Evidence/Findings:
<p>Based on documentation review, record review, and interview, the governing authority failed to ensure compliance with Arizona Revised Statutes (A.R.S.) § 36-411(A) and (C), for five of nine sampled personnel members. The deficient practice posed a risk if the employees were a danger to a vulnerable population.</p><p><br></p><p><br></p><p>Findings include:</p><p><br></p><p><br></p><p>1. A.R.S. § 36-411(A) states: "A. Except as provided in subsection F of this section, as a condition of licensure or continued licensure of a residential care institution, a nursing care institution or a home health agency and as a condition of employment in a residential care institution, a nursing care institution or a home health agency, employees and owners of residential care institutions, nursing care institutions or home health agencies, contracted persons of residential care institutions, nursing care institutions or home health agencies or volunteers of residential care institutions, nursing care institutions or home health agencies who provide medical services, nursing services, behavioral health services, health-related services, home health services or direct supportive services and who have not been subject to the fingerprinting requirements of a health professional's regulatory board pursuant to title 32 shall have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card within twenty working days after employment or beginning volunteer work or contracted work."</p><p><br></p><p><br></p><p>2. A.R.S. § 36-411(C)(2) and (4) states: "C. Each residential care institution, nursing care institution and home health agency shall make documented, good faith efforts to: 2. Verify the current status of a person's fingerprint clearance card… 4. On or before March 31, 2025, verify that each employee is not on the adult protective services registry pursuant to section 46-459.”</p><p><br></p><p><br></p><p>3. A review of facility documentation revealed a policy and procedure (P&P) titled "FINGERPRINT" dated January 10, 2024. The P&P stated: "Owner or Manager of this assisted living facility must require prospective employee to obtain fingerprint clearance, and must make efforts to verify with the Department of Public Safety (DPS) the status of prospective employee’s fingerprint clearance card…The Manager shall obtain documentation of fingerprint clearance for every individual employee or volunteer who works in the facility…The fingerprint card must be current and valid…The timeframe for renewal of Fingerprint shall be monitored."</p><p><br></p><p><br></p><p>4. A review of E1's personnel record revealed E1 was hired as the manager. The review revealed a photocopy of E1’s fingerprint clearance card (FCC) with the card number and expiration date circled in pen. However, the review revealed the FCC expired on October 18, 2024. The review revealed a printout from the DPS website which indicated E1 applied for a second FCC on November 7, 2024, after E1’s previous FCC expired. The review further revealed a photocopy of a second FCC, dated as issued on January 6, 2025, more than two months after E1’s previous FCC expired</p><p><br></p><p><br></p><p>5. A review of the DPS website confirmed E1's first FCC expired on October 18, 2024; E1 reapplied on November 7, 2024; and E1’s current FCC was issued on January 6, 2025, and was valid.</p><p><br></p><p><br></p><p>6. In an interview, E1 acknowledged E1’s FCC had been expired for more than two months.</p><p><br></p><p><br></p><p>7. A review of E4’s personnel records revealed E4 was hired as a housekeeper. The review revealed a note which stated E4 “Needs Fingerprint card [and] verification.” The review revealed E4’s current FCC and a printout from the DPS website. However, the printout revealed facility personnel did not verify E4’s FCC until August 24, 2024, more than one year after E4’s starting date of employment. The review further revealed no documentation demonstrating facility personnel made documented, good faith efforts to verify that E4 was not on the adult protective services (APS) registry.</p><p><br></p><p><br></p><p>8. A review of the APS registry website revealed E4 was not on the registry.</p><p><br></p><p><br></p><p>9. In an interview, E3 stated E5 was "sometimes used to transport residents.” E6 reported E5 starting transporting residents several weeks before the date of the inspection. E6 reported E5 had worked for an in-home caregiving company owned by the same individual as this facility and had not needed a FCC for that job. E6 reported E5 was in the process of getting a FCC.</p><p><br></p><p><br></p><p>10. A review of facility documentation revealed a personnel schedule which indicated E5 worked several shifts in December 2024, contrary to E3’s statement.</p><p><br></p><p><br></p><p>11. A review of E5’s personnel record revealed E5 worked as a driver. The review revealed an undated and unsigned application for a FCC with an incomplete application number (i.e. missing the last digit). The review revealed a form containing prints of E5’s fingerprints dated March 10, 2021. However, the review revealed no current FCC or documentation demonstrating facility personnel made documented, good faith efforts to verify the status of E5’s FCC. The review further revealed no documentation demonstrating facility personnel made documented, good faith efforts to verify that E5 was not on the APS registry.