A state Supreme Court has upheld a citation against an assisted living community for failing to provide a safe living environment and not adequately training its staff members in COVID-19 infection control measures at the height of the pandemic.
The Idaho Supreme Court recently affirmed a District Court’s decision and a hearing officer’s determination that the Idaho Department of Health and Welfare’s enforcement action against Grace at Fairview Lakes was justified. The high court found “substantial evidence” that the community did not properly implement infectious disease controls identified in Centers for Disease Control and Prevention guidance, which led to an unsafe living environment.
According to court records, in June 2020 at the height of the pandemic, 26 residents and up to four staff members at the Meridian, ID, assisted living and memory care community tested positive for COVID-19. Two residents subsequently died from complications associated with the virus.
The state received a complaint alleging that Grace was not complying with the CDC’s recommended COVID-19 infection control measures. A state investigation from Aug. 24 to Sept. 2, 2020, led to a citation to the community for not providing a safe living environment for residents and failing to adequately train staff members, failing to comply with CDC guidance and failing to report COVID-19 cases.
The state report said that neither the facility administrator nor the nurse were appropriately trained to implement basic precautions to limit the spread of the virus, nor did they follow facility policies on infection control during the pandemic. Specifically, the state noted that symptomatic staff members continued working and were not masking, that no screening procedures were in place for staff members or visitors, and that social distancing was not implemented for residents in the dining room or during activities.
As a result, the state banned new admissions until the training and infection control issues were addressed. The state determined that the community was in compliance and lifted the provisional license and ban on new admissions on April 29, 2021.
Several challenges to the citation by the community were thwarted, which led to a state Supreme Court appeal. Grace argued that the District Court erred because the hearing officer’s decision affirming the citation was not supported by substantial evidence. The state Supreme Court ruled otherwise.
Grace had not responded to a request for comment from McKnight’s Senior Living by the production deadline.
