Complaint Investigation Report

Ombudsman (LTCO) Staff 1 and received a copy of a document mailed to facility administrator from LTCO dated 1/25/22. On 1/26/23, LPA conducted interviews with Staff 1-2 (S1-2), Residents 1-5 (R1-5) and conducted telephone interviews with R1 Family Member (R1 FM), R2 FM 1-2, R3 FM, and R5 FM. LPA attempted a phone call to R4 FM but did not receive a call back. LPA additionally collected copies of Staff Roster and visitation logs. LPA reviewed 5 Resident files.

Investigation revealed the following: Regarding allegation, Staff not allowing Long Term Care Ombudsman entry into the facility , it is alleged that the facility administrator/ facility staff are not allowing LTCO staff to enter the facility. Administrator/ and or facility staff allegedly denied entry/ access into facility to LTCO staff on various dates: 2/26/21, 9/17/21, and 1/14/22. Interview with administrator revealed that she did not deny entry to LTCO staff and stated that LTCO staff were harassing her with the frequency of visits and stated that LTCO should only visit every three (3) months. Interview conducted with LTCO staff revealed that they were denied access into the facility on various dates (2/26/21, 9/17/21, and 1/14/22). LTCO staff stated that they were eventually allowed access into the facility on 2/26/21 only after being educated by LTCO Staff and Community Care Licensing (CCLD) staff about LTCO right of access to the facility. LTCO was also allowed access on 3/2/21 but on 9/17/21, LTCO staff again attempted to visit the facility, and the administrator again denied access. LTCO program had to call the administrator, and again educate administrator on LTCO right of access. Administrator stated to LTCO staff that she was not allowing entry due to the spike in COVID19 cases at the time. Administrator agreed to allow ombudsman entry. LTCO was allowed entry on 9/24/21 but again on 1/14/22, LTCO staff attempted to visit facility to conduct an investigation and was not allowed access into the facility by a facility caregiver who stated to LTCO staff that they could not allow ombudsman into the facility and they had call the administrator first. LTCO staff that they explained to the administrator that the LTCO is an essential visitor , and as such has the right to access the facility at any time. LTCO staff stated that Administrator did not give the caregiver permission to admit the LTCO staff into the facility and LTCO was not permitted access into the facility. LPA received a copy of a notice addressed to facility administrator from LTCO dated 1/25/22. The letter indicates the dates that LTCO staff was not allowed access into the facility and informs the administrator of their legal duties regarding allowing LTCO access and if the administrator continued to deny access they were in violation of federal and state law. The letter lists both federal and state laws regarding LTCO access to the facility. On 1/31/22, LPA received an email from administrator in which she states that she received the letter and also states that she spoke to CCLD staff