F 0558
Reasonably accommodate the needs and preferences of each resident.
Level of Harm - Minimal harm
or potential for actual harm
Based on observation, staff interview, record review, and review of facility policy, the facility failed to ensure
call lights were within reach of Resident #3, #27, #34 and #43. This affected four residents of 19 residents
reviewed for accommodation of need. The facility census was 47.
Residents Affected - Some
Findings include:
1. Review of the medical record for Resident #3 revealed an admission date of 11/07/24 with diagnoses
including hemiplegia and hemiparesis following cerebral infarction (stroke), hemiplegia affecting right
dominant side, major depressive disorder, and insomnia.
Review of the quarterly Minimum Data Set (MDS) 3.0 assessment, dated 05/13/25, revealed Resident #3
was moderately impaired cognitively, had upper and lower extremity impairment on one side, was
dependent on staff for all activities of daily living except required substantial/maximum assistance from staff
for eating, required substantial/maximum assistance to roll left and right, was independent for maneuvering
his motorized wheelchair, was always incontinent of bowel and bladder and had two or more falls without
major injury since the previous assessment.
Review of the care plan, date initiated 11/07/24, revealed Resident #3 was at risk for falls. Interventions
included to ensure call light was available to resident.
An observation on 05/27/25 at 9:37 A.M. revealed Resident #3 was awake and lying in his bed with the call
light out of his reach. The call button was clipped half way down the privacy curtain located to the right of
the resident and out of arms reach from the bed.
An observation was conducted on 05/27/25 at 9:46 A.M. of Resident #3 in his room with Certified Nursing
Assistant (CNA) #214 present during the observation. The call light remained out of reach and an interview
with CNA #214 at the time of the observation verified Resident #3 was not able to reach the call light
because it was clipped to the privacy curtain.
2. Review of the medical record for Resident #27 revealed an admission date of 11/27/20 with diagnoses
including senile degeneration of brain, vascular dementia, anxiety disorder, delirium due to known
physiological condition, major depressive disorder, and insomnia.
Review of the quarterly MDS 3.0 assessment, dated 05/08/25, revealed Resident #27 was severely
impaired cognitively, was independent for mobility except required supervision or touch assistance from
staff for tub/shower transfer, had an indwelling catheter, was always incontinent of bowel, and had one fall
since prior assessment.
(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 9
Event ID:
365902
Printed: 05/15/2026
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
365902
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
05/29/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Meadowbrook Manor
3090 Five Points Hartford
Fowler, OH 44418
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 0558
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
Review of the care plan for Resident #27, date initiated 12/10/20, revealed Resident #27 was at risk for falls
due to altered mental status, cognition, and psychotropic medication use. Interventions included to be sure
call light was within reach and encourage him to use it for assistance as needed.
An observation on 05/27/25 at 9:32 A.M. revealed Resident #27 was awake and was lying on his bed.
Resident #27's call light was clipped to the call light cord coming out of the wall and not within reach of
Resident #27.
An interview on 05/27/25 at 9:32 A.M. with Housekeeping Supervisor (HS) #225 at the time of the
observation revealed HS #225 verified Resident #27 could not reach his call light to call for help if he
needed it.
3. Review of the medical record for Resident #43 revealed an admission date of 11/06/24 with diagnoses
including dementia, gastro-esophageal reflux disease (GERD), and liver disease.
Review of the quarterly MDS 3.0 assessment, dated 04/15/25, revealed Resident #43 was moderately
impaired cognitively and was independent for all activities of daily living except required setup or cleanup
assistance from staff for shower/bathe self and personal hygiene. The resident was independent for mobility
which included walking independently up to 150 feet.
Review of the care plan, date initiated 11/12/24, revealed Resident #43 was at risk for falls due to a
dementia diagnosis. Interventions included be sure call light was within reach and encourage him to use it
for assistance as needed.
An observation on 05/27/25 at 9:29 A.M. revealed Resident #43 was awake and was lying on his bed. The
call light button was clipped to the call light cord coming out of the wall behind the headboard of Resident
#43's bed where it could not be reached by the resident.
