksgiving Day and knows Resident #17 stating, I take care of her all the time. She said
she could not recall if the resident had voiced a concern to her about not having a male caregiver. She said
on 11/24/2022 she was in Resident #17's room caring for her roommate when Staff A, LPN entered the
room. Staff E said she could overhear Staff A ask Resident #17 if she preferred a female and Resident #17
responded, Yes. Staff E said she heard Staff A say, OK we won't have a male taking care of you. Staff E
said Resident #17 was upset, she looked like she was just not happy. Staff E said on that day she noticed
the resident was a little different and was upset. She did not verbalize to me what happened. Staff E said
she remembered her and her roommate at the time both verbally said they didn't want a male in the room.
Resident #17's roommate was discharged that day adding that she was an older resident also. She said
Resident #17 was very alert. Staff E said most of the residents that are here are here for therapy and then
go home. She noticed more of the women in therapy prefer not to have men in the room. Staff E said she
talked to Staff C, before who is male aide, about it and wanted to switch assignments. She said I told Staff
C, CNA some of the women just don't feel comfortable with a man taking care of them. Staff C said she did
not recall when the conversation occurred.
On 11/30/22 at 3:12 p.m. an interview was conducted with Resident #17's family member who is her
documented emergency contact. The family member said she visits the resident daily, and when she is not
there another family member is. She stated, [Resident#17] and I are very close. The family member
confirmed on 11/24/2022 she received a phone call from the facility nurse, Staff A. She said there was an
incident that happened when [Resident #17] was being changed by a male CNA. She said [Resident #17]
was very upset and had been crying all morning. Staff A, LPN had assured her [Resident #17] was okay,
but she was upset because she did not want him to do it. The family member said she also spoke to the
resident who told her the CNA was Staff C. The family member said on 10/26/2022 Staff C performed the
resident's admission intake stating, We both remembered him. She said she told Staff C that she wanted a
female caregiver for [Resident #17], and he stated, Oh that's right you do not want a man to change you .
The family member stated, He knew she did not want men providing her care. The family member said, I
told [Resident #17] he did not care if she preferred female caregivers. Continuing, the family member
stated, [Resident #17] said on 11/24/2022 [Staff C] told her if she did not let him change her brief then she
had to wait until shift change. [Resident #17] told him fine. I will wait. [Resident #17] said then all of a
sudden, he pulled her gown and continued to change her. She said she tried to reach for the buzzer to call
staff and she could not reach it because he had moved the blanket to the side. The family member stated,
[Resident #17] kept saying No but he would not listen. [Resident #17] told me she said she felt violated, it
was her dignity and that she felt helpless. She said [Resident #17] thought she had a right not to have this
man touching her. She said [Resident #17] did say she was not touched inappropriately but she did not
want him providing care. The family member stated, The resident told her the doctor came in her room that
morning and she was crying. [Resident #17] told me she had told him what had happened. The family
member stated a couple weeks prior she spoke to Staff F, LPN a nurse who was working the weekend. He
told me [Resident #17] said she did not want male staff providing her care. The family member stated that
she shared with Staff F the resident's prior trauma, stating, [Resident #17] was married young, and her
husband was very abusive. She said Staff F appeared uncomfortable when he heard her concerns. He said
he would make note of it. The family member stated, He said word for word there was no
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 49 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0835
Level of Harm - Immediate
jeopardy to resident health or
safety
Residents Affected - Few
reason why we can't make that accommodation here. This conversation happened a couple weeks prior to
the incident. The family member said, [Resident #17] has always been independent and was in her right
mind . and to have someone mock her feelings . saying oh yeah you are the one who doesn't want male
caregivers, he was very condescending. The family member stated she did not realize the CNA would be
like that with her. The family member reiterated the resident had past trauma related to being in an abusive
marriage. She stated, Him forcing her during care caused her to be upset. The family member confirmed
the resident had mentioned she did not feel comfortable with male caregivers several times to staff and to
her.
The family member confirmed she received a phone call from the DON on 11/29/2022 and stated, I was
frustrated. She alleged that this was the first time she had been notified of the resident's preference. I asked
the DON why this was not in her record . Why was it not reported? . Why wasn't there an incident report?
The family member said, It bothers me. Where there is smoke there is fire. If they are working that hard to
cover it up, what else are they hiding? What about residents who cannot speak for themselves? The family
member said when she spoke with [Resident#17], she stated she was not going to allow this to happen.
She felt helpless. She was crying. Resident #17 said, I told him to stop, and he ignored my request. The
family member stated she felt Resident #17 was safe but was scared about the repercussions. She said,
Even if that male caregiver is not here, he has his buddies. I just want [Resident #17] to be safe. The family
member confirmed when Resident #17 was admitted [DATE] she informed Staff C, CNA of the resident's
gender preference for care.
