Rule/Regulation Violated:
J. If a manager has a reasonable basis, according to A.R.S. § 46-454 , to believe abuse, neglect or exploitation has occurred on the premises or while a resident is receiving services from an assisted living facility's manager, caregiver, or assistant caregiver, the manager shall:
1. If applicable, take immediate action to stop the suspected abuse, neglect, or exploitation;
2. Report the suspected abuse, neglect, or exploitation of the resident according to A.R.S. § 46-454;
3. Document:
a. The suspected abuse, neglect, or exploitation;
b. Any action taken according to subsection (J)(1); and
c. The report in subsection (J)(2);
4. Maintain the documentation in subsection (J)(3) for at least 12 months after the date of the report in subsection(J)(2);
5. Initiate an investigation of the suspected abuse, neglect, or exploitation and document the following information within five working days after the report required in subsection (J)(2):
a. The dates, times, and description of the suspected abuse, neglect, or exploitation;
b. A description of any injury to the resident related to the suspected abuse or neglect and any change to the resident's physical, cognitive, functional, or emotional condition;
c. The names of witnesses to the suspected abuse, neglect, or exploitation; and
d. The actions taken by the manager to prevent the suspected abuse, neglect, or exploitation from occurring in the future; and
6. Maintain a copy of the documented information required in subsection (J)(5) for at least 12 months after the date the investigation was initiated.
Evidence/Findings:
Based on documentation review and interview, the manager failed to ensure if a manager had a reasonable basis, according to Arizona Revised Statutes (A.R.S.) \'a7 46-454, to believe abuse, neglect, or exploitation had occurred on the premises, the manager complied with all the requirements in Arizona Administrative Code (A.A.C.) R9-10-803(J). The deficient practice posed a risk to the health and safety of residents at the facility if abuse, neglect, or exploitation was not investigated.
Findings include:
1. A review of facility documentation revealed an incident report completed by E1 involving an unnamed employee and R2. The incident took place on February 6, 2023. The incident report description stated, "While dressing resident, 'employee kept rubbing residents' stomach like a dog." However, the incident report did not document the actions taken according to subsection (J)(1), the names of the witnesses who reported the incident, and the actions taken by the manager to prevent the suspected abuse, neglect, or exploitation from occurring in the future. Furthermore, the incident report included a section titled "Actions Taken," however, this section was not completed.
2. A review of facility documentation revealed an incident report completed by E7 involving E8 and R6. The incident took place on April 17, 2023. The incident report description stated: "[E7] walked into [R6's apartment] and into the bathroom. [E7] saw [R6] sitting on the floor in the shower wearing pants and sneakers [while another] associate [E8 was] holding shower head handle with water running pointed towards [R6]." The incident report documented R6 stated, "Stop, get away from me, I don't want you in here." However, the incident report did not document the actions taken according to subsection (J)(1), and the actions taken by the manager to prevent the suspected abuse, neglect, or exploitation from occurring in the future. The incident report included a section titled "Actions Taken", however, the documentation indicated local police and other regulatory agencies were not contacted as required in A.R.S. \'a7 46-454.
3. A review of the facility's digital policies and procedures revealed a policy titled, "Abuse & Neglect Reporting Policy." The policy stated: "It is the policy of Senior Lifestyle to ensure that all reporting of abuse and neglect is handled in accordance with state rules and regulations. This policy will ensure that proper reporting procedures are followed when a case of abuse, neglect, or exploitation is reported...Residents must not be subjected to abuse, neglect, or mistreatment by anyone, including, but not limited to facility or agency staff, other residents, family members or other visitors." However, the policy revealed no procedures for contacting local police and Adult Protective Services (APS).
4. In an interview regarding the incident reports, E2 reported there were additional documents for internal use only and E2 did not have access to them. In a later interview, E1 reported E1 would have to look into the incident reports. E1 and E2 acknowledged the facility's incident reports were not completely filled out and did not include the actions taken according to subsection (J)(1), the names of the witnesses who reported the incident, the actions taken by the manager to prevent the suspected abuse, neglect, or exploitation from occurring in the future, and the actions taken to report suspect abuse to local police and APS.
Summary:
No deficiencies were found during the on-site investigation of complaint 00142023 conducted on September 26, 2025.