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32 | Allegation: Staff are retaliating against resident for complaining. It is alleged that facility staff are retaliating/harassing resident (R1) because on 3/17/2023 the resident was provided a 2nd copy of the House Rules after filing a previous complaint with Community Care Licensing. According to staff interviews conducted, the findings indicate that the resident has history of smoking cigarettes in the room and during a prior CCL visit conducted by another LPA it was noted that R1's room had a strong marijuana odor. All staff denied the allegation, but confirmed the No Smoking policy has been addressed with the resident in a non-retaliatory manner. A total of 10 residents were interviewed. Two (2) out of the 10 residents stated that administration staff have retaliated against them in instances in which they complain about other residents, and/or when they complain about staffing not doing their job after daytime hours. The facility House Rules state "In order to promote a healthy environment in the facility, we have established a "No Smoking" policy in ALL INDOOR common areas and rooms. Smoking is however, permitted in the designated smoking areas only. The "No Smoking" policy includes all elevators, hallways, stairwells, public restrooms, courtyards, and patios." Therefore, there is in insufficient evidence to corroborate the allegation.
Allegation: Staff do not ensure residents are prohibited from smoking when oxygen is in use. It is alleged that there is a resident that lights up cigarettes in its room and there is oxygen tanks in the room. The findings revealed that resident (R2) has been observed by staff and residents smoking inside the room, in which there in oxygen in use. According to Assistant Administrator, R2 has been observed lighting a cigarette in the room and walking out of the room to go smoke in the outdoor designated smoking area. Three (3) out 10 residents stated they have observed R2 smoke in the room where oxygen is in use. The residents confirmed that R2 has been addressed regarding the No Smoking policy and Oxygen Use. Staff stated that when and if they observe any resident smoking indoors they are immediately reminded that smoking is prohibited indoors. In addition, staff are trained to watch out for indoor smoking by residents. Per staff interviews, on 2/2/2023 resident (R2) was issued a Behavior Contract that discussed House Rules, No Smoking policy, and smoking area escort assistance. Staff are closely watching the resident to ensure no indoor smoking is being done.
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