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32 | Violations of criminal record clearance, including not having staff's clearance transferred to the facility prior to them working in the facility, results in a civil penalty of $100 a day, per staff, per day worked, for a maximum of $500 per staff (unless the regulation is violated again within a 12 month period). Therefore, LPA Colvin will be assessing civil penalties as follow:
- Staff 1 (S1) - $200 for the dates of 4/8/24 & 4/9/24
- Staff 2 (S2) - $100 for the date of 4/8/24
- Staff 3 (S3) - $400 for the dates of 4/1/24, 4/2/14, 4/5/24, & 4/6/24
- Staff 4 (S4) - $500 for the dates of 4/1/24, 4/2/14, 4/5/24, 4/6/24, 4/7/24, & 4/8/24 (maxed out at 5)
- Staff 5 (S5) - $300 for the dates of 4/4/14, 4/5/24, & 4/6/24
- Staff 6 (S6) - $500 for the dates of 3/8/24 - 4/9/24 (maxed out at 5)
Total amount of civil penalties being assessed is $2,000.
Regarding allegation "Facility ceiling is in disrepair": LPA Colvin toured the facility, including resident bedrooms, and observed that resident rooms #10, #15, & #17 all had holes in the bathroom ceilings where recent plumbing work had been done. Facility staff informed LPA Colvin that no resident was currently living in room #17, but rooms #10 & #15 were both occupied. Therefore, based on observation, the allegation "Facility ceiling is in disrepair" is SUBSTANTIATED.
Regarding allegation “Facility staff are not dispensing medication as prescribed”: LPA Colvin conducted interviews with staff and residents, as well as reviewed facility medication records and physical medication for a random sampling of residents. LPA Colvin observed one medication (M1) for Resident One (R1) was not administered for the PM dose on 4/8/24, but the facility’s Medication Administration Record (MAR) is signed off for that administration. Additionally, LPA Colvin observed that two medications (M2 & M3) for Resident Two (R2) have multiple doses that were not administered in the month of April 2024. Nurse Vivian Onwunali-Maxwell stated that R2 is on Hospice and they are discontinuing all of R2’s medications (except for as-needed medications), though the facility does not have the discontinuation order yet. LPA Colvin observed that while R2 has doses of medication for April administered, which are intermixed with the dates not administered (therefore, there was no ceasing of medication administration). LPA Colvin also observed R2's PM doses for M2 & M3 have not been administered in April. Therefore, due to the medication discrepancies observed, the allegation “Facility staff are not dispensing medication as prescribed” is SUBSTANTIATED. |