8
Findings
above the state median of 6
3
Repeat findings
cited at the previous review too
August 29, 2024
Last state review

Massachusetts inspects every assisted living residence at least once every two years. At its most recent compliance review on August 29, 2024, the state cited 8 findings at Giving Tree Senior Living. 3 of them had already been cited at the previous review. Across the 145 Massachusetts residences with a published report, the median is 6.

This page covers one review, not a history, and it is not a score or a ranking. A finding means the state identified something the residence has to correct; it does not on its own mean a resident was harmed. The state does not publish what happened after this review, so a finding listed here may since have been fixed. Where the state withheld private details, such as a resident's medication or the date of an incident, the text reads [redacted].

Facility details

Owner
Giving Tree Senior Living, LLC
Action taken
Plan of correction required
Initial certification
7/30/2020
Current certification
Deemed certified under 651 CMR 12.03(7) since 7/30/20
Previous compliance review
6/25/2024

What the state found

8 findings · 3 repeat
Medication assistance · Emergency call responsefuconsistent SAMM Documentation Missing documentation of homly safety checks.
Repeat finding
▼

Medication assistance: How staff help residents take their medication.

Emergency call response: How quickly staff answer a resident's emergency call button.

The state cited these together under one finding.

What the inspector found

The Residence has chosen to document hourly safety checks of 27 Residents living in the Special Care Residence (SCR) for the month of July 2024 to comply with the regulation to provide timely assistance to a Resident in the event of an emergency needs situation.

Documentation of hourly safety checks for the 27 SCR Residents reviewed by EOEA from July 1, 2024 through July 31, 2024 had multiple instances where staff failed to document the hourly safety checks of the SCR Residents during the hours of 7:00 p.m. and 7:00 a.m.

This was also cited at the previous compliance review.

General Requirements for an ALR: Sell-Administered Medication Management (SAMM) Emergency Response
651 CMR 12.04(2)(b)(2)(d); 651 CMR 12.04(2)(b)(3)(a), (b)

Quality assurance programCare provided outside the scope ofSAMM▼

The residence's own program for auditing and improving the care it gives.

What the inspector found

EOEA reviewed documentation of ten (10) Residents to ensure the Residence has established an effective, ongoing quality improvement and assurance program for Service Planning, Safety Assurances, and Medication Quality to ensure the Residence has developed and implemented systems that support and promote safe SAMM and LMA.

Progress note documentation of two (2) Residents indicated that Residence Care Staff administered cream and powder medications outside of the scope of SAMM.

General Requirements for an ALR: Quality Assurance and Performance Improvement
651 CMR 12.04(10)(c)

Incident reportingFailure to report critical incidents.▼

Telling the state, on time, when something happens to a resident.

What the inspector found

EOEA reviewed ten (10) Resident progress note records.

Two (2) Resident records indicated multiple incidents meeting the criteria set forth in 651 CMR 12.04(11)(d) and 651 CMR 12.02 were not reported.

One Resident’s progress notes, from [redacted]

One Resident’s progress notes, from [redacted]

Emergency Preparedness Plan and Repoiting Requirements: Reporting Resident Specific Emergencies
651 CMR 12.04(11)(d)

Resident progress notesfuconsistent documentation of significant events.▼

The running notes staff keep on how each resident is doing day to day.

What the inspector found

EOEA reviewed ten (10) Residents’ records to determine compliance with record requirements.

Inconsistent documentation of significant occurrences in the Progress Notes for ten (10) Residents. On the day of the compliance review, EOEA interviewed several parties who raised the concern that scheduled Resident care is regularly delayed, sometimes by hours, on all shifts. Progress Note documentation of Residents not receiving scheduled medications within the nursing standard practice protocols of one hour before or after the prescribed medication time, late incontinence care visits, and other delayed assistance with Resident Activities of Daily Living in ten (10) Resident Records was missing.

Resident Record: Progress Notes
651 CMR 12.05(l)(c)

Resident recordsMissing infonnation necessaiy for the continuity of care.▼

Records that keep a resident's care information complete and available to staff.

What the inspector found

EOEA reviewed the documentation maintained in two 90-day correspondence logs to communicate information necessary to maintain the continuity of care for Residents.

Both the Traditional and SCR logs did not consistently document all significant or pertinent information necessary to maintain the continuity of care for all Residents. On the day of the compliance review, EOEA interviewed several parties who raised the concern that scheduled Resident care is regularly delayed, sometimes by hours, on all shifts. Correspondence Log documentation of Residents not receiving scheduled medications within the nursing standard practice protocols of one hour before or after the prescribed medication time, late incontinence care visits, and other delayed assistance with Resident Activities of Daily Living was missing.

Record Requirements: Correspondence Log
651 CMR 12.05(4)

Staffing · Memory care unitMissing Staffing Level Assessments. Staffing insufficient to address scheduled and unscheduled needs and unqualified staffing.
Repeat finding
▼

Staffing: Who the residence employs and what it must document about them.

