Aviata at the Bay Ratings and Violations

Nursing homes in the United States provide key healthcare services for aging adults and individuals recovering from certain health conditions (injuries, surgery, etc.). Many of these facilities perform to expected standards of care, but others fall short and put residents in harm’s way due to abuse or neglect. Aviata at the Bay, a nursing home in Tampa, FL, is one institution with a troubled history of violations and poor quality ratings.

People who suffer from nursing home misconduct deserve the chance to pursue justice with civil lawsuits. At the Nursing Home Law Center, our team of expert attorneys will stand by your side to fight for compensation that covers your legal damages. As a compassionate nursing home abuse law firm, we know what it takes to build a strong claim while allowing you the space to recover physically and emotionally from your experience.

On this page, we will take a closer look at Aviata at the Bay to determine why it has low ratings. Then, we will discuss the legal options residents and families have to sue the at-fault parties and obtain a settlement that covers their losses.

Aviata at the Bay: Skilled Nursing Facility Profile

With so many nursing homes in the United States, a regulatory body is necessary to ensure quality is maintained. The Centers for Medicare & Medicaid Services (CMS) is a federal agency that publishes information about qualified nursing homes. Some of the information you can find on the CMS website includes location data, past inspection reports, ownership, violations, and quality ratings.

Here is some of the latest information about Aviata at the Bay in Tampa, Florida:

Facility Name: Aviata at the Bay (Habana Way OpCo LLC)

Address: 2916 Habana Way, Tampa, FL 33614

CMS Overall Rating: 1 star (much below average)

CMS Health Inspection Rating: 1 star (much below average)

CMS Staffing Rating: 3 stars (average)

CMS Quality Measures Rating: 4 stars (above average)

Federal Fines in the Last 3 Years: 12 fines totaling $168,251

Denied Payments by Medicare in the Last 3 Years: 0 payment denials

Cited for Abuse: Yes

SFF: No

About Aviata at the Bay

Aviata at the Bay is a skilled nursing facility located at 2916 Habana Way, Tampa, FL 33164 that participates in Medicare and Medicaid. This nursing home offers short-term rehabilitation and long-term care services. Aviata Health Group operates the nursing home and is one of the area’s major senior living chains. Aviata’s ownership type is a for-profit limited liability company. The nursing home has 150 certified beds and is not part of a continuing care retirement community or hospital.

If you are a resident at Aviata at the Bay, you can take advantage of the following services and amenities:

• 24-hour skilled nursing care
• Post-acute resident care
• Occupational therapy
• Physical therapy
• Resident discharge planning program
• Alzheimer’s and Dementia health care
• Medically complex patient care
• Daily living assistance (bathing, eating, dressing, etc.)
• Participates in Medicare and Medicaid
• Nutrition/food health support services
• Resident recreational activities

Aviata at the Bay CMS Ratings, Violations, and Safety Inspections

One of the most important duties of the Centers for Medicare & Medicaid Services is evaluating nursing homes and giving them quality ratings. The CMS created a five-star rating system to help potential residents understand the quality of specific facilities. Each institution receives scores in three main categories: health inspections, staffing, and quality measures. These three scores then contribute to a final, overall rating for the nursing home.

The scale for the rating system is as follows:

• One star – Much below average
• Two stars – Below average
• Three stars – Average
• Four stars – Above average
• Five stars – Much above average

Aviata at the Bay received mixed ratings in these four categories. Its overall rating is one star, and health inspections received a similar rating, making this facility one of the worst-rated nursing homes in Florida. However, staffing is rated average at three stars, and quality measures are rated above average at four stars. In the sections below, we will examine the three main categories of CMS ratings to understand the reasoning behind the scores for this Tampa nursing home.

Health Inspections

One star for health inspections reflects a history of health citations and complaints. Typically, every nursing home is inspected once a year or once every two years. However, assessments are also conducted in response to complaints about a facility.

The most recent health inspection report at Aviata was conducted in June 2024. This report issued 20 health citations against the nursing home, far exceeding the state average of 7.3 and the national average of 9.5. While there have been no complaint inspections since September 2024, 28 complaints have resulted in citations over the last three years. During this same period, three citations resulted from self-reported issues.

