Rule/Regulation Violated:
R9-10-803.J.1-6. Administration<br> 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: <br>1. If applicable, take immediate action to stop the suspected abuse, neglect, or exploitation; <br>2. Report the suspected abuse, neglect, or exploitation of the resident according to A.R.S. § 46-454; 3. Document: <br>a. The suspected abuse, neglect, or exploitation; <br>b. Any action taken according to subsection (J)(1); and <br>c. The report in subsection (J)(2); <br>4. Maintain the documentation in subsection (J)(3) for at least 12 months after the date of the report in subsection(J)(2); <br>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): <br>a. The dates, times, and description of the suspected abuse, neglect, or exploitation; <br>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; <br>c. The names of witnesses to the suspected abuse, neglect, or exploitation; and <br>d. The actions taken by the manager to prevent the suspected abuse, neglect, or exploitation from occurring in the future; and <br>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:
<p><span style="font-size: 16pt;">Based on documentation review and interview, the manager failed to immediately report suspected abuse according to A.R.S. § 46-454. </span></p><p><span style="font-size: 16pt;"> </span></p><p><br></p><p><span style="font-size: 16pt;">Findings include:</span></p><p><span style="font-size: 16pt;"> </span></p><p><br></p><p><span style="font-size: 16pt;">1. A.R.S. § 46-454(A) stated "...other person who has responsibility for the care of a vulnerable adult and who has a reasonable basis to believe that abuse, neglect or exploitation of the adult has occurred shall immediately report or cause reports to be made of such reasonable basis to a peace officer or to the adult protective services central intake unit ... All of the above reports shall be made immediately by telephone or online."</span></p><p><span style="font-size: 16pt;"> </span></p><p><br></p><p><span style="font-size: 16pt;">2. A.R.S. § 46-454(B) stated "If an individual prescribed in subsection A of this section is an employee or agent of a health care institution as defined in section 36-401 and the health care institution's procedures require that all suspected abuse, neglect and exploitation be reported to adult protective services as required by law..."</span></p><p><span style="font-size: 16pt;"> </span></p><p><br></p><p><span style="font-size: 16pt;">3. R9-10-101.110 stated "Immediate" means without delay.</span></p><p><span style="font-size: 16pt;"> </span></p><p><br></p><p><span style="font-size: 16pt;">4. A review of R1’s medical record revealed a document titled “Investigation” dated August 4, 2025, which reflected a resident-to-resident physical altercation. The document reported “appropriate state and law enforcement agencies were notified”.</span></p><p><span style="font-size: 16pt;"> </span></p><p><br></p><p><span style="font-size: 16pt;">5. A review of the facility’s documentation revealed a document titled “ADHS complaint-Health Care Facility Complaint” dated August 4, 2025, which reflected that no other agency was notified.</span></p><p><span style="font-size: 16pt;"> </span></p><p><br></p><p><span style="font-size: 16pt;">6. In an interview, E1 reported that the Department was the only agency notified of the resident-to-resident altercation. E1 acknowledged that a peace officer or the adult protective services central intake unit was not contacted via telephone or email.</span></p>
Permanent Solution:
Manager will ensure that Adult Protected Services or a peace officer is notified of any abuse, neglect, or exploitation.
Summary:
The following deficiencies were found during the on-site investigation of complaint 00138582 conducted on August 6, 2025: