F 0624
Prepare residents for a safe transfer or discharge from the nursing home.
Level of Harm - Minimal harm
or potential for actual harm
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
record review, interview, review of court documents, review of the Statement of Expert Evaluation, review of
a police report, and facility policy review, the facility failed to prevent an unauthorized leave of absence
(LOA) and subsequent discharge of Resident #78 who had a Protection Service Order (PSO) in place from
a case brought by Adult Protective Services (APS). This affected one resident (#78) of three residents who
were reviewed for discharge. The facility census was 76.
Residents Affected - Few
Findings Include:
Review of the medical records for Resident #78 revealed an admission date of 01/29/24 and a discharge
date of 02/12/24 with diagnoses including hypertension and Alzheimer's dementia.
Review of a sworn affidavit in Resident #78 medical records dated 01/09/24 completed by an APS social
worker revealed Resident #78 suffers from dementia and is frail and unsteady on her feet. It also revealed
Resident #78 was unable to state what to do in an emergency. Impairments of short- and long-term
memory were noted. The home was cluttered with severe bug infestation. There was no food in the
refrigerator or freezer. Resident #78 stated that daughters are emotionally and verbally abusive. Money has
been used by others without permission and bills have not been paid. There was an electric bill notice of
shut off.
Review of the court document titled Cuyahoga County Division of Senior and Adult Services (CCDSAS)
case number 2024 ADV dated 01/17/24 stated upon petition of the CCDSAS, for an order authorizing the
provision of Protective Services pursuant to Ohio Revised Code (O.R.C.) 5101.68 for [Resident #78]. The
court finds by clear and convincing evidence that Resident #78 is in need of protective services, is
incapacitated and that there is no person authorized by law or court order to give consent or is willing to
consent to said protective services. Therefore, it is ordered that the Director of CCDSAS or his/her
designee, shall be authorized to give consent for said adult for protective services. It is further ordered that
the Director of CCDSAS, Adult Senior Protective Services or his/her designee shall have authority to
consent to an evaluation and/or medical treatment as may be ordered by the adult's physician, and nursing
home admission and authority is given for purposed of completing/assisting with any and all forms of
associated with obtaining Medicare and/or Medicaid. It is further ordered that all persons be restrained from
interfering with this order and the provision of protective services of the adult. It is further ordered that the
adult be transported and admitted to the nearest hospital from her residence for a complete medical and
geriatric-psychiatric examination to determine is she has capacity and to determine her care needs and for
care and treatment as prescribed by his/her attending physician and for placement to other appropriate
placement as determined by CCDSAS, APS. The adult is to be discharged to an appropriate care facility.
This judgement will be effective from 01/17/24 and for six-month period unless otherwise ordered by this
court.
(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 6
Event ID:
366488
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
366488
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
03/04/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avenue at Lyndhurst
5442 Rae Road
Lyndhurst, OH 44124
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 0624
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Review of the hospital referral dated 01/19/24 at 10:24 A.M. revealed the post-acute discharge plan:
[Resident #78] was brought to the Emergency Department (ED) by APS social worker. Per ED note, the
resident was financially exploited by her daughters, one of who she lives with. There is a PSO in the
physical chart; stating that the resident is incapacitated; however, requesting a psychiatric exam to
determine capacity. The resident is pending state guardianship. Courts would like for the resident to be
placed in a skilled nursing facility (SNF). APS is the temporary decision maker moving forward in this case
until a guardian is appointed. Resident #78 will need SNF placement pending evaluations as she cannot
return to recent livening environment.
Review of the Statement of Expert Evaluation dated 01/19/24 to 01/22/24 Resident #78 was physically
impaired, unable to ambulate independently, reports of exploitation from APS, possible exploitation from
caregivers, and is cognitively impaired and cannot adequately assess or make decisions about housing or
care. The resident is not capable of managing finances and property due to impaired cognition and
memory. Guardianship should be established/continued.
Review of the physician's order dated 01/30/24 included Resident #78 may leave the facility for field trips.
A review of Resident #78's face sheet listed an APS worker as first contact.
Review of the admission Minimum Data Set (MDS) assessment dated [DATE] revealed a Brief Interview of
Mental Status (BIMS) score of 12 out of 15, indicating Resident #78 was moderately cognitively impaired.
Review of the Nurse Practitioner progress note dated 02/06/24 revealed Resident #78 recently admitted to
the facility from the hospital after being admitted for psychiatric/geriatric evaluation due to an APS consult.
Resident #78 was being financially exploited by family and a pastor. She is currently pending guardianship.
The impression and plan stated guardianship pending.
A progress note dated 02/13/24 revealed that the charge nurse advised the Director of Nursing (DON) that
Resident #78 had signed out of the facility at 6:00 P.M. on 02/12/24 with her daughter. Resident #78 stated
she was going to dinner. Attempts were made to contact daughter in order to locate Resident #78, but the
calls were unanswered and there was no voicemail box available. The progress note also revealed that
Resident #78 had an APS case worker. The DON and Social Service Director (SSD) #214 contacted the
APS supervisor on file. The DON spoke with local police officer as well and provided legal documents
regarding court order. Police officer stated resident is alert and oriented and has a BIMS of 12. Police
officer states resident was able to leave with daughter and is not considered missing therefore, their
involvement is not needed at this time. Police will update facility if any new information becomes available.
A police report, incident number 202400826, dated 02/13/24 revealed the police were called at 12:31 P.M.
The DON stated to them Resident #78 had a court order to be at facility. Stated daughter checked her out
last night. Police were advised by the APS supervisor that he was the only one able to check resident out of
facility. Family was called and not aware the resident was not allowed to leave facility. The resident was
picked up from home and transported back to the facility. The police were informed by the DON that they
could not accept Resident #78 due to there being no payment information for her since she was discharged
on 02/12/24. APS was contacted. Resident #78 was to be transported to the hospital. Resident #78 was
transported back to the police station where she was checked by Emergency Medical Services (EMS). She
was then transported by EMS to the local hospital.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
366488
If continuation sheet
Page 2 of 6
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
366488
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
03/04/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avenue at Lyndhurst
5442 Rae Road
Lyndhurst, OH 44124
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 0624
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
On 03/04/24 at 9:25 A.M., an interview with the DON revealed Resident #78 left the faciity on [DATE] with
family to go out to dinner and did not return. The DON tried multiple times to contact family but there were
no return calls nor was a voicemail box available. The DON then contacted APS and they advised her to
call the police. The DON stated there was nothing in protective order that stated Resident #78 could not
leave the facility. The DON stated she was not aware until after four days of Resident #78 being admitted
that a PSO was in place. The DON also stated Resident #78 was not permitted back in building when
returned by the police because resident had been gone over 24 hours and there was no medical need. At
2:00 P.M. the DON stated Resident #78 was not able to return to building due to no listed payer source.
On 03/04/24 at 12:33 P.M. an interview with the Admissions and Marketing Assistant #222 revealed that
she took the referral from the hospital for Resident #78 via a computerized system and verified that APS
involvement was on the referral.
On 03/04/24 at 12:55 an interview with Regional Nurse Consultant revealed Resident #78 did not have
APS listed as guardian, and Resident #78 was only going out to dinner. Stated Resident #78 was not
re-admitted as she was gone over 24 hours.
On 03/04/24 at 1:45 P.M. an interview with APS revealed a PSO grants APS temporary decision making.
APS follows and does not close case until a guardian is appointed. The APS worker stated she was notified
that skilled days were up, and the facility was going to work with them until Medicaid could be obtained. At
that point the PSO was provided to facility. Resident #78 is currently in another SNF, and a guardianship
court date is set for 03/12/24.
A review of the facility policy titled, Admission, Transfer and Discharge, dated November 2022, revealed a
resident can be transferred or discharged :
•
If the transfer or discharge is necessary for the resident's welfare and his/her needs cannot be met in the
healthcare facility.
•
If the resident's health has sufficiently improved so that the resident no longer needs the services of the
health care facility.
•
If the safety and health of other residents within the health care facility is endangered.
•
If the resident has failed, after reasonable and appropriate notice, to pay for a stay in the health care facility.
•
The facility will assure that sufficient preparation and orientation is provided to the resident
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
366488
If continuation sheet
Page 3 of 6
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
366488
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
03/04/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avenue at Lyndhurst
5442 Rae Road
Lyndhurst, OH 44124
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 0624
for a safe and orderly transfer or discharge.
Level of Harm - Minimal harm
or potential for actual harm
This deficiency represents non-compliance investigated under Master Complaint Number OH00151203.
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
366488
If continuation sheet
Page 4 of 6
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
366488
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
03/04/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avenue at Lyndhurst
5442 Rae Road
Lyndhurst, OH 44124
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 0626
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Permit a resident to return to the nursing home after hospitalization or therapeutic leave that exceeds
bed-hold policy.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
record review, interview, review of hospital records, review of a police report, and facility policy review, the
facility failed to permit Resident #78, who had a Protection Service Order (PSO) in place from a case
brought by Adult Protective Services (APS), to return to the facility after an unauthorized leave of absence
(LOA) with family. This affected one resident (#78) of three residents reviewed for discharge. The facility
census was 76.
Findings Include:
A review of medical records for Resident #78 revealed an admission date of 01/29/24 and a discharge date
of 02/12/24 with diagnoses including hypertension and Alzheimer's dementia.