An observation on 05/27/25 at 9:46 A.M. with HS #225 present in Resident #43's room revealed the call
light remained out of reach. An interview with HS #225 at the time of the observation verified Resident #43
was not able to reach his call light.
4. Review of the medical record for Resident #34 revealed an admission date of 05/06/24 with diagnoses
including metabolic encephalopathy (brain dysfunction), lack of coordination, cognitive communication
deficit, reduced mobility, dementia, need for assistance with personal care, insomnia, and anxiety disorder.
Review of the MDS 3.0 assessment, dated 05/01/25, revealed Resident #34 was severely impaired
cognitively, was independent for mobility except required supervision or touch assistance for tub/shower
transfer and was continent of bowel and bladder.
Review of the care plan, date initiated 05/14/24, revealed Resident #34 was at risk for falls. Interventions
included to be sure call light was within reach and encourage him to use it for assistance as needed.
An observation on 05/27/25 at 9:35 A.M. revealed Resident #34 was sleeping in his bed. The call light
button was clipped to the cord coming out of the wall and was not within reach of Resident #34.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
365902
If continuation sheet
Page 2 of 9
Printed: 05/15/2026
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
365902
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
05/29/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Meadowbrook Manor
3090 Five Points Hartford
Fowler, OH 44418
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 0558
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Some
FORM CMS-2567 (02/99)
Previous Versions Obsolete
An observation on 05/27/25 at 9:47 A.M. with HS #225 present in Resident #34's room revealed the call
light remained out of reach. An interview with HS #225 at the time of the observation verified Resident #34
was not able to reach his call light.
Review of the facility policy titled Call System, Residents, undated, revealed each resident would be
provided with a means to call staff directly for assistance from his/her bed, from toileting/bathing facilities
and from the floor.
Event ID:
Facility ID:
365902
If continuation sheet
Page 3 of 9
Printed: 05/15/2026
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
365902
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
05/29/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Meadowbrook Manor
3090 Five Points Hartford
Fowler, OH 44418
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 0569
Notify each resident of certain balances and convey resident funds upon discharge, eviction, or death.
Level of Harm - Minimal harm
or potential for actual harm
Based on record review, interview and policy review, the facility failed to refund resident funds within 30
days of discharge. This affected two residents (#253 and #254) of six residents (#2, #5, #15, #24, #253 and
#254) reviewed for resident funds. The facility census was 47.
Residents Affected - Few
Findings include:
1. Review of resident records for Resident #253 revealed an initial admission date of 09/12/14 and a
discharge date of 11/15/24. Diagnosis included schizoaffective disorder bipolar type. A review of the face
sheet for Resident #253 revealed they had a court appointed guardian. Review of the discharge Minimum
Data Set (MDS) assessment revealed Resident #253 had severe cognitive impairment.
Review of the facility document titled Resident Fund Authorization revealed resident #253 authorized the
facility to hold, safeguard and account for personal funds. The document was signed by Resident #253 on
09/08/15.
On 05/28/25 at 11:00 A.M. a review of the resident fund account for Resident #253 revealed on 01/07/25
the facility distributed check #1901 in the amount of $5,588.60 to the guardian of Resident #253 to close
the resident fund account. However, deposits and withdrawls from the account continued as followed:
•
02/03/25 a deposit from Social Security (SS) in the amount of $917.30.
•
02/28/25 an interest deposit of $1.69.
•
03/03/25 a SS deposit of $917.30
•
03/12/25 check #1917 in the amount of $1836.29 was issued to the guardian of Resident #253.
•
04/01/25 a deposit labeled pension in the amount of $917.30.
•
04/03/25 a SS deposit in the amount of $2556.00.
•
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
365902
If continuation sheet
Page 4 of 9
Printed: 05/15/2026
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
365902
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
05/29/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Meadowbrook Manor
3090 Five Points Hartford
Fowler, OH 44418
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 0569
04/30/25 an interest deposit of $5.17.