Memory care unit: Extra requirements that apply to units caring for residents with dementia.

The state cited these together under one finding.

What the inspector found

EOEA reviewed the Residence records to determine compliance with Staffing Level requirements to meet the scheduled and reasonably foreseeable unscheduled Resident needs as required by the Residents' assessments and service plans on a 24-hour per day basis.

Documentation to confirm the Residence conducted timely staffing level assessment(s) during the period of June 25, 2024 through the date of the compliance review was missing. During this period, there were twelve (12) new admissions to the Residence including [redacted]

On the day of the compliance review, EOEA interviewed several parties who expressed concern that scheduled Resident care is regularly delayed, sometimes by hours, on all shifts including Residents not receiving scheduled medications within the nursing standard practice protocols of one hour before or after the prescribed medication time, late incontinence care visits, and other delayed assistance with Resident Activities of Daily Living. Care staff attributed delays to the high acuity of regular Resident needs compounded by unforeseen needs such as [redacted]. EOEA’s review of ten (10) Residents’ progress notes indicated that seven (7) Resident records each exhibited multiple instances of the high level of care needs expressed by care staff above since January 1, 2024. Interviewees also indicated that staff scheduled on a Traditional setting frequently are called to temporarily assist with care in the Special Care Residence for scheduled and / or unforeseen needs delaying scheduled care for the Traditional Residents.

On the day of the compliance review, EOEA interviewed multiple members of the Residence’s Management who stated that approximately 10% of regularly scheduled Resident care is provided by agency staff and not care staff employed by the Residence. Residence management and nursing staff stated to EOEA that there is no process in place for agency staff, as relevant personal care workers, to be introduced and made knowledgeable of the specific needs of each Resident’s service plan as required by regulation. This often requires Residence care staff to step in and supplement agency staff. Residence management and care staff also relayed to EOEA that agency staff are specifically restricted from performing SAMM with Residents. This results in additional scheduled SAMM services needing to be performed by Residence care staff. The care staff must shift their assignments.

This was also cited at the previous compliance review.

Staffing Requirements: Staffing Levels Special Care Residence Staffing
651 CMR 12.06(4)(a), (b) 651 CMR 12.06(5)(a)

Staff trainingInconsistent documentation of Introductory Visits for Residence and Agency staff.
Repeat finding
▼

Training and skills checks the residence must give and document for its staff.

What the inspector found

EOEA reviewed the records of five (5) Residents to determine compliance with the requirements that a nurse review the Resident’s service plan with all relevant personal care workers within the 48 hours after the provision of service or with any change of condition for the Resident:

Five (5) records were without documentation to support that Introductory Visits were consistently conducted with all applicable staff prior to or within 48 hours, at the time of move-in or at the time of change in the Resident’s condition.

On the day of the compliance review, EOEA interviewed multiple members of the Residence’s Management who stated that approximately 10% of regularly scheduled Resident care is provided by agency staff and not Care Staff employed by the Residence. Residence management told EOEA that Introductory Visits “fell under the responsibility of nursing.” Residence management was unaware of a process for agency staff, as the personal care workers, to review the Resident's service plan with a nurse prior to providing care. EOEA also interviewed nursing staff who stated there was no process in place for agency staff to have Introductory Visits.

This was also cited at the previous compliance review.

Training Requirements: Introductory Visits
651 CMR 12.07(7)

Compliance review processAccess to records was not timely. Missing Resident Satisfaction survey.▼

How the state's own review of the residence was carried out.

What the inspector found

EOEA reviewed Resident records as required by 651 CMR 12.09.

EOEA was not provided timely access to the requested Residence records. EOEA arrived onsite at 8:00 AM and requested that all documentation be provided no later than 11:00 AM to ensure a thorough audit. Resident business and staff records were made available for review at 11:00AM. Resident charts were presented at 11:55 AM. The remaining records were presented by 12:30PM except for some missing progress notes, Resident introductory visits records, and e-call records which were presented by 1:15PM.

Documentation of a Resident Satisfaction Survey and Quality Assurance and Performance Improvement Review for the 2023 calendar year was missing. Management stated that a Resident Satisfaction Survey had not been completed.

Corrective Actions.

Compliance Reviews of Assisted Living Residences: Compliance Review Requirements
651 CMR 12.09(3)(f) 651 CMR 12.04(10)(d)

Glossary

Abbreviations the state uses without explaining them
EOEAExecutive Office of Elder Affairs — the former name of AGE, used in older reports.
LMALimited medication administration — staff handing a resident their medication.
SAMMSelf-administered medication management — the resident manages their own medication with oversight.
e-callThe emergency call system a resident uses to summon staff.
SCRSpecial care residence — a unit for residents living with dementia.
What the residence must doThe residence must send the state a plan to correct each finding, what it will do to keep it from happening again, who is responsible and by when. The state also asked for specific proof, listed here as written.▼

Specific Corrective Actions.

