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32 | (CONTINUED FROM LIC 9099) It was also alleged that R1 was not assisted out of bed in time for breakfast on 01/01/22 due to a lack of care staff being present at the facility. It was alleged that the facility did not have the appropriate number of care staff needed to meet residents’ care needs. A review of R1’s Physician’s Report and Department interviews with care staff who worked on 01/01/2022 revealed that R1 was able to use the call button when assistance was needed and was able to advocate for their own needs. An interview with an outside source revealed that R1 did not call for assistance on that day. An interview with the Executive Director regarding R1’s care needs revealed that sometimes, R1 was not interested in getting out of bed early and preferred to stay in bed and eat at lunchtime. Interviews with staff, residents and outside sources also revealed that there was no concern with the facility having a lack of staff on that date and during the month of January 2022. Interviews with the previous Executive Director, staff and outside sources also revealed that due to COVID-19 infection control protocols, staff were required to be sent home if they had symptoms or were sick during January 2022. The interviews revealed that while this caused an impact on care staff availability, it was not due to negligence and Agency staff were hired to fill in when needed. There was insufficient evidence to support this allegation.
Lastly, it was alleged that Care staff did not have required training from October 2021 to January 2022. Department interviews with residents who had resided at the facility during that period revealed that there was no concern regarding staff not being properly trained. Interviews with outside sources also revealed that there was no concern regarding a lack of training for care staff during that period of time. Outside sources also expressed that they were content with care staff services towards residents at the facility. A records review of training records for some of the care staff who worked during that timeframe revealed that staff had completed the required training. There was insufficient evidence to support this allegation.
Due to a lack of corroborating evidence, the allegations that a resident sustained a fall due to lack of supervision, that staff did not meet the residents assessed needs and that care staff did not have required training are unsubstantiated. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations occurred, therefore the allegations are unsubstantiated.
LPA Silveira conducted an exit interview with Tracy. At the time of the exit interview Tracy was provided with a copy of the Complaint Investigation Report (LIC9099) and Licensee Rights (LIC9058 03/22). The signature on this report acknowledges receipt of the rights. |