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32 | outside source, needed assistance with Activities of Daily Living (ADL). According to the source, the tenant was incontinent and disheveled in appearance.
On 11/18/20, LPA and representatives from an outside agency conducted a virtual visit to the facility, due to COVID-19. T1 could not be assessed due to an inability to communicate. The other tenants were deemed independent by observation and interviews.
Operator, Carlson was interviewed and told LPA that T1 was dropped off at the ILF while Carlson was not home. Tenant interviews corroborated this. Operator, Carlson was not provided any documentation but noticed T1 was in a wheelchair. Concerned, Carlson contacted the placement agency to tell them T1 needs to be completely independent to reside at the ILF. According to Carlson, the agency was unresponsive. When asked, Carlson denied providing T1 assistance during their brief stay at the ILF.
A hospice agency source was interviewed and stated that they assessed T1 for hospice on 11/21/20 at the Cardiff Street ILF. It was the hospice agency’s determination that T1 was fit to reside at the ILF. The hospice source intimated to LPA, they have assessed clients for ILF and assisted living facilities for several years. It was the source’s, professional opinion T1 was declining but independent. T1 could ambulate but was beginning to have falls. T1 was able to properly use a walker and ambulate to the bathroom on their own. The source observed that T1's medications were stored in their room under T1’s control. The source said T1 was alert and verbal. The source said T1 was incontinent, but they were able to change themselves as needed. T1 was able to eat and make daily appointments. The source said T1 had a cell phone and was able to use it. The source stated, at the time of T1’s assessment, T1 was fit to reside at the ILF. However, the source also said T1 would not have been deemed independent if they were assessed 2-3 months later, due to their declining condition.
Investigation revealed, T1 was transferred to a licensed care facility on 11/23/20 and to a Skilled Nursing Facility (SNF) in March 2021. Records and interviews provided evidence T1 required assistance with some ADLs. However, it could not be determined that care was provided to T1 during their stay at the ILF.
Based on the information obtained in this investigation, including LPA observation, outside source record review, and tenant, operator and outside source interviews, there is insufficient evidence to prove unlicensed care was provided to T1. The preponderance of evidence standard was not met. Therefore, the |