The Windsor assisted living was found in non-compliance during 2019
The Windsor assisted living facility, located at 2800 60th Avenue West, Bradenton, Florida 34207, is a 54-bed for-profit ALF run by a company based in Kansas. During an unannounced inspection that occurred during 2019, this assisted living facility was determined to be in non-compliance with Florida law.
Staffing standards and employee background checks deemed not up to par
The Windsor was cited by Florida officials for, among other things, failing to meet the following requirement under Florida law pertaining to staffing standards:
(2) STAFF. (a) Within 30 days after beginning employment, newly hired staff must submit a written statement from a health care provider documenting that the individual does not have any signs or symptoms of communicable disease. The examination performed by the health care provider must have been conducted no earlier than 6 months before submission of the statement. Newly hired staff does not include an employee transferring without a break in service from one facility to another when the facility is under the same management or ownership. 1. Evidence of a negative tuberculosis examination must be documented on an annual basis. Documentation provided by the Florida Department of Health or a licensed health care provider certifying that there is a shortage of tuberculosis testing materials satisfies the annual tuberculosis examination requirement. An individual with a positive tuberculosis test must submit a health care provider’s statement that the individual does not constitute a risk of communicating tuberculosis. 2. If any staff member has, or is suspected of having, a communicable disease, such individual must be immediately removed from duties until a written statement is submitted from a health care provider indicating that the individual does not constitute a risk of transmitting a communicable disease. (b) Staff must be qualified to perform their assigned duties consistent with their level of education, training, preparation, and experience. Staff providing services requiring licensing or certification must be appropriately licensed or certified. All staff must exercise their responsibilities, consistent with their qualifications, to observe residents, to document observations on the appropriate resident’s record, and to report the observations to the resident’s health care provider in accordance with this rule chapter. (c) All staff must comply with the training requirements of rule 58A-5.0191, F.A.C. (d) An assisted living facility contracting to provide services to residents must ensure that individuals providing services are qualified to perform their assigned duties in accordance with this rule chapter. The contract between the facility and the staffing agency or contractor must specifically describe the services the staffing agency or contractor will provide to residents. (e) For facilities with a licensed capacity of 17 or more residents, the facility must: 1. Develop a written job description for each staff position and provide a copy of the job description to each staff member; and, 2. Maintain time sheets for all staff. (f) Level 2 background screening must be conducted for staff, including staff contracted by the facility to provide services to residents, pursuant to sections 408.809 and 429.174, F.S.
The complete inspection report may be accessed and read here: https://tinyurl.com/tyx4wmm
Have concerns about the care a loved one is receiving in a local assisted living facility?
I provide a free, confidential consultation. You may reach me at (941) 485-7600. Our law firm fights to hold bad assisted living facilities accountable for the harm they cause our seniors and to improve the quality of care for all Floridians. James Edwin Keim, Elder Abuse Lawyer available by appointment in our Lakewood Ranch office.