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32 | Per R1’s family, R1 is eligible for assisted living based on their cognitive status but was placed in memory care because facility staff advised that R1’s physical needs could be better met in memory care and because there was an available room in memory care. R1’s family stated they agreed to this arrangement as long as R1 had access to all of the assisted living amenities, including the dining room. When interviewed, R1 also stated that eating in the assisted living dining room was a condition of their admission to the facility. R1’s Admission Agreement does not indicate whether R1 lives in assisted living or memory care and does not mention any agreement that R1 be allowed to eat in a particular dining room. However, R1’s Service Plan dated September 3, 2025, states that caregivers will escort R1 to the assisted living dining room for all meals and that this has been part of R1’s care plan since R1 was admitted, which shows that there was an agreement that R1 would live in memory care but eat in assisted living. No information was obtained regarding whether or not this was to be a temporary agreement, but the facility complied with the agreement for approximately one year.
When interviewed, AD stated that when R1 moved in, R1 was allowed to eat in the assisted living dining room to help them acclimate to the facility, but the agreed upon plan was always to transition R1 to eat in the memory care dining room. Per AD, in early September 2025, R1 began to transition to eating in the memory care dining room starting with once a week and increasing in frequency until they ate only in the memory care dining room, R1 and their family agreed to this, and R1 has been enjoying eating in the memory care dining room and is making friends there, although sometimes R1 forgets that the transition is going on and believes they should be eating in the assisted living dining room. Per R1’s Progress Notes, on September 3, 2025, it was noted that R1 will transition to having meals in the memory care dining room starting September 8, 2025, and R1’s family was present during this conversation with R1. Per R1’s family, on August 26, 2025, a meeting was held where facility staff advised R1’s family that they believed R1 needed to live fully in memory care, which R1’s family disputed. However, it was agreed that R1 would eat in the memory care dining room one day per week. AD stated that R1 and their family agreed to start having R1 eat in the memory care dining room once per week but that the number of days per week would gradually increase until R1 ate only in the memory care dining room. However, R1’s family denied ever agreeing to have R1 eat in the memory care dining room more than once per week. R1’s Progress Notes indicate that on September 16, 2025, R1 was upset when told to have dinner in the memory care dining room, refused to go and returned to their room, and did not eat much of dinner and per R1’s family, R1 contacts them complaining about not being allowed to eat in assisted living. However, per AD and R1’s Progress Notes, R1 has communicated that they enjoy eating in the memory care dining room multiple times and any instances of R1 complaining about eating in the memory care dining room are the result of R1 being coached to say these things. |