Level of Harm - Minimal harm
or potential for actual harm
•
05/01/25 a deposit labeled pension in the amount of $917.30.
Residents Affected - Few
•
05/02/25 check #1925 in the amount of $2561.17 was issued as a return to SS and check #1924 for
$1834.60 issued as a return to Railroad Retirement Fund.
•
05/15/25 check #1927 for $852.00 issued to SS and SS was notified in writing that Resident #253 was
discharged from the facility on 11/15/24.
On 05/28/25 at 12:30 P.M. an interview with the Administrator verified the aforementioned accounting for
Resident #253, and stated Social Security kept making deposits. The Administrator also verified the
notification to Social Security regarding the discharge of Resident #253 did not occur until 05/15/25. The
Administrator also verified the closure of the resident fund account occurred past 30 days post discharge
for Resident #253.
2. Review of resident records for Resident #254 revealed an admission date of 11/07/24 and a discharge
date of 11/09/24. Significant diagnoses included schizoaffective disorder, bipolar type, anxiety, and major
depression. A review of the face sheet for Resident #254 revealed they were their own responsible party.
The face sheet also listed a daughter as power of attorney for financial matters.
A clinical admission note dated 11/07/24 revealed Resident #254 to be alert and oriented to person, place
and time.
A review of the facility document titled Resident Fund Authorization revealed resident #254 authorized the
facility to hold, safeguard and account for personal funds. The document was signed by Resident #254 on
09/30/20.
On 05/28/25 at 11:15 A.M. a review of resident fund accounts revealed on 01/03/25 the facility issued check
#1898 in the amount of $1975.07 to the nursing facility where Resident #254 transferred to on 11/09/24.
On 05/28/25 at 12:30 P.M. an interview with the Administrator revealed the date of 09/30/20 on the fund
authorization for Resident #254 was correct as Resident #254 had transferred from a sister facility that
closed. The Administrator verified the closure of the account for Resident #254 occurred 01/03/25 and past
30 days post discharge.
A review of the document titled Resident admission Agreement revealed on page 20 funds to be disbursed
within 30 days of discharge or death.
A review of the document titled Resident Fund Authorization revealed upon discharge account will be
closed and funds returned.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
365902
If continuation sheet
Page 5 of 9
Printed: 05/15/2026
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
365902
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
05/29/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Meadowbrook Manor
3090 Five Points Hartford
Fowler, OH 44418
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 0604
Ensure that each resident is free from the use of physical restraints, unless needed for medical treatment.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, record review, interview and policy review the facility failed to ensure a bed alarm assessment
was completed prior to implementing a bed alarm for Resident #46. This affected one resident (Resident
#46) of two residents reviewed for bed alarms. The facility identified two residents (#46 and #33) ordered
bed alarms. The facility census was 47.
Residents Affected - Few
Findings include:
A review of medical records for Resident #46 revealed an admission date of 02/20/25 with pertinent
diagnoses including Alzheimer's disease, major depressive disorder, repeated falls, vascular dementia and
anxiety. Significant
Review of physician orders included Buckeye Hospice admission dated 05/27/25 and bed alarm to remind
resident not to get up unassisted dated 05/23/25.
Review of an admission Minimum Data Set (MDS) 3.0 assessment dated [DATE] revealed Resident #46
had severe cognitive impairment. The MDS also revealed a history of falls in the last month prior to
admission. There was no alarm usage noted within the MDS.
Review of the care plan dated 05/30/25 revealed Resident #46 had actual falls. Interventions included
perimeter defined mattress dated 05/18/25 and bed alarm to remind resident not to get up unassisted
dated 05/23/25.
Review of a device decision assessment dated [DATE] for Resident #46 revealed no bed alarm in use and
no need for further restraint assessment.
Further review of the medical record for Resident #46 revealed a device decision assessment had not been
completed for the bed alarm intervention dated 05/23/25.
