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32 | LPA conducted interviews with four staff members, all of whom corroborated the allegation. Staff stated they feared for their safety if R1 were to return to the facility. LPA also interviewed R1’s Responsible Party, who corroborated the allegation and stated that the facility did not want R1 to return due to R1’s behavior at the facility. In addition, LPA interviewed the Licensee, who confirmed that the facility did not want R1 to return because of concerns for the safety of both residents and staff. LPA also conducted interviews with three residents, all of whom stated they observed R1 behaving aggressively toward another resident; however, they were unable to state whether R1 had been permitted to return to the facility.
LPA’s record review further revealed that, pursuant to the Admission Agreement, the facility was required to provide R1 with a written 30-day eviction notice if it intended to evict the resident. However, no written eviction notice was provided. During the interview, the Licensee admitted that no written eviction notice had been issued to R1.
Based on the evidence gathered the preponderance of evidence standard has been met therefore the allegation is substantiated. An exit interview was conducted and a copy of the report provided along with appeal rights.
{***THIS IS AN AMENDED REPORT***} |