F 0600
Protect each resident from all types of abuse such as physical, mental, sexual abuse, physical punishment,
and neglect by anybody.
Level of Harm - Actual harm
Residents Affected - Few
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
record review, review of facility policy and procedures, staff and resident interviews, the facility failed to
protect the resident's right to be free from physical, and verbal abuse for 1(Resident #999) of 3 residents
reviewed for abuse.The findings included: Review of the facility policy N-1265 Abuse, Neglect, Exploitation
and Misappropriation effective 11/30/14 (revised 11/16/22) documented It is inherent in the nature and
dignity of each resident at the center that he/she be afforded basic human rights, including the right to be
free from abuse . Employees of the center are charged with a continuing obligation to treat residents so
they are free from abuse . No employee may at any time commit an act of physical, psychological, or
emotional abuse . against any resident . Acts of abuse directed against residents are absolutely prohibited.
Any action that may cause or causes actual physical, psychological or emotional harm which is not caused
by simple negligence, constitutes abuse . All employees have a duty to respect the rights of all residents, to
treat them with dignity and to prevent others from violating their rights. Review of the clinical record
revealed Resident #999 was a [AGE] year-old, Spanish speaking female with an admission date of 5/10/25.
Diagnoses included displaced fracture of fifth cervical (neck) vertebra, peg tube (a tube inserted into the
stomach to provide nutrition and hydration) placement, type 2 diabetes mellitus, hypothyroidism, and pain.
Review of the Medicare 5 day Minimum Data Set (MDS) (standardized assessment tool that measures
health status in nursing home residents) with an assessment reference date of 6/22/25 documented
Resident #999 was dependent to go from sitting to standing and for transfers. The MDS noted Resident
#999 scored 06 on the Brief Interview for Mental Status, indicating the resident's cognitive skills for daily
decision making were severely impaired.On 7/7/25 at 9:09 a.m., Resident #999 was interviewed with the
assistance of Registered Nurse (RN) Staff E translating in Spanish. The resident said a male therapist
came to her room and yelled at her because she had pain in her back. He was very angry for no reason.
She said he pulled her from the wheelchair (w/c) and forcibly put her into bed. She did not know why he did
not take her to the therapy room. She does not speak English, did not understand him and did not offer her
a translator. The resident said the therapist was fine when he came in but got angry with her, because she
did not understand the instructions he gave her. When he put her in bed, she hurt her cervical area, she
had a fracture there and had recently had surgery. She said she told the therapist he had hurt her, he
smiled at her. Resident #999 said the therapist used a gait belt to lift her up out of the wheelchair and he
threw her into bed. The resident said there was no other person in the room when the male therapist was
providing care. She said she was yelling and crying. A female therapist and the nurse came into her room
when they heard her yelling.She said when she started to yell and cry, the therapist left her room; he was
very angry. He did not say anything to me. He told her about the therapy, and she did not understand
him.Resident #999 said after it happened, she was anxious and fearful, she did not expect that to happen
to her. She was
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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 3
Event ID:
106000
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
106000
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/07/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Aspire at Evans
3735 Evans Ave
Fort Myers, FL 33901
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 - Actual harm
Residents Affected - Few
screaming and crying because he had hurt her.Review of the facility's incident investigations revealed on
6/13/25 the facility initiated a physical and verbal abuse investigation for Resident #999.Review of the
investigation revealed:On 6/13/25 at 3:30 p.m., Physical Therapy Assistant (PTA) Staff A and Occupational
Therapist (OT) Staff D were assisting Resident #999 to transfer from her bed to the wheelchair. During the
transfer PTA Staff A grabbed the resident's arms and started to yell at her and shake her for not following
his directions for the transfer.Registered Nurse (RN) Staff C in her statement said on 6/13/25 at
approximately 3:25 p.m., she was one room down the hallway and heard Resident #999 screaming out.
She went to the resident's room and saw a male therapist with his hands on both of the resident's arms
yelling and shaking her and he stated very loudly I told you not to do this. This is why you keep getting hurt.
The resident was crying and stated that he hurt her and was pointing to her peg tube area.RN Staff C had
a certified nursing assistant stay with the resident while she went to report the abuse.PTA Staff A said in his
written statement that around 3:00 p.m., when he arrived in Resident #999's room, the resident was upset
and started to complain in rapid Spanish which he didn't understand. The PTA gave her detailed
instructions on how to transfer from the bed to the wheelchair and how to place her hands. After detailed
instructions, the resident grabbed the wrong armrest and started to twist her arm and gave out a loud
scream. PTA Staff A asked why, in a loud voice, she grabbed the wrong armrest despite all instructions
given. That's when RN Staff C came into the room and witnessed the PTA's question to the resident and
said, This is patient abuse.OT Staff D in her statement said she was in the room assisting PTA Staff A with
Resident #999's transfer. The resident was positioned properly and educated numerous times by PTA Staff
A on safe transfer techniques. The resident grabbed the wrong armrest, would not let go, started screaming
and was very fearful. PTA Staff A became very loud and upset at Resident #999 stating she needed to
listen to him so that she doesn't get hurt.The investigation noted on June 13, 2025, at approximately 3:45
p.m., the Administrator interviewed PTA Staff A and asked the PTA what happened with Resident #999.
