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Lillian's Loving Care
3736 Turnpike Road
Portsmouth, VA 23701
(757) 393-9241

Current Inspector: Donesia Peoples (757) 353-0430

Inspection Date: Dec. 4, 2019

Complaint Related: Yes

Areas Reviewed:
22VAC40-73 PERSONNEL
22VAC40-73 RESIDENT CARE AND RELATED SERVICES

Comments:
An unannounced complaint inspection was conducted by the Licensing Inspector from the Eastern Regional Office. The inspection was conducted on December 4th, 2019 from 9:46 am until 4:49 pm. There were 25 residents in care. The complaint alleged concerns regarding resident rights. Specifically, the complaint alleged the facility did not allow a resident access to information contained in their record, missing personal possessions, denied access to needed mental health services, alleged verbal abuse and possible financial exploitation, as well as concerns regarding the resident's medical insurance.
During the inspection, resident records and financial statements were reviewed. Resident and staff interviews were conducted. Off-site interviews were also conducted. Based on the information obtained during this inspection, the complaint was found to be valid regarding the resident's access to their own record and missing personal possessions. Other areas were not substantiated during this inspection. During the inspection, there was discussion regarding resident accounts, management of resident funds, and the facility's policy regarding outside vendors and services for residents.
Please complete the "plan of correction" and "date to be corrected" for each violation cited on the violation notice. The plan of correction must indicate how the violation will be or has been corrected. Your plan of correction should include: 1. Step(s) to correct the non-compliance 2. Measures to prevent re-occurrence 3. Person(s) responsible for implementing each step and/or monitoring any preventive action(s).

Violations:
Standard #: 22VAC40-73-230-B
Complaint related: No
Description: Based on record review and interview, the facility failed to maintain a written agreement between the facility and any resident who performed staff duties, that specified the duties, hours of work, and compensation. The agreement should not be a condition for continued residence at the facility, and should be voluntarily entered in by the resident.

1. During interview, resident #1 stated that staff #1 would often ask her to do the dishes after all residents finished eating dinner and to assist with other residents' laundry. Resident #1 stated she completed these duties, but did not agree to assisting with washing dishes or laundry and did not sign a written agreement. The resident stated staff #1 did not pay in cash but provided coffee, cigarette, or a doughnut as payment.
2. During review of the record on 12-4-19, resident's record did not contain a written agreement documenting the duties agreed to by the resident and the facility.

Plan of Correction: The provider's responses for the "plan of correction" were not received as of 2/10/2020 and will not appear on this Violation Notice.

Standard #: 22VAC40-73-550-C
Complaint related: Yes
Description: Based on interviews, the facility failed to ensure a resident of an assisted living had the rights and responsibilities as provided in ? 63.2-1808 of the Code of Virginia, to include the right to be permitted to retain personal clothing and possessions.

Evidence:
1. A complaint was received alleging resident #1 has continuous problems with her clothing missing. During interview, staff #1 stated that when resident #1 moved from their sister facility, the resident was asked to downsize the amount of clothing. Staff #1 stated resident #1 had 10 bags of clothing and reduced it to 5 bags. According to staff #1, the resident did not want the remaining 5 bags of clothing. Staff #1 stated she contacted resident #1's family to request they pick up the remaining 5 bags clothing.
2. During interview, resident #1 stated that the clothing that was left at the sister facility has not been returned to her. Resident #1 indicated that she told staff #1 that she did want to keep the clothing. According to resident #1, she asked staff #1 to return the clothing but staff #1 "ignored" the request.
3. Three additional off-site interviews stated that the facility did not contact family to request for the clothing to be picked-up.

Plan of Correction: The provider's responses for the "plan of correction" were not received as of 2/10/2020 and will not appear on this Violation Notice.

Standard #: 22VAC40-73-560-G
Complaint related: Yes
Description: Based on record review and interview, the facility failed to ensure a resident was allowed access to their own records.

Evidence:
1. A complaint was received indicating that the facility was withholding a resident's record and the information enclosed in the record from the resident.
2.On 12-4-19 during interview, staff #1 stated that resident #1's family member requested information from the resident's record, however, the family member was not a legal representative of resident #1, therefore the information was not provided on 11-25-19 at the time of request.
3. During a off-site interview, resident #1 stated that the information in the record was requested on numerous occasions by the resident. Resident also stated that a family member also requested the record in the resident's presence, however the facility did not provide the information at the time of request.

Plan of Correction: The provider's responses for the "plan of correction" were not received as of 2/10/2020 and will not appear on this Violation Notice.

Disclaimer:
This information is provided by the Virginia Department of Social Services, which neither endorses any facility nor guarantees that the information is complete. It should not be used as the sole source in evaluating and/or selecting a facility.

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