On 05/28/25 at 2:15 P.M. an observation of Resident #46 revealed them in bed with the bed alarm in use.
On 05/29/25 at 8:15 A.M. an observation of Resident #46 revealed them in bed with the bed alarm in use.
An interview conducted on 05/29/25 at 8:15 A.M. with Licensed Practical Nurse (LPN) #227 verified
Resident #46 was in bed with a bed alarm in use at the time of the observation.
On 05/29/25 at 12:30 P.M. an interview with the Administrator verified the lack of an assessment for bed
alarm use for Resident #46. The Administrator stated it was missed.
A review of the policy titled Physical Restraint Application dated 10/2010 revealed the purpose of the
procedure was to provide safety or postural support of a resident to prevent injury to the resident or others
when the resident has medical symptoms that warrant the use of restraints. The policy also revealed
physical restraints are defined as any manual method or physical or mechanical device, material or
equipment attached or adjacent to the resident's body that the individual cannot remove
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
365902
If continuation sheet
Page 6 of 9
Printed: 05/15/2026
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
365902
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
05/29/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Meadowbrook Manor
3090 Five Points Hartford
Fowler, OH 44418
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 0604
Level of Harm - Minimal harm
or potential for actual harm
easily which restricts freedom of movement. The definition of restraints was based on the functional status
of the resident and not on the device, therefore any device that has the effect on the resident of restricting
freedom of movement or normal access to one's body could be considered a restraint.
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
365902
If continuation sheet
Page 7 of 9
Printed: 05/15/2026
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
365902
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
05/29/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Meadowbrook Manor
3090 Five Points Hartford
Fowler, OH 44418
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 0847
Inform resident or representatives choice to enter into binding arbitration agreement and right to refuse.
Level of Harm - Minimal harm
or potential for actual harm
Based on record review, interviews and observation, the facility did not ensure Resident #1, Resident #20
and Resident #37 were explicitly informed of their right to not sign a binding arbitration agreement and were
given the option to not sign the binding arbitration agreement. This affected three residents (#1, #20 and
#37) out of five residents reviewed for arbitration agreements. The facility identified 35 residents (#1, #2, #3,
#5, #6, #8, #10, #11, #13, #17, #18, #19, #20, #21, #22, #23, #25, #27, #30, #32, #33, #34, #37, #38, #39,
#41, #42, #43, #45, #46, #47, #49, #50, #103, and #104) with a binding arbitration agreement. The facility
census was 47.
Residents Affected - Few
Findings include:
1. Review of the medical record for Resident #37 revealed an admission date of 01/02/25. Diagnoses
included transverse myelitis in demyelinating disease of the central nervous system, type two diabetes,
functional quadriplegia, acute on chronic combined systolic (congestive) and diastolic (congestive) heart
failure, anxiety disorder, and persistent mood disorders.
Review of Resident #37's Minimum Data Set (MDS) 3.0 assessment, dated 04/05/25, revealed the resident
was cognitively intact.
Review of Resident #37 admission paperwork revealed on page 30 of the admission packet was a
document titled Optional Arbitration Agreement which indicated the facility and Resident #37 agreed that
any and all disputes of any kind between the resident and family would be submitted to binding arbitration
and by signing the arbitration agreement the resident and the facility were waiving the right to a jury trial for
any dispute disagreement, controversy, demand, or claim and agree that the arbitrator's decision would
bind both parties and was final. The resident or representative could rescind the agreement within 30 days
from the date of when the agreement was signed. After 30 days, the agreement would remain in effect for
all care and services at the facility. On page 32 of the admission packet, Resident #37 electronically signed
his name on 01/06/25 indicating he had accepted the arbitration agreement. There was no area on the
agreement that gave an option to decline it.
Interview on 05/28/25 at 3:52 P.M. with Resident #37 revealed he knew what an arbitration agreement was,
and the resident hadn't recalled signing an arbitration agreement. He stated he was told nothing about an
arbitration agreement and went on to state he would have liked to have known he was signing an arbitration
agreement because he wouldn't have signed it.
