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 observation, interview, and documentation review, after the manager had a reasonable basis, according to A.R.S. \'a7 46-454, to believe abuse had occurred on the premises, the manager failed to document the suspected abuse, maintain the documentation in subsection (J)(3) for at least 12 months after the date of the report in subsection (J)(2), including the dates, times, and description of the suspected abuse, a description of any injury to the resident related to the suspected abuse, any change to the resident's physical, cognitive, functional, or emotional condition, the names of witnesses to the suspected abuse, and actions taken by the manager to prevent the suspected abuse; and maintain a copy of the documentation required in subsection (J)(5) for at least 12 months after the date the investigation was initiated. The deficient practice posed a risk if the facility did not take any action to stop suspected abuse of a resident.
Findings include:
1. During the environmental inspection of the facility, the Compliance Officer observed R1 to have a bandage on top of R1's head and a black eye.
2. In an interview, R1 reported E2 dragged R1 out of bed, and as a result R1's head hit the floor. R1 stated the incident was reported to the other caregivers E3 and E4.
3. A review of facility documentation revealed there was no documentation that included the dates, times, and description of the suspected abuse, a description of any injury to the resident related to the suspected abuse, any change to the resident's physical, cognitive, functional, or emotional condition, the names of witnesses to the suspected abuse, and actions taken by the manager to prevent the suspected abuse.
4. In an interview, E3 reported R1 reported the aforementioned incident. E3 acknowledged there was no report submitted to Adult Protective Services (APS) regarding R1's allegations nor documentation of an investigation.
5. In an interview, E2 denied the allegations reported by R1. E2 acknowledged R1 reported the allegations to E3 and E4. E2 acknowledged there was no report submitted to APS regarding R1's allegations nor documentation of an investigation
Summary:
The following deficiencies were found during the on-site compliance inspection conducted on November 20, 2023: