A state agency this week released a report alleging sexual relations between a resident and a staff member and mishandling of residents' funds and prescription pain pills at an assisted living facility in the Mount Pleasant community.
These and other issues, including lack of staff and food for residents, are listed in an 84-page "statement of deficiencies and plan of correction" for Wilkes County Adult Care on Resthome Road.
The deficiencies were identified in an investigation conducted June 23-30 by the Adult Care Licensure Section of DHHS and the Wilkes Department of Social Services. Wilkes DSS initiated the investigation June 10 after receiving a complaint.
On Monday in Wilkes Superior Court, Judge John O. Craig III of Greensboro issued a preliminary injunction blocking revocation of Wilkes County Adult Care's state license to operate as an assisted living facility.
DHHS sought the revocation based on violations of state regulations the agency reported finding at the facility between 2014 and this past February. DHHS contends that the health, safety and welfare of residents are threatened and that the facility won't likely achieve compliance, based on its recent history of non-compliance.
Craig said he wanted to give Reema Owens of Charlotte, owner of Wilkes County Adult Care, a chance to present her side in court. He said he believed the case would go to the Office of Administrative Hearings for a ruling on whether Owens correctly appealed the revocation and then return to him for action on the revocation.
Meanwhile, he said, the facility can remain open and be monitored by the state. A DHHS spokesman said the state had the option of responding to the facility's petition for judicial review.
The facility's records show a daily average census of 50 to 51 residents from June 9-23. On Tuesday, a person in the Wilkes County Adult Care office said the facility had 36 residents and 23 employees. It is licensed for a capacity of 99 people.
Sexual relations
The report said a woman ("Resident #53") who wasn't a responsible party and under guardianship of another county due to psychological disorders and drug abuse when she came to Wilkes County Adult Care in June 2015 stated in an interview that she had a sexual/romantic relationship with a female staff person ("Staff R") for about two months before leaving.
The report said this constituted exploitation of the resident.
"Resident #53" said she and "Staff R" had consensual sexual relations in the resident's room at the facility while "Staff R" was on duty, the report stated. "Resident #53" said the facility administrator knew about the romantic/sexual relationship "and expressed a desire to attend their wedding," plus all other staff were aware of it, the report said.
"Resident #53" said that with the administrator's permission, she often went home with "Staff R" when her shift ended each evening and returned with "Staff R" when she returned to work each morning.
"Resident #53" said she got her guardianship rights with the help of "Staff R" on May 31 and moved out the same day to live with "Staff R," the report stated. "Resident #53" said that after two weeks, "Staff R" moved elsewhere and left her homeless and without access to her belongings in the mobile home she had shared with "Staff R."
The report said three other staff members stated that they knew about the romantic relationship.
One of the three said "Resident #53" asked to return to the facility and had a family member request it, but the administrator wouldn't allow this.
Another of the three staff members said "Resident #53" had a prior relationship with a different staff member who no longer worked there and that the administrator knew about both relationships and let "Resident #53" leave the facility with the previous employee and her husband, the report stated.
The report quoted the administrator as saying she wasn't aware of a romantic/sexual relationship between "Resident #53" and "Staff R," and that both denied it when she confronted them separately. She said they also denied it under oath at the guardianship hearing.
According to the report, the administrator said "Resident #53" had her guardian's permission to leave the facility with "Staff R." The administrator said she didn't report the relationship between "Resident #53" and "Staff R" to Wilkes DSS or the Health Care Registry because it was a rumor since no one saw them having sex, the report stated.
The report quoted "Staff R" as saying she and "Resident #53" had a romantic/sexual relationship, but only after "Resident #53" was granted guardianship rights on May 31. "Staff R" said she helped "Resident #53" get this.
The report said DHHS requested but didn't receive a "plan of protection" from exploitation for residents.
Controlled substances
The report said Wilkes County Adult Care's administrator violated regulations by not reporting two suspected drug diversion incidents. It said the facility failed to ensure accountability of prescription medication for four of five residents sampled. All four had psychological disorders.
The report said the facility couldn't account for hundreds of prescription pain pills dispensed, while said log sheets couldn't be found for hundreds of them and some medication listed on log sheets wasn't provided to residents.
These included Oxycodone, Hydrocodone, Norco and Percocet.
One resident said he was aware of pain medication he should have received not being available a few times in a three-month period, the report stated.
A plan of protection involving better accounting of controlled medication is due by Aug. 14, but the report said it was already implemented.
Food
The report said the facility didn't have the mandatory three-day supply of perishable food and five-day supply of non-perishable food for residents. It said nutritional supplements ordered by physicians for three of three residents sampled weren't served.
