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32 | The details of the complaint alleged that the resident went to the hospital and that the facility would not allow the resident to return due to the resident needing to use a Continuous Positive Airway Pressure (CPAP) machine used for Chronic Obstructive Pulmonary Disease (COPD). It was reported that the facility is evicting the resident and discriminating against the resident because of the diagnosis. On 4/23/26, from 9:30am-12:00pm, the department interviewed staff (S1-S3) and witness (W1) regarding the allegation. 3 of 3 staff denied the allegation that the Facility illegally evicted a resident in care. All staff stated that the facility has not issued an eviction notice nor is the resident being evicted. They all state that the resident went into the hospital because they were having breathing problems. While at the hospital the resident was prescribed a Bilevel Positive Airway Pressure (BIPAP) machine which assists with breathing by delivering, via a mask, higher air pressure during inhalation and lower pressure during exhalation. S2 stated that according to the residents’ Physicians Report they can’t manage their own medication, treatment, or equipment and that is why they have not accepted the resident back. S2 stated that once the resident no longer needs the equipment they are welcomed to come back to the facility.
The department interviewed witness (W1) about the allegation and (W1) stated that they were informed that the resident would not be able to come back to the facility while they were using the BIPAP machine because their Physicians report stated they could not manage the machine on their own. The department asked if the resident or (W1) has received an eviction notice written or verbal, they stated they have not.
The department reviewed the Physician’s Report (Dated: 04/30/2025) and observed that the report states the patient cannot manage their own treatment, medication, or equipment (page 2 Physicians Report). The department reviewed the facility records for the resident and did not observe an eviction notice or eviction notes for the resident.
Based on interviews and records that were reviewed, there is insufficient evidence to support the allegation that the Facility illegally evicted a resident in care. Although the 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 is Unsubstantiated.
No deficiencies were found and no citations were issued for this complaint investigation.
An exit interview was conducted with Ace Huynh, Executive Director, and a hard copy of this Complaint Investigation Report was provided.
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