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32 | On the allegation, unlawful eviction, it is the concern of the Reporting party (RP) that the facility is refusing to accept Resident (R1) back into care after being released from the hospital and did not issue R1 a thirty (30) day eviction notice. To investigate this complaint, LPA conducted in person interviews with Administrator, Designee, staff, and a telephonic interview with R1’s Responsible Party (RP) from 10:25am – 11:50am. The LPA reviewed records, including unusual incident/injury reports submitted dated 09/24/2024 and 09/28/2024, and obtained pertinent documents to the investigation.
Interviews with Administrator and Designee revealed that R1 moved into the facility 09/23/2024 and less than 24 hours of residing at the facility became combative and aggressive towards staff. Facility contacted R1’s RP on 09/24/2024 and was advised to call 911. R1 was transferred to the hospital and was placed on a 51/50 hold. On 09/28/2024 R1 was discharged from the hospital and the facility accepted the resident back. R1’s RP was at the facility when R1 returned. R1 continued to have combative behavior towards staff and the RP called 911. R1 was taken to the hospital again on 09/28/2024 and placed on another 51/50 hold. During the interview with the RP, they stated they gathered all R1’s belongings and notified the facility that R1 would not return, as higher level of care was needed. RP stated R1 was not evicted from the facility, and they initiated the relocation. During the interview with the Administrator, they stated that they would have accepted the resident back upon discharge, but the RP had already stated R1 was not going to return and advised the hospital of this. During the inspection, the LPA did not observe any of R1’s personal belongings in the facility.
Based on information obtained, there is insufficient evidence to support the allegations occurred. Therefore, the allegation the facility issued an unlawful eviction is deemed unsubstantiated at this time. Exit interview conducted. A copy of the report and appeal rights provided. |