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32 | It was alleged that the facility retaliated against R1 by adding additional unnecessary and non-medical care for R1 which was duplicative of the facility’s staff and charged R1’s responsible party without approval. Per R1’s family, on August 4, 2025, R1 had surgery to replace a foley catheter with a suprapubic catheter. R1’s Progress Notes indicate R1 returned to the facility the same day as the surgery and AD stated that after R1’s return, the facility monitored R1 and had the facility’s nurse change R1’s bandages as a temporary measure until home health was set up, but that it is the facility’s policy that home health needs to oversee catheters and wounds. R1’s Admission Agreement corroborates that the facility does not provide skilled nursing care. Per R1’s Medical Records dated August 4, 2025, R1 needed daily cleaning of the catheter site and replacement of bandages.
Per R1’s family, on August 8, 2025, a meeting was held including R1’s family, AD, and facility staff and during this meeting the facility’s medical director advised that it was their opinion that R1 needed a higher level of care and should be in a skilled nursing facility. R1’s Medical Records dated August 8, 2025, indicate that a hospital recommended cleaning the skin and replacing the dressing around the catheter every day and as needed to help prevent infection. Per R1’s family, in order to meet R1’s needs, AD insisted that R1’s family set up home health to address the bandage changes. AD stated there were almost daily conversations with R1’s family regarding the fact that the facility could not meet R1’s needs of daily showers and bandage changes.
Per AD, on August 13, 2025, the facility’s medical director reviewed R1’s records and determined R1 needs a higher level of care and the facility issued the 30-Day Eviction Notice dated August 14, 2025, on the basis that R1 needed a higher level of care. The facility’s medical director’s letter dated August 13, 2025, indicates that a transition to a higher level of care is medically necessary for R1, but does not indicate why. Per AD, this decision was made because the facility is not able to meet R1’s needs per their doctor’s order of daily showers and daily bandage changes. Per R1’s Medical Records dated August 19, 2025, R1 was approved to receive five home health visits for period of August 17, 2025, to November 15, 2025, to address R1’s catheter and R1’s Home Health Medical Records document that R1 was seen around twice a week by home health nurses for assistance with their suprapubic catheter starting on August 20, 2025. Per AD and R1’s family, prior to R1 receiving home health, the facility’s nurses changed R1’s bandages on a temporary basis. |