PTA Staff A replied, You can fire me now. I lost my cool and was rough with the patient and yelled at the
patient. He went on to describe and show how he was attempting to get Resident #999 to transfer from the
bed to the wheelchair.The facility verified the allegation of abuse.On 7/7/25 at 11:39 a.m., in a telephone
interview OT Staff D said she had provided treatment to Resident #999 for a couple weeks. OT Staff D said
she was standing nearby when PTA Staff A went to transfer Resident #999. Once the resident had
transferred to the wheelchair, PTA Staff A yelled at her loudly that she needed to listen to him. She left the
room when he was yelling. OT Staff D said PTA Staff A raised his voice because Resident #999 did not
understand and did not listen. PTA Staff A spoke with the resident in some Spanish. OT Staff D said
Resident #999 understands English way better then she pretends. She said they had done the transfer
many times before. The resident gets very scared, he explained the procedure. PTA Staff A was frustrated
because Resident #999 was screaming. OT Staff D said after the resident got into the wheelchair, I decided
I did not need to be there. The door was open, and I left. The nurse came after the fact, she was not there
to see anything, I don't know what she saw. I left the room to document the therapy provided. I was involved
with the initial transfer into the wheelchair. I was not there when he transferred her to bed.On 7/7/25 at
12:32 p.m., in a telephone interview, RN Staff C said she was working on 6/13/25 and was administering
medications. RN Staff C said, [Resident #999] yelled out and I thought they were probably moving her. The
resident yelled again, extremely loud and I walked to her room. I was two doors away. When I entered the
room I saw [PTA Staff A] had both hands on the resident's arms and he was shaking her. I asked him what
the hell are you doing? The resident was yelling and crying. He said, this is what we have to do with her. I
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
106000
If continuation sheet
Page 2 of 3
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
106000
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/07/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Aspire at Evans
3735 Evans Ave
Fort Myers, FL 33901
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 - Actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
saw [OT Staff D] standing across the hall, looking in the room. I went to her and I asked her, are you going
to let him do that to her? She put a piece of paper in front of her face and said, I see nothing, and I hear
nothing. I went to the Administrator right away and I told him, and we went together to the resident's room.
The resident was in her bed. The Administrator had a Spanish speaking staff member to translate, and the
resident said, He threw me in the bed.RN Staff C said she did not witness PTA Staff A put the resident in
bed. She said, I witnessed the therapist shaking her and yelling at her, he was very angry. The resident was
crying. The resident was in the wheelchair when he was shaking her. He was shaking her, and he was so
angry with her. I left the room and went to the Administrator. I did not see him put her into bed.RN Staff C
said, I notified the resident's son. He came to the facility and wanted her sent to the emergency room. We
did what he asked.On 7/7/25 at 1:20 p.m., in a telephone interview PTA Staff A said, I think I want to give a
background first. I worked with the resident for 8 or 9 sessions, and I was very aware of her function and
abilities and how she communicates. I think we had good communication and relationship. I had her up and
taking 3-4 steps the day before. Her goal was to walk 30 to 40 feet with a walker and assistance. Her right
leg and arm are pretty strong; her left leg is weaker. She was able to stand the day before. The resident was
in bed supine (on her back). I greeted her and I said let's go and she said yes. I gave her maximum
assistance to sit on the edge of the bed. I placed my gait belt around her under her buttocks because of the
peg tube. She was very willing to transfer. I placed the wheelchair on her right side. I asked her to place her
hand on the far side not the near side, it was very important that she placed her hand on the far side. I gave
her a 1,2,3 count, and maximum assistance. She grabbed onto the near side of the arm rest and she
started to scream. I thought she was very uncomfortable, it made me nervous because I never heard her
screaming like that. She was screaming at the top of her lungs. I thought she was hurting. I kind of shook
her hand a little to see if she had pain, and she said no. A nurse came into the room because she heard the
resident scream, she said this was patient abuse. Maybe I was shaking her hands at that time, or checking
the gait belt, or checking something. No one else was in the room with me, only the patient. I asked her if
she was in pain and she said no. I raised my voice asking her why did you put your hand here. That is my
one regret, I raised my voice with her. I never yelled at any patient. I shook her hand; I was checking her. If
that is deemed shaking, I never shook her body. I was shaking her hand and arm to see if she was okay, to
see did she have pain. She was crying, she was sitting in the wheelchair. I put her into bed after that, I
thought she was okay. Her right side was stronger, and she was able to stand and get to the edge of the
bed. She was losing her balance, and she was screaming again. No one was watching me at all. I think the
resident got so scared and was very afraid. I think that is why she screamed. I did not ask her why she was
screaming. They think I abused the resident, but I do not think from my point of view that I abused her.On
7/7/25 at 1:47 p.m., in an interview the Director of Nursing (DON) said she was not at the facility when it
happened. The Administrator started the investigation. She said, The PTA was not here long and he had a
short fuse I guess. The DON said, I do know the resident is not the easiest person to give directions to. She
is timid, scared and hesitant to do tasks. The DON said something was going on with the PTA to cause him
to have this reaction.
Event ID:
Facility ID:
106000
If continuation sheet
Page 3 of 3