The Tennessee Department Division of Healthcare facilities released a final consent order to the Terrace at Mountain Creek.
This stems from a complaint investigation back in August.

Surveyors found that medications weren't given to 13 residents. The order says it was because there wasn't enough employees.

"The case law it's pretty similar as far as the under-staffing, people not getting medications," said Roger Layne. 

Layne is an attorney representing Janice Marsden who sent Channel 3 the letters she sent to the Terrace at Mountain Creek in September. He says the consent order falls right in line with what Marsden told him about the facility. They have not filed a formal lawsuit against the assisted living facility at this point. 

"A lot of the things they're missing like medication, can impact someone's health negatively," said Layne. 

The report gave three examples of residents who had not received an appropriate amount of showers. It stated that one person received one shower in 48 days. 

It stated that one resident had no records of receiving a bath in a 39-day period. The surveyors stated that the resident was unclean, unshaven, and had severe body odor.

When confronted about the amount of showers that resident had been given, the report states that the former director of wellness said, "It is a process. What do you expect me to do? I can't do it all."

Another thing the surveyors found was that residents were drinking out of foam cups and bowls because proper drinking glasses weren't provided for residents. 

One resident complained that he had to urinate on himself multiple times because there wasn't a staff member available to help him go to the bathroom. 

The surveyors also stated that the facility failed to provide a clean and sanitary environment. In a 4th floor cleaning supply room they observed trash bags containing residents' trash, including soiled incontinence products. 

A fire drill was also conducted when surveyors were there at 4:51 a.m. During the drill the facility failed to evacuate 52 residents out of 75 in 13 minutes, and only five staff members were on duty at the time. 

Layne says his client brought this to the attention of the state months ago, and now it's up to the state to enforce sanctions against the Terrace at Mountain Creek. 

"But the state has been noticing what happened and there hasn't been a sustained change at the Terrace, so something has just got to be done about it," said Layne.

The Terrace at Mountain Creek also must pay a $29,000 fine to the Tennessee Department of Health by October 30. Also in the disciplinary action taken, the facility is expected to change management companies. The current management company is Discovery Senior Living. 

Richard Totorico with Discovery Senior Living sent Channel 3 this statement:

"We cannot comment on the Consent Order; however, we continue to work tirelessly with the on-site management team, the state, and the owners on the situation at the Terraces. We remain committed to ensuring the safety and the high level of care for the residents and their families."

The facility has had a new executive director in place since May 20, 2019 and a new director of health and wellness since September 23, 2019. 

Channel 3 also reached out to executive director Steven Vogel. He has not responded at this time. 

The Terrace at Mountain Creek can apply for the probation to be lifted once they are back in compliance and they have changed all the things listed in the consent order.

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