According to the report, several residents said in interviews that they didn't get enough food and are sometimes hungry. It said staff sometimes bought food for residents.
A representative of the facility's former food vendor company said the company ended business relations with Wilkes County Adult Care by May 1. "The representative stated she could neither confirm nor deny that nonpayment was the reason for the termination of business relations with the company and could not speak about that �due to current litigation regarding payment,'" the report stated.
Records of 18 of 52 residents from April 6 to June 28 showed weight losses of 15, 14, 13, 12 and 11 pounds apiece for five residents. It showed three residents lost 8 pounds each, two lost7 pounds each, three lost 6 pounds each, one lost 4 pounds and one lost 3 pounds. The other three gained 8, 6 and 3 pounds.
The plan of correction in the report called for the operations manager to evaluate new menus, buy a 10-day supply of food to ensure menus are followed correctly and compliance with all modified diets by Aug. 14. It called for kitchen staff to use dietitian-approved menus.
Personal funds, staffing, sanitation
The report said Wilkes County Adult Care failed to assure an accurate accounting of residents' funds and regularly co-mingled them with corporation funds, which it said violated regulations.
According to the report, the business office manager said a safe containing $2,000 was stolen from the business office when it was broke into in Jan. 2016. The business office manager said that as a result, she kept money belonging to residents in her home and brought it to the facility when disbursements were due.
The report said minimal staffing requirements weren't met in six of 15 third shifts between June 9 and 23. It said only one personal care aide and one supervisor were scheduled to work in these six shifts.
According to the report, the owner/licensee (Owens) said on June 29 that she knew the third shift was short staffed occasionally but thought the administrator slept in her office at night.
It was stated in court Monday that many of the residents have psychological conditions and need supervision. They're from all over the state.
The report said the facility failed to meet the requirements of maintaining a sanitation grade of at least 85 and have an adequate supply of bath soap and washcloths available for residents at all times.
Earlier violations
DHHS cited the facility in February for violating regulations related to sanitation, fire safety, medication orders, pharmaceutical care, accidents and incident reporting, personal care and supervision, health care referral and follow-up, resident rights, accounting of residents' funds, settlement of care cost and other areas.
Other state inspection reports have cited a lack of adequate locking mechanisms on doors to prevent residents ruled incompetent or identified as having psychological problems from walking off from the facility.
Inspection reports noted incidents of residents walking away from the facility before being found along highways and elsewhere.
These and other issues, including lack of staff and food for residents, are listed in an 84-page "statement of deficiencies and plan of correction" for Wilkes County Adult Care on Resthome Road.
The deficiencies were identified in an investigation conducted June 23-30 by the Adult Care Licensure Section of DHHS and the Wilkes Department of Social Services. Wilkes DSS initiated the investigation June 10 after receiving a complaint.
On Monday in Wilkes Superior Court, Judge John O. Craig III of Greensboro issued a preliminary injunction blocking revocation of Wilkes County Adult Care's state license to operate as an assisted living facility.
DHHS sought the revocation based on violations of state regulations the agency reported finding at the facility between 2014 and this past February. DHHS contends that the health, safety and welfare of residents are threatened and that the facility won't likely achieve compliance, based on its recent history of non-compliance.
Craig said he wanted to give Reema Owens of Charlotte, owner of Wilkes County Adult Care, a chance to present her side in court. He said he believed the case would go to the Office of Administrative Hearings for a ruling on whether Owens correctly appealed the revocation and then return to him for action on the revocation.
Meanwhile, he said, the facility can remain open and be monitored by the state. A DHHS spokesman said the state had the option of responding to the facility's petition for judicial review.
The facility's records show a daily average census of 50 to 51 residents from June 9-23. On Tuesday, a person in the Wilkes County Adult Care office said the facility had 36 residents and 23 employees. It is licensed for a capacity of 99 people.
Sexual relations
The report said a woman ("Resident #53") who wasn't a responsible party and under guardianship of another county due to psychological disorders and drug abuse when she came to Wilkes County Adult Care in June 2015 stated in an interview that she had a sexual/romantic relationship with a female staff person ("Staff R") for about two months before leaving.
The report said this constituted exploitation of the resident.
"Resident #53" said she and "Staff R" had consensual sexual relations in the resident's room at the facility while "Staff R" was on duty, the report stated. "Resident #53" said the facility administrator knew about the romantic/sexual relationship "and expressed a desire to attend their wedding," plus all other staff were aware of it, the report said.
"Resident #53" said that with the administrator's permission, she often went home with "Staff R" when her shift ended each evening and returned with "Staff R" when she returned to work each morning.
