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32 | Regarding the allegation that facility added unnecessary care services: it was alleged that the facility added additional unnecessary and non-medical care for R1, which was duplicative of the care provided by the facility’s staff. The investigation revealed that R1 was admitted to the facility with a foley catheter and subsequently had surgery to replace insertion of the foley catheter with a suprapubic catheter. R1’s Medical Records document that R1 needed daily cleaning and bandage changes for their suprapubic catheter, which must be performed by a skilled professional. However, R1’s Home Health Records and interviews revealed that this skilled care was provided approximately only twice a week.
The facility advised R1 that their needs were not being met and they needed a higher level of care. Based on the facility’s policy and R1’s Admission Agreement, temporary one-on-one supervision would be instituted at the resident’s expense when it has been determined that a resident needs a higher level of care. The facility retained an external agency to provide a temporary one-on-one caregiver for R1 to ensure continuous supervision and mitigate the risk of interference with the catheter site; however, the services were not initiated, as R1’s family declined and instead secured their own private caregiver.
Regarding the allegation of unlawful eviction: it was alleged that the Eviction Notice dated September 17, 2025, issued to R1 was unlawful. The notice indicated that the facility was seeking termination of residency on the basis that it was unable to meet R1’s care needs, including the need for 24-hour nursing care.
The investigation revealed that R1 experienced a change in condition following surgical replacement of a Foley catheter with a suprapubic catheter, resulting in a higher level of care needs, including daily site cleaning, dressing changes, and frequent showers. Records indicate that R1 was not receiving adequate home health services, and the catheter site was consistently noted to be red and irritated. Additionally, catheter care must be performed only by appropriately skilled professionals. |