Rule/Regulation Violated:
A.R.S. § 36-424. Inspections; suspension or revocation of license; report to board of examiners of nursing care institution administrators and assisted living facility managers
C. On a determination by the director that there is reasonable cause to believe a health care institution is not adhering to the licensing requirements of this chapter, the director and any duly designated employee or agent of the director, including county health representatives and county or municipal fire inspectors, consistent with standard medical practices, may enter on and into the premises of any health care institution that is licensed or required to be licensed pursuant to this chapter at any reasonable time for the purpose of determining the state of compliance with this chapter, the rules adopted pursuant to this chapter and local fire ordinances or rules. Any application for licensure under this chapter constitutes permission for and complete acquiescence in any entry or inspection of the premises during the pendency of the application and, if licensed, during the term of the license. If an inspection reveals that the health care institution is not adhering to the licensing requirements established pursuant to this chapter, the director may take action authorized by this chapter. Any health care institution, including an accredited hospital, whose license has been suspended or revoked in accordance with this section is subject to inspection on application for relicensure or reinstatement of license.
Evidence/Findings:
Based on documentation review, observation, and interview, the licensee failed to provide complete acquiescence in an inspection of the health care institution in an effort to ascertain if they were in substantial compliance with the requirements of this chapter and the rules established, during the term of the license. The deficient practice posed a risk as the Department was unable to determine substantial compliance.
Findings include:
1. A review of the Department documentation revealed the facility's perpetual license was effective on March 14, 2024.
2. The Compliance Officer arrived at the facility on October 29, 2024, at approximately 2:00 p.m., to conduct a complaint investigation. The Compliance Officer was informed the licensed manager and Executive Director E1 was in a meeting. The Compliance Officer was escorted into E1's office where he waited approximately 10-15 minutes whereupon E1 entered.
3. At approximately 2:25 p.m., the Compliance Officer and E1 began discussing the reason for the inspection. The Compliance Officer requested to review the incident report and investigative report pertaining to the complaint. E1 opened a document on her desktop computer, and advised the document represented a "summary" of the investigation into the matter. E1 provided the document as evidence of documentation of E1's investigation into the matter. E1 also provided a charting note as evidence of the requested incident report. The Compliance Officer made a second request for production of the incident report and investigative report, however E1 refused to provide the documents, citing company policy. The Compliance Officer reminded E1 of State statute and rules governing and regulating health care institutions required such facilities to comply with producing requested documents (see A.R.S. 36-406.1.c and A.A.C. R9-10-803.E). The Compliance Officer made another request for E1 to produce the documents, and again the licensed manager refused, indicating it was the company ' s policy such documents were internal records and were not to be made available for review. The Compliance Officer requested E1 call her supervisor to discuss the matter further, however she refused to do so.
4. At 2:35 p.m., the Compliance Officer made a formal written request to review all incident reports for the month of October, 2024, any investigative reports pertaining to alleged abuse neglect or exploitation of a resident, the facility ' s fall prevention and recovery program, the facility's Quality Management report to the governing authority and the facility's Quality Management program.
5. In an interview, E1 identified the caregiver, E2, involved in the complaint and confirmed the identity of the resident involved, R1. The Compliance Officer made an additional request to review the resident's service plan and E2's personnel record. In addition, the Compliance Officer requested to review E2's caregiver certificate and verification of skills and knowledge, the facility's "Quality Management Plan" as identified in the facility's Quality Management policy, the facility's policy on verifying a caregiver's skills and knowledge, and R1's progress notes for October 12 through 20, 2024.
6. The Compliance Officer made another request of E1 to produce the incident report and investigative report. E1 again refused to produce the records upon advice of counsel. At 3:20 p.m., the Bureau of Assisted Living Facilities Licensing Deputy Bureau Chief, O1, spoke with E1 telephonically, informing E1 of the Arizona Revised Statutes requiring health care institutions to produce documents requested by the licensing department (see A.R.S. 36-406.1.c and A.A.C. R9-10-803.E). O1 also advised E1 of the statute pertaining to acquiescence, and the potential consequences of total acquiescence, up to and including formal enforcement action. E1 indicated she would contact her supervisor and the facility's legal counsel to request they give permission to produce the requested records.
7. At approximately 4:40 p.m., E1 advised that E1 was given permission to produce the requested incident report and investigative report pertaining to the investigation. The Compliance Officer informed E1 that the exit interview would commence and conclude the portion of the investigation, but would wait while E1 retrieved the records. However, at 4:55 p.m., E1 had still not produced the requested reports, nor had E1 produced the Quality Management report to the governing authority, the Quality Management Plan, all incident reports for the month of October, all investigative reports pertaining to any allegations of abuse, neglect or exploitation of a resident for the month of October.
8. Shortly after 4:55 p.m., the Compliance officer approached E1 outside E1's office where E1 was observed making photocopies. The Compliance Officer advised the exit interview would commence as E1 had still not produced the requested information. The exit interview was conducted, E1 was informed of the Compliance Officer's findings and the investigation was concluded at approximately 5:05 p.m. on October, 29, 2024.
Summary:
On October 9, 2025, an off-site desktop review to remove directed care services from the license was completed.