Banyan Place Assisted Living Lawsuits and Legal Issues
Banyan Place is a for-profit, 125-bed facility located at 2950 NW 5th Avenue, Boca Raton, Florida 33431. Since June 2014, the facility has been owned/licensed by Banyan Realty BR, LLC. The facility offers a variety of activities for their residents as well as audiology, memory care, occupational therapy, pet therapy, physical therapy, and speech therapy.
Banyan Realty BR LLC Lawsuits
A 2017 lawsuit was filed by Banyan Realty called Banyan Relaty BR LLC vs. Morgan, although this is a breach of contract case. Although no recent lawsuits have been filed against Banyan Place for assisted living negligence, the facility has been cited for deficiencies by the Florida Agency for Health Care Administration (“AHCA”). AHCA ensures that Florida’s health care facilities – including nursing homes and assisted living facilities – are in compliance with Florida regulations.
Banyan Place has been cited for the following:
Standard Statement of Deficiencies dated 6/20/2018
During an unannounced survey, AHCA found several deficiencies. First, a resident’s progress report noted that he had been sent to the hospital during his stay at Banyan Place and consequently had been discharged back to the facility. However, the facility failed to fill out a new 1823 form reflecting the significant change to his condition, as required.
The surveyor also found that one resident who suffered from memory loss had eloped from the facility and returned approximately thirty minutes later by a police officer. This particular resident had been moved from one building of the facility, which was primarily for higher functioning residents, to another where residents required more care. An AHCA 1823 form had been filled out for that resident but it failed to note whether extra precautions and safety measures were required for that particular resident.
The facility had also failed to ensure that all staff received required in-service training after thirty days of employment and had failed to keep an adequate supply of non-perishable foods in the case of an emergency. Finally, for two out of four sampled residents, the facility had not provided a provision in their contracts stating that they would provide at least thirty days’ written notice for any rate increase.
Standard Statement of Deficiencies dated 9/22/2016
During a biennial relicensure survey, the surveyor interviewed the Administrator of Banyan Place, who stated that no residents at the facility were suffering from pressure sores. The surveyor found one resident who had three pressure sores: one on his sacrum and two on his right food. That resident’s records stated that he had no pressure sores. Upon interviewing the Assistant Administrator, he admitted that he knew of that resident’s pressure sore since earlier in the year. AHCA found that given the lack of a proper plan of care and treatment for the pressure sore, the resident’s continued residency at Banyan Place was not appropriate.
The surveyor also found that residents’ meals were not thickened properly as indicated on their medical records. One resident who required a “soft diet with thickened liquids” was simply given pureed soup and unthickened water for lunch. The surveyor observed that this resident coughed several times after consuming the meal, risking aspiration. Another resident required thickened foods the consistency of jello. The staff prepared a cup of water for the resident by pouring in the thickener and immediately tipping it into the resident’s mouth. The thickening agent stated on the label that it should be served “30 seconds to a minute” after preparation.
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