Aly's Senior Living LLC

Based on record review, documentation review, and interview, the manager failed to terminate residency of a resident with a 14-calendar-day written notice of termination of residency for any of the conditions in subsection (C), for one of one discharged resident reviewed. Findings include: 1. Review of R1's medical record revealed a document titled "Notice to Terminate Agreement" dated May 5, 2023. The document stated "...will terminate immediately..." and indicated the reason for termination was as follows: "Resident is above the licensed level of care." "Resident's medical or health needs exceed the capabilities this facility can provide." "Resident's physical, functional, or emotional needs exceeds the capabilities of this facility." "Resident requires one of one care 24/7." 2. Rule review of R9-10-807(G) on or after October 1, 2019 and the facility's policy and procedure titled "Resident Acceptance, Rights, Termination" reviewed and signed by E2 December 5, 2022 stated: "A manager may terminate residency of a resident as follows: 1. Without notice, if the resident exhibits behavior that is an immediate threat to the health and safety of the resident or other individuals in an assisted living facility; 2. With a 14 calendar day written notice of termination of residency: a. For nonpayment of fees, charges or deposits; or b. Under any of the conditions in subsection (C); or 3. With a 30 calendar day written notice of termination of residency, for any other reason." Review of subsection (C) stated: "1. The individual requires continuous: a. Medical services; b. Nursing services unless the assisted living facility complies with A.R.S.36-401(C); or c. Behavioral Health Services; 2. The primary condition for which the individual needs assisted living services is a behavioral health issue; 3. The assisted living services needed by the individual are not within the assisted living facility's scope of services and a home health agency or hospice service agency is not involved in the care of the individual; 4. The assisted living facility does not have the ability to provide the assisted living services needed by the individual; or 5. The individual requires restraints, including the use of bedrails." 3. During an interview, E1 acknowledged R1 was terminated immediately and was not given a 14-calendar-day written notice.

Based on record review and interview, the manager failed to ensure the written notice of termination of residency in subsection (G) included a copy of the resident's current service plan and documentation of the resident's freedom from infectious tuberculosis, for one of one discharged resident reviewed. Findings include: 1. Review of R1's medical record revealed a document titled "Notice to Terminate Agreement" dated May 5, 2023. However, this written notice did not include a copy of R1's current service plan and documentation of R1's freedom from infectious tuberculosis. 2. During an interview, E1 reported R1's termination notice did not included the current service plan and documentation of freedom from infectious tuberculosis as required.