2. Review of the medical record for Resident #20 revealed an admission date of 01/28/25. Pertinent
diagnoses included dementia, injury of head, major depressive disorder, major depressive disorder, and
repeated falls.
Review of quarterly MDS 3.0 assessment, dated 05/07/25, revealed Resident #20 was severely impaired
cognitively. The resident's son was listed as the responsible party.
Review of Resident #20's admission paperwork revealed on page 30 of the admission packet was a
document titled Optional Arbitration Agreement which indicated the facility and Resident #20 agreed that
any and all disputes of any kind between the resident and family would be submitted to binding arbitration
and by signing the arbitration agreement the resident and the facility were waiving the right to a jury trial for
any dispute disagreement, controversy, demand, or claim and agree that the
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
365902
If continuation sheet
Page 8 of 9
Printed: 05/15/2026
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
365902
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
05/29/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Meadowbrook Manor
3090 Five Points Hartford
Fowler, OH 44418
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 0847
Level of Harm - Minimal harm
or potential for actual harm
arbitrator's decision would bind both parties and was final. The resident or representative could rescind the
agreement within 30 days from the date of when the agreement was signed. After 30 days, the agreement
would remain in effect for all care and services at the facility. On page 32 of the admission packet Resident
#20's responsible party electronically signed his name on 02/04/25 indicating he had accepted the
arbitration agreement. There was no area on the agreement that gave an option to decline it.
Residents Affected - Few
3. Review of the medical record for Resident #1 revealed an admission date of 04/04/25. Pertinent
diagnoses included cerebral infarction (stroke), schizophrenia, and attention and concentration deficit.
Review of admission MDS 3.0 assessment, dated 04/11/25, revealed the resident was cognitively intact
and exhibited behavioral symptoms not directed toward others four to six days and rejected care one to
three days during the assessment reference period. Further review of the medical record revealed a
guardian had been appointed for Resident #1.
Review of Resident #1's admission paperwork revealed on page 30 of the admission packet was a
document titled Optional Arbitration Agreement which indicated the facility and Resident #1 agreed that any
and all disputes of any kind between the resident and family would be submitted to binding arbitration and
by signing the arbitration agreement the resident and the facility were waiving the right to a jury trial for any
dispute disagreement, controversy, demand, or claim and agree that the arbitrator's decision would bind
both parties and was final. The resident or representative could rescind the agreement within 30 days from
the date of when the agreement was signed. After 30 days, the agreement would remain in effect for all
care and services at the facility. On page 32 of the admission packet Resident #1's guardian had
electronically signed her name on 04/25/25 indicating she had accepted the arbitration agreement. There
was no area on the agreement that gave an option to decline it.
Interview and observation of the facility electronic admission packet with admission Director (AD) #205
revealed the program being used for the electronic admission packet would have the resident/resident
representative adopt an electronic signature in the beginning and the program would then prompt the
resident/ resident representative where to sign throughout the admission paperwork. She stated the
optional arbitration agreement was included in the admission packet. When reviewing an example of an
electronic admission packet on the admission Director's computer, when it came to the arbitration
agreement, the program prompted the resident/resident representative to sign the arbitration agreement.
There was no option to decline the agreement. AD #205 confirmed there was no option to decline the
arbitration agreement and stated it had been that way since she started in August 2024. She stated in order
for the admission paperwork to be completed, the resident/resident representative would have to sign to
agree to an arbitration agreement. She confirmed Resident #1, Resident #20 and Resident #37 or their
responsible party would have had to sign the arbitration agreement in order for the admission paperwork to
be completed therefore they had no choice but to agree to it.
Interview on 05/29/25 at 10:41 A.M. with the Administrator revealed she had been made aware that there
was no option to decline the arbitration agreement when it was signed electronically and in order for the
admission paperwork to be completed the person had to sign to agree to the arbitration agreement.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
365902
If continuation sheet
Page 9 of 9