PEORIA, Ariz. — 60 elderly residents at Avanti Senior Living in north Peoria are scrambling to find new places to live after the Arizona Department of Health Services stripped the facility's license. The Texas-based company has been involved in a multi-year battle with the state over what they call "administrative and paperwork infractions."
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Court documents said the department began an investigation into Avanti in March 2023 after they received multiple complaints. After inspecting the building, a compliance officer found 24 violations of Arizona's Administrative Code.
The state alleges that Avanti did not submit proper documents to the state for their quality management report, did not notify residents of available vaccines, hired at least one caregiver who did not have the qualifications to meet their residents' needs and did not include their termination policy on residency agreements, amongst other violations.
Avanti appealed a notice given to them by the state and the matter went before an administrative law judge. During testimony before that judge, Avanti claimed that these violations did not pose a direct threat to the life, health, or safety of their residents.
They also claimed that some of the violations were the result of turnover at the facility during the COVID-19 pandemic. The judge ruled that Avanti had an "inability to follow procedure and protocol," and noted that many of the violations were repeated after AZDHS told them to get into compliance.
The judge ruled that these violations did pose a direct risk to the life, health and safety of the residents, and said it would be appropriate to revoke their license. Avanti was informed of this on July 1, 2024, court documents say.
12News spoke with multiple families who have elderly loved ones living at Avanti Senior Living who spoke glowingly of the care their family members were given during their time at the facility.
"The staff has always been unbelievably loving, caring, and has saved her life on two separate occasions, just by making sure that she was seen by a doctor when she needed it," Karen Cox, whose mother lives at Avanti, said.
Cox said she wasn't informed that Avanti had lost its license to operate until Nov. 21, giving her family a little over two weeks to find other living arrangements.
"It's not one of these situations where it's an inexpensive way to manage it, you have to, first of all, find a place that has an opening," Cox said. "Second of all, then you have to pay administration fees, which are upwards of $3,000 just to get into the door."
Rosalind Rogers and her mom, Carolyn, are in a similar situation. They have been searching for a new place for Carolyn to live for three days now with little luck finding a facility suited for her needs.
"She's very, very confused, and she doesn't really understand all that's going on, because it's everyone's disappearing, moving out. It's very empty," Rogers said.
Rogers said she and her mother both "wish they weren't closing," and added that the staff has been "wonderful" to her mom.
12News asked Avanti why they waited until November 21 to inform their residents of their license being revoked, and the impact it would have on their residents. They provided the following statement:
Avanti Senior Living Peoria has been involved in an important battle to keep its license over administrative and paperwork infractions. These infractions had NO IMPACT on residents’ care or well-being. Period. Even though Avanti feels it would eventually prevail, it is working on a more immediate resolution to avoid any disruptions for its residents. That is and will always be our priority. Avanti has been an outstanding operator. We have offered a viable solution to the DHS— in writing — that would allow the residents to remain in their home with their friends and the staff they have learned to trust.
During this time our dedicated team has been supporting the residents and families. We understand how unsettling and frustrating this news must be. Our hearts go out to our residents and our staff during this challenging time, especially during the holidays. Ironically, we came to Arizona to help improve its reputation with senior care. Sadly, a bureaucratic system, at least in our case, has created roadblocks. We hope to work with ADHS to create a better path forward for our residents, families, and staff.
The Arizona Department of Health Services is pushing back on Avanti's claims that their violations were mere administrative and paperwork infractions. They issued this statement to 12News:
This is a fluid situation. On behalf of ADHS, this is the letter that the Long-Term Care Ombudsman shared with Avanti Senior Living's affected residents and family:
The Arizona Department of Health Services’ mission is to promote, protect, and improve the health and wellbeing of all Arizonans. As part of that mission, ADHS licenses, regulates, and provides assistance to healthcare facilities so they can maintain a high standard of care for Arizona residents. In the event that our efforts to provide coaching and corrective action to licensees are not heeded, we must occasionally take the unfortunate step of revoking a healthcare institution’s license.
Recently, we were alerted that a senior living facility in Peoria, Avanti Senior Living, instructed residents to secure alternative living arrangements. The guidance did not provide an explicit timeline and misled residents about when the facility's license was revoked as well as the reason behind the revocation. Despite having over a year to prepare residents for the possibility of the facility’s closure, it appears Avanti denied the reality and severity of the situation and is attempting to pass this off as a mere paperwork error.
ADHS notified Avanti over a year ago that the facility’s unresolved pattern of negligent practices had risen to an unacceptable level, and that to preserve the wellbeing of their residents we would be moving to revoke their license. Throughout the process, the Department was willing to negotiate a settlement agreement to avoid revocation, but Avanti chose to fight the Department's decision through the judicial process. Two courts subsequently upheld ADHS’ decision to revoke Avanti’s license, and an Administrative Law Judge went so far as to say that the facility’s behavior “demonstrated a blatant disregard for rules, procedures, and law.”
Timeline of Events:
Resident health and safety are our top priority. ADHS exhausted all options to bring Avanti Senior Living into substantial compliance and avoid licensure revocation. The facility has a multi-year history of regulatory violations including repeated deficiencies that posed a direct risk to the health and safety of residents. A detailed history of citations and enforcement history can be viewed here.
August 14, 2023 – ADHS provided Avanti with a Notice of Intent to Revoke their license. Avanti had several opportunities to negotiate a settlement agreement with ADHS.
May 28, 2024 – An Administrative Law Judge affirmed ADHS’ decision to revoke Avanti’s license. Avanti appealed this decision.
November 4, 2024 (Court entered the Order on November 6, 2024) – A Superior Court denied a motion to stay the revocation, effectively terminating Avanti’s license. The ALJ decision documentation can be found under the November 6th Notice of Intent to Revoke enforcement action.
To the residents, family members, and staff who are just learning of Avanti Senior Living’s license revocation, the Department shares in your disappointment and concern. We are doing everything in our power to ensure the residents who call Avanti home continue to receive the services and care they deserve, including working with the state’s Long Term Care Ombudsman and Adult Protective Services, and we are continuing to monitor on-site safety conditions. We encourage residents and loved ones to reach out with concerns throughout this process.