Complaint Investigation Report

S1 denied the allegation and stated that he never yelled, humiliated nor acted aggressively to any residents. S1 stated that the facility has zero tolerance policy with that type of behavior. All staff members interviewed stated that they never heard or witnessed any staff shouting or being aggressive to R1 or any residents. Staff members also stated that they always treat residents with dignity and respect. Staff members indicated that they receive in service training regarding personal rights, zero tolerance and mandated reporting. (8) out of (9) residents that were interviewed stated that staff members treat them with dignity and respect. Interviewed residents stated that staff members are nice, patience and respectful to them. During the visit, LPA did not observe staff being loud or speaking in loud voices. LPA was not provided with proof that S1 was shouting at R1 in the presence of other residents and there were no other witnesses to the alleged incident. Therefore there was insufficient evidence to corroborate with this allegation.

In regards to the allegation: “Staff did not provide resident with copy of personal rights.” It is alleged that R1 never received a copy of his personal rights. S1 stated that during admission, resident and responsible party were advised and given a copy of their personal rights. S1 stated that each resident signs a copy of the personal rights and the signed copy is included in the resident's record. Additionally, resident and responsible party sign an acknowledgement that they received it. S1 also stated that personal rights are discussed primarily during the monthly resident council meeting because they are an important topic. Some staff members interviewed indicated that a copy of their personal rights are automatically given to the residents upon admission but if they lost it or need another copy, it will be provided if requested. (8) out of (9) residents that were interviewed stated that they know their personal rights and the residents personal rights is posted on the wall in the hallway. (3) out of (9) residents interviewed stated that they just asked for a copy of their personal rights recently and the staff provided it to them right away. During the visit, LPA observed that the personal rights written in English and Spanish are posted in the hallway near the lobby and accessible to the residents and the public. Therefore there was insufficient evidence to corroborate with this allegation.

Based on statements and interviews conducted with staff, residents, review of resident files and facility file records, there was not enough supportive evidence to concur with the reported allegations. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are UNSUBSTANTIATED.

An exit interview was conducted, and a copy of this report was provided to the Administrator, Virgilio Agas.