Complaint Investigation Report

*** Amended language on this page as of 4/5/22 ***

was not a frequent occurrence and had happened in March 2020. Becky would provide training and supervisor direction whenever infractions were observed. LPA also interviewed people who had visited the facility preceding and during the Covid -19 outbreak of 8/29/21- 10/14/21. Two parties interviewed reported to have observed two staff on two separate occasions to not have worn required masks while at work in the community. Staff interviewed stated that they were aware of others, at times, not wearing required masks prior to the facility’s outbreak, 8/30/21 to 10/15/21.

During the facility’s Covid-19 outbreak residents and staff were infected. The resident infections required residents to be quarantined. The facility enacted a period where all resident were isolated to their rooms. The staff infections lead to a staffing shortage while the staff home quarantined. The licensee utilized home care agency staff to provide care and supervision to the Covid-19 Positive residents who were cohorted. The licensee charged four Covid Positive residents for a share of the cost of the agency staffing.

The residents did not have reappraisals to establish a higher level of care. The facility does not have a fee schedule for various levels of care. The additional charge was based on an operational cost for a staffing shortage which does not qualify as a level of care increase. Operational cost increases require 60-day notices to all residents. One resident who contracted Covid-19 after staff returned from quarantine and thus did not require the facility to hire agency staff, did not have an additional fees charge.

As a result of this investigation, LPA finds allegation to be (S) Substantiated - A finding that the complaint is Substantiated means that the allegation is valid because the preponderance of the evidence standard has been met. The following deficiencies were cited on 9099-D, per Title 22 Regulations, Division 6. (A)This poses an immediate Health and Safety risk to clients/residents in care. (B) This poses a potential Health and Safety risk, or personal rights violation, to clients/residents in care.