Uncovering Abuse in Arizona Assisted Living Facilities: What Residents and Their Families Need to Know

In a recent blockbuster report, two Arizona Republic journalists shed light on some disturbing trends within the Arizona elder care system that have Arizonans of all ages rethinking whether local nursing homes are properly equipped to care for their most vulnerable residents. Sahana Jayaraman and Caitlin McGlade managed to turn one tip from a concerned family member into a sweeping investigation of local nursing home facilities that ultimately resulted in Arizona’s governor and attorney general calling for major changes to local nursing home facilities and their ownership.

According to the National Council on Aging, approximately 1 in 10 Americans over the age of 60 has experienced some form of abuse during their residency. These statistics make clear that elder abuse is startlingly common, and some experts think the rates of abuse are actually on the rise. Let’s take a closer look at some of what The Arizona Republic uncovered in its report and discuss what local residents can do if they suspect a loved one has experienced elder abuse at the hands of nursing home staff or other residents.

What is elder abuse?

First, let’s define what we mean by “elder abuse.” The Centers for Disease Control and Prevention (CDC) defines elder abuse as “an intentional act or failure to act that causes or creates a risk of harm to an older adult.” This form of abuse can take many different shapes, particularly within the framework of America’s elder care industry.

Here are just a few of the ways elder abuse can present itself within nursing home facilities:

• Bedsores
• Malnutrition and dehydration
• Falls
• Bowel and bladder injuries
• Untreated infections
• Broken bones/fractures
• Wandering off/elopement
• Resident-on-resident abuse
• Medication errors
• Wrongful death

Nursing home facilities that fail to properly care for their residents can inflict significant harm on patients and family members alike. While there are often signs and indicators that abuse or neglect may be taking place within an elder care facility, some forms of abuse are more insidious and tend to be swept under the rug by managers and administrators hoping to avoid intense scrutiny.

The Arizona Republic focused on many of these forms of abuse in its report and called attention to the many ways in which nursing home staff and management contribute to poor outcomes for elderly residents of all backgrounds and abilities.

Unsupervised, understaffed and under-funded: Key takeaways from The Arizona Republic’s report

In their bombshell report on nursing home abuse in Arizona, journalists Jayaraman and McGlade found that many elder care facilities in the state had been summarily ignoring dangerous incidents of resident-on-resident abuse within their communities. Even as citations for these facilities surged, management frequently claimed they had limited ability to ensure residents’ safety, even when some of the most prevalent threats came from other elderly residents under their care.

The startling frequency of these resident-on-resident abuse incidents raised major questions about the ability of local nursing homes to adequately supervise their residents while providing essential services. All too often, elder care facilities find themselves understaffed, strained for resources, and lacking hands-on managerial support. As a result of these shortcomings, residents are often left to their own devices, with facilities placing a disproportionate amount of emphasis on covering up their internal crises rather than striving to prevent them in the first place. The report from The Arizona Republic highlighted just how common these staffing challenges are within the Arizona elder care system and noted that one of the best ways to mitigate the harm caused by elder abuse and neglect is to ensure that facilities are consistently and adequately staffed by experienced and caring professionals.

The reporters also noted that a lack of financial transparency from nursing home owners is contributing to the pervasive lack of oversight within the industry. For-profit, privately owned nursing homes and assisted living facilities have long faced public scrutiny over their questionable financial practices. While it may be tempting to assume that a nursing home’s business structure or profitability has little to do with the day-to-to-life of its residents, the reality is that these profit-driven business models often contribute to poor resident outcomes because nursing homes find themselves torn between providing quality care and attempting to cut costs.

Greater transparency around these business practices could help local residents make more informed decisions about which facilities to entrust with caring for their elders. This enhanced transparency, in conjunction with more effective staffing and supervisory efforts, could further contribute to more robust regulatory protocols across the board and help to ensure more positive outcomes for Arizona’s nursing home residents and their families.

Will there be any major changes in the wake of the investigation?

Ideally, investigative journalism should yield changes and reform, particularly when an investigation uncovers active and ongoing harm. To that end, a few major changes seem poised to come about as the result of The Arizona Republic’s reporting. Following publication of this report, Arizona Governor Katie Hobbs and Attorney General Kris Mayes took action against one major perpetrator uncovered in the investigation, Heritage Village. The owner of this facility was removed from their position, and a receivership was implemented to allow a court-appointed monitor to take over operations at the nursing home. The Health Department also scaled up its regulatory efforts and initiated the process of revoking the facility’s license as the result of their repeated violations.

More broadly, some of the findings of this report led the Arizona State Legislature to pass a new law aimed at shoring up requirements and expectations related to caring for nursing home residents with memory impairments like dementia and Alzheimer’s. The new law will officially go into effect on July 1, 2025, and will require:

• Eight hours of memory care training for staff.
• Four hours of continuing education each year.
• Fine increases for violations at long-term care facilities from $500 to up to $1,000 for each violation.

Additionally, the reporters responsible for this top-tier investigative report worked to develop new research tools for Arizona residents searching for a trustworthy, well-reputed facility for their family members. The database, accessible via azcentral.com,  provides local residents with comprehensive, searchable databases that provide high-level information about local facilities – their licensing history, documented deficiencies, violations, and more.

This user-friendly database is designed with the average user in mind and seeks to translate complaints, reports, and licensing information into more easily digestible terms. The Arizona Republic also compiled information about resident-on-resident incidents, which may not always be included in other databases. All of these features combined allow users to more easily understand the options available to them for their local elder care needs while empowering families to make more informed decisions about their loved ones’ care.

Has your family experienced elder abuse in Arizona?

If your family is concerned about abuse or neglect perpetrated by an elder care facility in the State of Arizona, the team at Garcia and Artigliere is standing by to help you navigate the legal system with confidence. We specialize in helping families fight back against the abuses that run rampant within the elder care industry while advocating for the health, safety and dignity of some of the most valued members of our communities. With over 30 years of experience in elder abuse litigation, Stephen Garcia and his team are paving the way for a brighter future for elders and their families.

Whether you are working through issues related to neglect, abuse, or resident-on-resident violence, our team has the knowledge and experience necessary to help you fully understand your legal options and work toward the best possible outcome for your family. Reach out today to schedule a consultation with a member of our team, and let’s explore how we can help you exercise your rights and get the support you and your loved ones deserve during this difficult time.