On 11/30/2022 at 4:01 p.m. an interview was conducted with the NHA. He stated Staff C, CNA was
interviewed on 11/29/2022. Staff C said he was providing care to Resident #17 on Thanksgiving morning
and that she did not want him to do it, she kept saying No. He stated he felt he did not want to leave her
without clothes on and wanted to make sure she was dry. The NHA stated they identified an educational
opportunity. The NHA said, I let him know he should have left her, honor her request and let the nurse
know. The NHA stated they initiated education and suspended the CNA.
On 12/01/2022 at 11:27 a.m. a phone interview was conducted with Staff F, LPN. Staff F said he knew
Resident #17 and indicated he worked on her unit a few times. He said he recalled speaking with the
resident and her [family member]. He said he went into the room to inform the [family member] and the
resident he had requested orders from the physician. He said they identified she had blood in her brief, and
he was concerned about a gastroesophageal bleed. Staff F said when he was in the room the [family
member] told him Resident #17 had a very abusive husband. She said she did not want any male aides to
go in her room. Staff F could not recall the exact day of the conversation but stated, It was on the same day
I received the order for the STAT (immediately) blood work. Staff F continued and said after he was
informed by the [family member] of the resident's preference, he stated, I informed [Staff G Registered
Nurse (RN)] the weekend supervisor about it right away. He said he then added it to the on shift report. He
said the weekend reports are addressed on Monday mornings and indicated at that time the resident's care
plan would be updated. Staff F denied he documented anything in Resident #17's medical record related to
the conversation related to the resident's preference on the gender of caregivers.
Medical record review revealed on 11/13/2022 Staff F, LPN requested and received orders for Resident #17
for a complete blood count (CBC). Thus, indicating the facility staff were notified 12 days prior of the
resident's gender preference on caregivers.
On 12/02/2022 at 9:51 a.m. a return phone call was received from Staff G, RN Weekend Supervisor. Staff
G said she heard about the allegation of abuse a couple of days ago when she was called and
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 50 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0835
Level of Harm - Immediate
jeopardy to resident health or
safety
asked for a statement. She said, I did not know anything about the patient and was unaware of a patient
preference related to not wanting a male aide. Staff G stated she did not recall Staff F, LPN telling her about
a resident's preference for a caregiver. She denied she was notified. She stated, [Staff F LPN] does not let
me know about his residents. She added last Saturday, 11/26/2022, at the nursing station, I had heard the
aides, [Staff F] and [Staff A] talking about someone did not want a male aide. They did not mention the
patient's name.
Residents Affected - Few
Facility Actions to Remove Immediate Jeopardy:
On 12/02/2022 at 4:45 p.m. a Removal Plan for F 835 was received which was verified and found to be
acceptable. (Photographic Evidence was Obtained)
Review of the removal plan revealed:
December 2, 2022. In response to Immediate Jeopardy concerns identified during re-licensure survey
F835* 11/29/22 -At around 1:30 p.m. Surveyor brought to NHA attention a potential allegation of abuse that
occurred on 11/24/2022 (Thanksgiving Day). Upon investigation, a physician progress note in [medical
software] stated that resident had concerns with potential male C.N.A, note dated 11/24/22.
*11/29/22 investigation initiated; CNA suspended immediately pending investigation.
*Investigation revealed on 11/24/22 physician communicated with licensed nurse (LPN) that there was
potential issue occurring with a resident and to please escalate to clinical leadership. The LPN went
immediately and talked to the resident about her concerns. The resident stated that a male C.N.A. came in
to change her brief on 11-7 shift and she stated no and the C.N.A proceeded, and she stated that No mean
no and didn't want a male C.N.A.
*That nurse then called the DCS around 10:30 a.m. on 11/24/22 and notified her of resident concerns.
*11/29/22-At around 6:00 p.m. with the presence of the HRD and administrator the DCS was suspended
pending investigation due to failure to follow community reporting process pertain to abuse allegation.
*11/29/22-Immediate was submitted to AHCA (Agency for Health Care Administration).
*11/29/22 -Police notification
*11/29/22 DCF notification
*On 11/29/2022 - Education was initiated with all staff by department leadership regarding Abuse, Neglect,
Exploitation & Misappropriation, recognizing and reporting abuse per community policy/resident right,
grievances and communication.
*11/30/2022- Acting Director of Nursing interviewed residents that were cared for by the alleged
perpetrator.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 51 of 52
Printed: 05/28/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
105744
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/02/2022
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Regency Oaks Health Center
2770 Regency Oaks Blvd
Clearwater, FL 33759
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0835
Level of Harm - Immediate
jeopardy to resident health or
safety
*On 11/30/2022 Resident who made allegation was seen by the psychologist however declined visit. He is
to follow up week of 12/05/2022.
*On 11/30/2022 ADHOC QAPI was completed with the Medical Director, NHA, acting DON, QA nurse, Unit
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
105744
If continuation sheet
Page 52 of 52