Review of hospital record reviews revealed an emergency room record dated 01/19/24 revealed Resident
#78 was there for evaluation and guardianship. There were social and financial concerns. A psychiatry
evaluation dated 01/22/24 while Resident #78 was in the hospital revealed Resident #78 lacked capacity to
make own medical decisions, had moderate cognitive and memory impairment, poor understanding of
domestic and financial situation. An Expert Evaluation dated 01/22/24 while Resident #78 was hospitalized
revealed the resident was physically impaired, there were allegations of exploitation made by APS,
exploitation by caregivers, cognitive impaired, and cannot adequately assess or make decisions about care
and that guardianship should be established. APS was temporary decision maker until a guardian can be
appointed.
Review of the physician's order dated 01/30/24 included Resident #78 may leave the facility for field trips.
A review of Resident #78's face sheet listed an APS worker as first contact.
Review of the admission Minimum Data Set (MDS) assessment dated [DATE] revealed a Brief Interview of
Mental Status (BIMS) score of 12 out of 15, indicating Resident #78 was moderately cognitively impaired.
Review of the Nurse Practitioner progress note dated 02/06/24 revealed Resident #78 recently admitted to
the facility from the hospital after being admitted for psychiatric/geriatric evaluation due to an APS consult.
Resident #78 was being financially exploited by family and a pastor. She is currently pending guardianship.
The impression and plan stated guardianship pending.
A progress note dated 02/13/24 revealed that the charge nurse advised the Director of Nursing (DON) that
Resident #78 had signed out of the facility at 6:00 P.M. on 02/12/24 with her daughter. Resident #78 stated
she was going to dinner. Attempts were made to contact daughter in order to locate Resident #78, but the
calls were unanswered and there was no voicemail box available. The progress note also revealed that
Resident #78 had an APS case worker. The DON and Social Service Director (SSD) #214 contacted the
APS supervisor on file. The DON spoke with Lyndhurst police officer as well and provided legal documents
regarding court order. Police officer stated resident is alert and oriented and has a BIMS of 12. Police
officer states resident was able to leave with daughter and is not considered missing therefore, their
involvement is not needed at this time. Police will update facility if any new information becomes available.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
366488
If continuation sheet
Page 5 of 6
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
366488
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
03/04/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Avenue at Lyndhurst
5442 Rae Road
Lyndhurst, OH 44124
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 0626
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
A police report, incident number 202400826, dated 02/13/24 revealed the police were called at 12:31 P.M.
The DON stated Resident #78 had a court order to be at the facility, and the resident's daughter checked
her out last night. Police were advised by the APS supervisor that he was the only one able to check
resident out of facility. Family was called and stated they were not aware that the resident was not allowed
to leave the facility. The resident was picked up from home and transported back to the facility. Upon arrival,
the police were informed by the DON that they could not accept Resident #78 due to there being no
payment information for her since she was discharged . APS was contacted. Resident #78 was to be
transported to the hospital. Resident #78 was transported back to the police station where she was
checked by Emergency Medical Services (EMS) and then transported by EMS to the local hospital.
On 03/04/24 at 9:25 A.M., an interview with the DON revealed Resident #78 left the faciity on [DATE] with
family to go out to dinner and did not return. The DON tried multiple times to contact family but there were
no return calls nor was a voicemail box available. The DON then contacted APS and they advised her to
call the police. The DON stated there was nothing in protective order that stated Resident #78 could not
leave the facility. The DON stated she was not aware until after four days of Resident #78 being admitted
that a PSO was in place. The DON also stated Resident #78 was not permitted back in building when
returned by the police because resident had been gone over 24 hours and there was no medical need. At
2:00 P.M. the DON stated Resident #78 was not able to return to building due to no listed payor source.
On 03/04/24 at 12:33 P.M. an interview with the Admissions and Marketing Assistant #222 revealed that
she took the referral from the hospital for Resident #78 via a computerized system and verified that APS
involvement was on the referral.
On 03/04/24 at 12:55 an interview with Regional Nurse Consultant revealed Resident #78 did not have
APS listed as guardian, and Resident #78 was only going out to dinner. Stated Resident #78 was not
re-admitted as she was gone over 24 hours.
On 03/04/24 at 1:45 P.M. an interview with APS revealed a PSO grants APS temporary decision making.
APS follows and does not close case until a guardian is appointed. The APS worker stated she was notified
that skilled days were up, and the facility was going to work with them until Medicaid could be obtained. At
that point the PSO was provided to facility. Resident #78 is currently in another SNF, and a guardianship
court date is set for 03/12/24.
A review of the facility policy titled, Leave of Absence, dated October 2022, revealed a Physician order will
be obtained for a resident requesting LOA from the facility regardless of length. If the physician objects to
the resident leaving the facility, then resident will be leaving against medical advice. Nothing in the policy
stated if a resident is out after midnight they are discharged .
This deficiency represents non-compliance investigated under Master Complaint Number OH00151203.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
366488
If continuation sheet
Page 6 of 6