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32 | LPA collected statements and other documents from witnesses and involved parties that confirm that the visitor had disruptive behavior on 12/31/19 and 1/1/2020. Therefore, on January 1, 2020 the visitor was removed from facility for trespassing. Residents shall have visitors provided that the rights of other residents are not infringed upon. While there are visitor's rights, it is not an absolute right. Disruptive visitor's behavior infringes on the rights of other residents. On 4/20/2020, LPA interviewed R1, but due to the resident's health condition no relevant information was forthcoming.
Based on the information and documentation collected, this allegation was determined unsubstantiated. Although, the above allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur. Therefore the allegation was UNSUBSTANTIATED.
- Facility did not properly address resident's physically violent behavior(s). During the investigation, three out of three staff interviews stated that violent behaviors are addressed and reported as required. Three out of three staff interviewed stated that behaviors caused by dementia residents were appropriately addressed, redirected in a timely manner and Incident reports submitted to CCL Office. LPA confirmed and reviewed those incident reports, the review confirmed staff addressed incidents, physician was contacted and plan of care was in place. Therefore, the allegation is unsubstantiated.
- Facility staff released confidential information regarding a resident to an unauthorized individual. During the investigation, three out of three staff interviews stated Director of Nursing and staff followed all protocol on not releasing confidential information in regards to HIPAA regulations. Rumors and talk amongst visitors are not a source of releasing information. The complainant was unable to provide a verifiable breach of the protocol. Due to the allegation not based on facts but rather rumors, the allegation is unsubstantiated.
- Facility staff did not assist resident(s) in a timely manner. During the investigation, three out of three staff interviews and incident reports confirmed staff assisting residents in a timely manner. The complainant was unable to provide a verifiable breach of the protocol. Therefore, the allegation is unsubstantiated.
- Lack of supervision resulting in resident biting another resident in care. Based on record review, there was an incident of R2 biting R3 and the incident was reported to CCL Office. It appears there was proper protocol that was followed and a plan in place for a non-reoccurrence. Three out of three staff members interviewed stated that the incident was properly addressed and care plan developed to address the behavior. Therefore, the allegation is unsubstantiated.
Although the above allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur. Therefore, the allegations are deemed UNSUBSTANTIATED.
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