"Resident #53" said she got her guardianship rights with the help of "Staff R" on May 31 and moved out the same day to live with "Staff R," the report stated. "Resident #53" said that after two weeks, "Staff R" moved elsewhere and left her homeless and without access to her belongings in the mobile home she had shared with "Staff R."
The report said three other staff members stated that they knew about the romantic relationship.
One of the three said "Resident #53" asked to return to the facility and had a family member request it, but the administrator wouldn't allow this.
Another of the three staff members said "Resident #53" had a prior relationship with a different staff member who no longer worked there and that the administrator knew about both relationships and let "Resident #53" leave the facility with the previous employee and her husband, the report stated.
The report quoted the administrator as saying she wasn't aware of a romantic/sexual relationship between "Resident #53" and "Staff R," and that both denied it when she confronted them separately. She said they also denied it under oath at the guardianship hearing.
According to the report, the administrator said "Resident #53" had her guardian's permission to leave the facility with "Staff R." The administrator said she didn't report the relationship between "Resident #53" and "Staff R" to Wilkes DSS or the Health Care Registry because it was a rumor since no one saw them having sex, the report stated.
The report quoted "Staff R" as saying she and "Resident #53" had a romantic/sexual relationship, but only after "Resident #53" was granted guardianship rights on May 31. "Staff R" said she helped "Resident #53" get this.
The report said DHHS requested but didn't receive a "plan of protection" from exploitation for residents.
Controlled substances
The report said Wilkes County Adult Care's administrator violated regulations by not reporting two suspected drug diversion incidents. It said the facility failed to ensure accountability of prescription medication for four of five residents sampled. All four had psychological disorders.
The report said the facility couldn't account for hundreds of prescription pain pills dispensed, while said log sheets couldn't be found for hundreds of them and some medication listed on log sheets wasn't provided to residents.
These included Oxycodone, Hydrocodone, Norco and Percocet.
One resident said he was aware of pain medication he should have received not being available a few times in a three-month period, the report stated.
A plan of protection involving better accounting of controlled medication is due by Aug. 14, but the report said it was already implemented.
Food
The report said the facility didn't have the mandatory three-day supply of perishable food and five-day supply of non-perishable food for residents. It said nutritional supplements ordered by physicians for three of three residents sampled weren't served.
According to the report, several residents said in interviews that they didn't get enough food and are sometimes hungry. It said staff sometimes bought food for residents.
A representative of the facility's former food vendor company said the company ended business relations with Wilkes County Adult Care by May 1. "The representative stated she could neither confirm nor deny that nonpayment was the reason for the termination of business relations with the company and could not speak about that �due to current litigation regarding payment,'" the report stated.
Records of 18 of 52 residents from April 6 to June 28 showed weight losses of 15, 14, 13, 12 and 11 pounds apiece for five residents. It showed three residents lost 8 pounds each, two lost7 pounds each, three lost 6 pounds each, one lost 4 pounds and one lost 3 pounds. The other three gained 8, 6 and 3 pounds.
The plan of correction in the report called for the operations manager to evaluate new menus, buy a 10-day supply of food to ensure menus are followed correctly and compliance with all modified diets by Aug. 14. It called for kitchen staff to use dietitian-approved menus.
Personal funds, staffing, sanitation
The report said Wilkes County Adult Care failed to assure an accurate accounting of residents' funds and regularly co-mingled them with corporation funds, which it said violated regulations.
According to the report, the business office manager said a safe containing $2,000 was stolen from the business office when it was broke into in Jan. 2016. The business office manager said that as a result, she kept money belonging to residents in her home and brought it to the facility when disbursements were due.
The report said minimal staffing requirements weren't met in six of 15 third shifts between June 9 and 23. It said only one personal care aide and one supervisor were scheduled to work in these six shifts.
According to the report, the owner/licensee (Owens) said on June 29 that she knew the third shift was short staffed occasionally but thought the administrator slept in her office at night.
It was stated in court Monday that many of the residents have psychological conditions and need supervision. They're from all over the state.
The report said the facility failed to meet the requirements of maintaining a sanitation grade of at least 85 and have an adequate supply of bath soap and washcloths available for residents at all times.
Earlier violations
DHHS cited the facility in February for violating regulations related to sanitation, fire safety, medication orders, pharmaceutical care, accidents and incident reporting, personal care and supervision, health care referral and follow-up, resident rights, accounting of residents' funds, settlement of care cost and other areas.
Other state inspection reports have cited a lack of adequate locking mechanisms on doors to prevent residents ruled incompetent or identified as having psychological problems from walking off from the facility.
Inspection reports noted incidents of residents walking away from the facility before being found along highways and elsewhere.
