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32 | Allegation – Staff retaliating against resident
The investigation into this allegation consisted of interviews and record reviews.
Records showed that R1’s care needs had increased over time. R1’s 2023 records showed that R1 already needed help with bathing, dressing, toileting, transfers, repositioning, and wheelchair use due to weakness from a prior stroke. The August 5, 2025, and September 4, 2025, assessments showed further decline. R1 was weak and unstable, could no longer turn independently in bed, and required two caregivers for transfers and personal care. R1 was also having difficulty supporting themselves and could no longer safely perform some tasks independently.
The facility issued a 30-day eviction notice, dated 9/5/2025, based on its assessment that R1's care needs were beyond the level of care the facility could safely provide. The records also documented ongoing concerns regarding communication and cooperation with R1’s Power of Attorney (POA), including missing medical forms, limited communication with health care providers, and disagreements about R1’s care. Staff also documented incidents involving conflict between the POA and facility staff.
Records dated October 4, 2025, stated that R1 had refused to get out of bed, shower, and eat dinner. Staff reported that this had been happening for about three months. Staff also documented that R1 was weak, could not turn in bed, slept much of the day, and could no longer give themselves eye drops. The note stated that R1’s care needs had increased and were beyond the level of care the facility could provide. The POA was notified of R1’s condition
A September 7, 2025, note stated that police were called because of concerns about R1’s POA’S verbal aggression, blocking the facility entrance, refusal to follow facility safety rules, and concerns about resident privacy. The facility also documented concerns that R1’s POA’s behavior was causing distress to staff and other residents. These records describe conflict between the facility and the POA; however, they do not show that staff retaliated against R1.
On October 20, 2025, staff told POA that an updated Medical Assessment (LIC602A form) was needed so the facility could properly document R1’s condition and provide the correct care. The facility reported that the form was not received.
Other residents, and their responsible parties that were interviewed and denied witnessing retaliation from staff. Staff members stated that they had not seen staff retaliate against R1 at the facility.
The records reviewed did not show that staff retaliated against R1. Instead, the records support that the facility was documenting R1’s decline and concerns about facility’s ability to safely meet R1’s increased care needs. Based on the interviews and records reviewed, the allegation of staff retaliation against R1 is unsubstantiated.
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