Submit to EOEA the following:

Documentation confirming a newly completed SAMM & LMA in-service training, and post-training evaluation by a nurse, for all Personal Care and Nursing Staff specifically addressing the documentation of Medication Administration and the scope of both SAMM and LMA services.

Documentation confirming a newly completed in-service training specifically addressing the documentation of timely and completed safety checks.

Documentation confirming a newly completed in-service training specifically addressing the identification and reporting of significant incidents to EOEA.

Documentation confirming a newly completed in-service training specifically addressing the documentation of progress notes reflecting information regarding significant occurrences including missed or delayed scheduled care tasks.

Documentation confirming a newly completed in-service training specifically addressing the documentation of correspondence logs reflecting information necessary for the continuity of care including missed or delayed scheduled care tasks on each shift.

Documentation confirming a newly completed staffing level assessments for each shift for both the Traditional and SCR Residences considering scheduled and unscheduled needs.

Documentation confirming the development of a policy and procedure to ensure Introductory Visits for all Residents are completed by a nurse for all relevant PC staff, including agency staff, prior to or within 48 hours of providing care.

Documentation confirming Introductory Visits for all Residents have been completed by a nurse for all relevant PC staff, including agency staff, prior to or within 48 hours of providing care.

Documentation confirming the completion and review of a Resident and Legal Representative Satisfaction Survey. Please include the methodology and results of the survey. How, when, and to whom the survey was sent. Please also provide the time frame to complete the survey, how was the response data is collected and who compiled the response data?

Documentation confirming the establishment of an operational policy and process for timely future EOEA audits and compliance reviews.

DETERMINATION:

Due to the significance of findings, EOEA is exercising the discretionary authority granted to it under 651 CMR 12.09(4)(b)-(d) to require corrective action and modify the Residence’s Certification. Effective September 20, 2024 as a condition of the modification of Giving Tree Senior Living, the Residence shall submit these requested documents for the prior month to EOEA no later than the close of business on the 15th day of each month until further notice.

The requested documents are:

Current Resident Roster noting all new move-ins and transfers to the SCR from Giving Tree Senior Living Traditional setting for the previous month.

As a reminder, effective September 20, 2024, the Residence will be required to cease the enrollment of new Residents for a minimum of 30 days.

Current Staffing Roster noting all new Management, nursing and PC staff. Please also note any Management, nursing and PC staff that have resigned or been terminated since the previous submission.

Summary Sheets (provided by EOEA) for the previous month’s New Resident Admissions and /or Resident Change of Condition including transfer to the SCR.

A monthly staffing needs assessment for both Traditional and SCR Residences.

A report of findings of a monthly audit of the SCR Safety Checks for the previous month.

A report of findings from the audit of SAMM / LMA administration documentation for the previous month.

A report of findings from the audit of the two Correspondence Logs noting any instance of missed or delayed Resident care in the previous month.

A report of findings from the audit of the Progress Notes of all Residents noting any instance of missed or delayed Resident care and that all qualifying incidents have been reported to EOEA.

Agency Care Staff Introductory Visit report (provided by EOEA) for the previous month’s shifts covered by Residence and agency care staff.

Pursuant to 651 CMR 12.10(4), EOEA must transmit a notice regarding the modification to each Resident or Legal Representative and appropriate governmental agencies. Upon receipt of this letter, the Residence must immediately submit to EOEA a complete and accurate list of the names and addresses of every Resident and/or their Legal Representative. The list must include every Resident’s Unit number and date of move-in and be in Word or Excel format.

The Residence must address all findings and comply with the corrective actions listed within 30 days.1 The submission of the corrective action plan will not alter the modification of the Residence’s Certification. The modification of the Residence’s Certification will continue until further notice and will remain in effect until such time as the Assisted Living Certification Unit determines that the Residence has sufficiently addressed and corrected all findings and demonstrated regulatory compliance. Failure to comply with the required corrective actions in a timely manner may lead to further action, including the suspension or revocation of the Certification.

EOEA may conduct a compliance review at any time to determine the Residence’s compliance with implementation of the corrective actions submitted in response to the modification of its ALR certification status.

Other notes from the reviewParts of the state's report that do not belong to a single finding, shown as written.▼
Self-administered Medication Management (SAMM) and Limited Medication Administration (LMA)

EOEA reviewed two (2) Traditional and three (3) Special Care Resident Records to determine compliance with requirements for Self-administered Medication Management (SAMM) and Limited Medication Administration (LMA) from July 1, 2024 through July 31, 2024.

Documentation of actions regarding whether the Resident took or refused the medication on multiple dates and times for July 2024 was missing for two (2) SAMM Traditional Residents.

Documentation of actions regarding whether the Resident took or refused the medication on multiple dates and times for July 2024 was missing for three (3) LMA Special Care Residents.