[redacted], Corporate Representative, who consents to testify on its behalf, for a deposition upon oral examination on the 22nd day of July, 2015, commencing at 9:00 a.m.. at the offices of [redacted], on the topics and matters identified in Exhibit A. This notice of deposition duces tecum is pursuant to K.S.A. 60-230(b)(1), and, therefore, Plaintiff requests that the designee(s) produce for copying and inspection the documents described in Exhibit B.

Notice is provided that the deposition may be videotaped.

EXHIBIT A TO DEPOSITION NOTICE FOR DEFENDANT FACILITY

 

The following topics, subject matters and requests for production of documents shall apply to those policies, procedures, rules, regulations, bylaws, and guidelines that were in force and effect during Plaintiff’s residency at Defendant’s Facility in 2012 unless otherwise specified:

1. The deponent’s title; work experience and background; education; training; qualifications; knowledge and understanding of the allegations in Plaintiff’s First Amended Petition, along with the facts, circumstances, or involvement, if any, in Plaintiff’s care at Defendant’s Facility; and deposition preparation.
2. All documents reviewed in preparation for the deponent’s deposition as Defendant’s corporate representative in this case.
3. Types of adult care homes available in Kansas in 2012 to residents, such as Plaintiff and the level of nursing care provided in each such adult care homes, as defined by the applicable Kansas statutory and regulatory law.
4. Duties, responsibilities and function of Defendant’s “nursing personnel,” as defined by K.A.R. 26-39-100(uu).
5. The identity(s) of Defendant’s “nursing personnel,” as defined by K.A.R. 26-39-100(uu), assigned to provide care to Plaintiff while she was a resident at Defendant’s Facility.
6. The identity(s) of Defendant’s “nursing personnel,” as defined by K.A.R. 26-39-100(uu), who provided care to Plaintiff while she was a resident at Defendant’s Facility.
7. The education, training, and qualification of Defendant’s “nursing personnel,” as defined by K.A.R. 26-39-100(uu), who provided care to Plaintiff while she was a resident at Defendant’s Facility.
8. The expertise of Defendant’s nursing personnel, as defined by K.A.R. 26-39-100(uu), who provided care to Plaintiff while she was a resident at Defendant’s Facility.
9. Duties, responsibilities and function of Defendant’s director of nursing.
10. The education, training, and qualification of Defendant’s director of nursing.
11. The expertise of Defendant’s director of nursing.
12. The education, training, and qualification of Defendant’s Health Care Coordinator referenced in Plaintiff’s Negotiated Service Agreement/Place of Care and/or Health Care Service Plan.
13. The expertise of Defendant’s Health Care Coordinator referenced in Plaintiff’s Negotiated Service Agreement/Place of Care and/or Health Care Service Plan.
14. Duties, responsibilities and function of Defendant’s Health Care Coordinator referenced in Plaintiff’s Negotiated Service Agreement/Place of Care and/or Health Care Service Plan.
15. The education, training, and qualification of Defendant’s Executive Director/Operative referenced in Plaintiff’s Negotiated Service Agreement/Place of Care and/or Health Care Service Plan.
16. The expertise of Defendant’s Executive Director/Operative referenced in Plaintiff’s Negotiated Service Agreement/Place of Care and/or Health Care Service Plan.
17. Duties, responsibilities and function of Defendant’s Executive Director/Operative referenced in Plaintiff’s Negotiated Service Agreement/Place of Care and/or Health Care Service Plan.
18. Staffing of nursing personnel, as defined by K.A.R. 26-39-100(uu).
    1. Resident census.
    2. Resident acuity.
19. Defendant’s Facility’s resident chart for Plaintiff (produced by [redacted] on behalf of Defendant).
20. The care Plaintiff received while she was a resident of Defendant’s Facility.
21. Plaintiff’s health needs while she was a resident of Defendant’s Facility.
22. Plaintiff’s cognitive status while she was a resident of Defendant’s Facility.
23. Resident negotiated service agreements/care plans.
24. Plaintiff’s negotiated service agreement/plan of care.
25. Resident functional capacity screening.
26. Plaintiff’s functional capacity screening.
27. How Jamie Wallace, Defendant’s Health Care Coordinator (director of nursing) or any other person that held that position during Plaintiff’s residency at Defendant’s Facility) was trained, oriented, and instructed on creating, implementing, reviewing, and updating resident negotiated service agreements/care plans and/or functional capacity screening.
28. Educational, training and/or orientation material used by (or available for use by) Defendant to educate, train and/or orient its staff on the subject matter of caring for residents with dementia, resident safety, fall prevention, significant changes in condition, resident assessment, negotiated service agreements from 2010 to the present.
29. How Defendant’s staff were expected to implement and interpret the policies and procedures of Defendant that it produced in response to Plaintiff’s discovery requests.
30. Defendant’s compliance with its own policies and procedures relating to its care and treatment of Plaintiff.
31. Physician communication regarding Defendant’s residents.
32. Defendant’s interrogatory answers to Plaintiff’s interrogatories.
33. Defendant’s responses to Plaintiff’s requests for production of documents.
34. The source, approval process, purpose, authenticity, and accuracy of the information contained in the following documents attached hereto as Exhibit C, relating to Defendant’s website.
35. Oversight, management and/or involvement of any entity ­– including but not limited to: Tutera Senior Living and Health Care – with the day to day operations of Defendant’s Facility.
36. Advertisement material produced in response to Plaintiff’s Second Set of Request for Production of Documents.
37. Defendant’s corporate structure and the identity of any and all entities that are in any way related to or affiliated with Defendant.
38. Identification of federal, state, and local standards; guidelines; and regulations that governed Defendant’s Facility during Plaintiff’s residency at Defendant’s Facility.
39. How Defendant’s staff were expected to implement; interpret; and comply with federal, state, and local standards, guidelines and regulations that govern Defendant’s Facility.
40. Defendant’s compliance with K.A.R. 26-41-101(a) related to the health services provided to Plaintiff during her residency at Defendant’s Facility.
41. Defendant’s compliance with K.A.R. 26-41-102 during Plaintiff’s residency at Defendant’s Facility.
42. Defendant’s compliance with K.A.R. 26-41-103 during Plaintiff’s residency at Defendant’s Facility
43. Defendant’s compliance with K.A.R. 26-41-105 related to the health services provided to Plaintiff during her residency at Defendant’s Facility.
44. Defendant’s compliance with K.A.R. 26-41-200 related to the health services provided to Plaintiff during her residency at Defendant’s Facility.
45. Defendant’s compliance with K.A.R. 26-41-201 related to the health services provided to Plaintiff during her residency at Defendant’s Facility.
46. Defendant’s compliance with K.A.R. 26-41-202 related to the health services provided to Plaintiff during her residency at Defendant’s Facility.
47. Defendant’s compliance with K.A.R. 26-41-204(a) related to the health services provided to Plaintiff during her residency at Defendant’s Facility.