</p><p><br></p><p><br></p><p>12. A review of the DPS website revealed E5 first applied for a FCC on January 6, 2020, but was denied on February 14, 2020. Upon testing all potential application numbers, the website revealed E5 did not submit the aforementioned application. The website confirmed E5 did not have a FCC.</p><p><br></p><p><br></p><p>13. A review of the APS registry website revealed E5 was not on the registry.</p><p><br></p><p><br></p><p>14. A review of E7's personnel record revealed E7 was hired as a caregiver in 2022. The review revealed a photocopy of E7’s FCC, dated as expired on January 5, 2023, and a printout from the DPS website which indicated E7 applied for a second FCC on January 19, 2023. However, the printout stated DPS was “Waiting On Applicant Fingerprints.” The review revealed another printout from the DPS website, dated May 19, 2023, which stated DPS was still “Waiting On Applicant Fingerprints.” The review revealed a receipt for fingerprinting services dated May 22, 2023, and a form containing prints of E7’s fingerprints. The form included a handwritten note which stated “Had to Redo prints [as] the last ones mailed in where [<em>sic</em>] not ledgable [<em>sic</em>]. The review revealed a checklist dated 2024 which indicated E7’s FCC was needed. The review revealed facility personnel did not verify E7’s FCC upon hire. The review further revealed no current valid FCC for E7.</p><p><br></p><p><br></p><p>15. A review of the DPS website revealed E7's first FCC expired on January 5, 2023, and E7 reapplied on February 13, 2025. The website further revealed E7’s current FCC was issued on February 21, 2025, (after E7’s ending date of employment) and was valid.</p><p><br></p><p><br></p><p>16. A review of E8's personnel record revealed E8 was hired as a caregiver. The review revealed several hire dates for E8, ranging from 2015 to 2024. The review revealed a printout from the DPS website dated June 6, 2022. The printout revealed E8 applied for a FCC on July 31, 2013. However, the printout stated E8’s FCC was “Not Valid.” The review revealed E8 was most recently hired in 2024 and facility personnel did not verify E8’s FCC upon E8’s most recent hire date. The review further revealed E8 did not have a valid FCC for the entirety of each of E8’s documented terms of employment at this facility.</p><p><br></p><p><br></p><p>17. A review of the DPS website revealed the following:</p><p><br></p><p>- E8's first FCC expired on May 25, 2013;</p><p><br></p><p>- E8 reapplied on July 31, 2013, and the “Current Status” of the application/FCC was “Invalid;”</p><p><br></p><p>- E8 reapplied for a second time on October 16, 2018, and the “Current Status” of the application/FCC was “Invalid;” and</p><p><br></p><p>- E8 reapplied for a third time on February 23, 2023, and the “Current Status” of the application/FCC was “Application Complete - Results mailed to applicant.”</p><p><br></p><p><br></p><p>18. A review of Department documentation revealed a letter from a representative of the Fingerprint Program at the Arizona Department of Health Services Bureau of Special Licensing dated April 22, 2019. The review revealed the letter was sent to AL11108 Gems Assisted Living LLC (a facility owned by the same owner as this facility). The letter stated: “You are hereby notified that a Fingerprint Clearance Card for [E8] was SUSPENDED by the Arizona Department of Public Safety. You must notify your respective ADHS licensing bureau within 14 calendar days confirming the above individual has either: 1. Been suspended or terminated to prevent [E8] from having contact with persons receiving services from your agency; or 2. If eligible, petitioned the Arizona Board of Fingerprinting for a Good Cause Exception; and, provided your agency with a copy of [E8’s] complete application for a Good Cause Exception.” The review revealed a second letter from a representative of the Fingerprint Program at the Arizona Department of Health Services Bureau of Special Licensing, dated March 22, 2023. The review revealed the letter was sent to a representative of this facility. The letter stated: “You are hereby notified that a Fingerprint Clearance Card for [E8] was DENIED by the Arizona Department of Public Safety. You must notify your respective ADHS licensing bureau within 14 calendar days confirming the above individual has either: 1. Been suspended or terminated to prevent [E8] from having contact with persons receiving services from your agency; or 2. If eligible, petitioned the Arizona Board of Fingerprinting for a Good Cause Exception; and, provided your agency with a copy of [E8’s] complete application for a Good Cause Exception.” The review further revealed facility personnel made no such notifications to ADHS.</p><p><br></p><p><br></p><p>19. In an interview, E1 acknowledged the facility was not in compliance with this rule.</p>
Summary:
The following deficiencies were found during the on-site compliance inspection and investigation of complaints 00107544, 00108033, and 00124025 conducted on April 9, 2025: