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32 | [CONTINUED FROM LIC 9099]
During a 11-16-2021 visit to commence the complaint investigation, LPA sought to interview R1, but respectfully waited for them to first complete a phone call they were on before approaching them. For around 15 minutes, LPA observed R1 sitting in a shaded area of the facility’s courtyard in relative privacy, holding the facility’s cordless phone to their ear and speaking on it. After the call, LPA helped R1 hail down a staff member to hand the phone back to them.
Based on LPA’s interview of R1 about many topics (lasting over an hour), R1 appeared fully alert and oriented with no apparent memory loss. According to R1, they never owned a cell phone while living at the facility (“because it is too complicated [to use]”). R1 said they regularly use the facility telephone to receive incoming calls, and that their spouse/POA calls them on it in the afternoon, either every day or every other day. R1 said that they rarely choose to make outgoing calls, for fear that the phone line could be tapped/recorded by staff. [According to R1’s medical records, their physician said they have a history of “paranoid behavior.”] R1 said facility staff have never denied them use of the facility phone for either incoming or outgoing calls. R1’s statements about their access to and use of the facility telephone were unanimously corroborated by their spouse/POA, facility staff, and outside sources. According to the licensee, they pay for a second phone landline for the exclusive use of the residents, so that they can speak at length with their loved ones without worrying that they are tying up the business’ phone line.
Based on records and interviews, the allegation that licensee did not enable R1’s access to the telephone is unfounded, meaning it was false, could not have happened, and/or is without a reasonable basis. We have therefore dismissed the allegation. An exit interview was conducted with the Guerrero, to whom a copy of this report and the Licensee/Appeal Rights (LIC9058 01/16) were provided. |