 

 

 

 

EXHIBIT B TO DEPOSITION NOTICE FOR PLAINTIFF

 

DEFINITIONS

 

A.“Documents” shall mean all writings, recordings, and photographs, including all originals and duplicates, including but not limited to, diaries, contracts, drafts, reports, compilations, schedules, charts, tables, diagrams, drawings, intra-office and inter-office memoranda, emails, photocopies, photographs, circulars, pamphlets, newspaper or magazine articles, correspondence, tape recordings, computer run or printout and any other retrievable data in your possession, custody or control or known to you, wherever located. The term “document” shall also include all non-identical copies (whether different from the originals because of any alterations, notes, comments, or other material contained therein or attached thereto or otherwise), and drafts of all written, printed, recorded or graphic matter of every kind and description, together with any attachment thereto or enclosure therewith in any way relating or referring to or concerning the subject matter of the interrogatory, whether inscribed by hand or by mechanical, electronic, microfilm, photographic, or other means, as well as phonic or visual reproductions.

DOCUMENTS TO PRODUCE

1. Any and all documents identified and/or reviewed in responding to Exhibit A of this deposition notice duces tecum.
2. A copy of all records created, generated, and/or maintained by Defendant and/or its staff pertaining Plaintiff while she was a resident of Defendant’s Facility through the time that Defendant was first notified of this lawsuit (if not already produced in discovery).