Let’s look at some specific deficiencies mentioned in these health inspection reports to understand the one-star rating from the CMS:

• A failure to protect each resident from all types of abuse, such as physical, mental, and sexual abuse, physical punishment, and neglect
• A failure to provide activities to meet all residents’ needs
• A failure to provide or obtain dental health services for each resident
• A failure to procure food/nutrition from sources approved or considered satisfactory
• A failure to provide care and assistance to perform activities of daily living for any resident who is unable
• A failure to ensure residents maintain the ability to perform activities of daily living, unless there is a medical reason
• A failure to provide care or services that were trauma-informed and culturally competent
• A failure to provide and implement an infection spread prevention and control program, raising concerns about nursing home infection outbreaks
• A failure to develop and implement a complete care plan that meets all the resident’s needs
• A failure to ensure that a nursing home area is free from accident hazards, which led to immediate safety risks to the residents
• A failure to allow the resident to participate in the development and implementation of his or her person-centered plan of care
• A failure to develop the complete care plan within seven days of the comprehensive assessment and ensure it is prepared, reviewed, and revised by a team of health professionals
• A failure to ensure meals and snacks are served at times in accordance with the residents’ needs, preferences, and requests, and that suitable and nourishing alternative meals and snacks must be provided for residents who want to eat at non-traditional times or outside of scheduled meal times
• A failure to post nurse staffing information every day
• A failure to provide appropriate health care for a resident to maintain and improve the range of motion (ROM), limited ROM, and mobility, unless a decline is for a medical reason
• A failure to give residents notice of Medicaid or Medicare coverage and potential liability for services not covered
• A failure to set up an ongoing quality assessment and assurance group to review quality deficiencies and develop corrective plans of action
• A failure to honor the resident’s right to a safe, clean, comfortable, and homelike environment, including but not limited to receiving treatment and supports for daily living safely

Licensed Practical Nurse Staffing

Staffing at a nursing home is essential, especially for larger facilities. For every resident’s needs to be met, there must be sufficient coordination among nurses, administrators, and other personnel. Although three stars is considered average, numerous gaps in the staffing at Aviata could result in harm to the residents from abuse or neglect:

• 142.1 average residents per day, compared to the state average of 108.7 and the national average of 84.6
• 3 hours and 12 minutes of total nursing staff hours per resident per day, compared to the state average of 3 hours and 52 minutes and the national average of 3 hours and 51 minutes
• 23 minutes of LPN/LVN hours per resident per day, compared to the state average of 47 minutes and the national average of 52 minutes
• 1 hour and 59 minutes of nurse aide hours per resident per day, compared to the state average of 2 hours and 20 minutes and the national average of 2 hours and 18 minutes
• 3 hours and 4 minutes of nurse staff hours per resident per day on the weekend, compared to the state average of 3 hours and 30 minutes and the national average of 3 hours and 24 minutes
• 3 minutes of physical therapist hours per resident per day, compared to 5 minutes statewide and 4 minutes nationally
• A nursing staff turnover rate of 47.4%, compared to the state average of 42.8% and the national average of 46.9%
• A registered nurse turnover rate of 53.1%, compared to the state average of 46.1% and the national average of 43.8%

Quality Measures and Fulfilling Administrative Duties

Quality measures were the highest-performing category at Aviata, earning a four-star rating, including two stars for short-stay care and five stars for long-stay care. First, let’s look at some deficiencies in the short-term rehabilitation programs:

• 37.6% of short-stay residents were re-hospitalized after a nursing home admission, compared to the state average of 25.7% and the national average of 23.4%
• 1.7% of short-stay residents received antipsychotic medication for the first time, compared to the state and national average of 1.6%, indicating a pattern of chemical restraint misuse
• 3.3% of short-stay residents experienced new or worsened pressure ulcers, compared to the national average of 2.4%, raising concerns about advanced pressure ulcers
• 2.2% of short-stay residents experienced one or more falls with major injuries, compared to .8% nationally, demonstrating a failure to prevent serious falls in nursing homes
• 38.1% of short-stay residents were at or above an expected ability to care for themselves at discharge, compared to the national average of 52.7%
• 38.1% of short-stay residents were at or above an expected ability to move around at discharge, compared to the national average of 50%
• 43.4% of short-stay residents experienced a successful return to their home or community, compared to the national average of 49.9%

While long-term care was rated five stars at Aviata at the Bay, there are still numerous deficiencies that allude to the nursing home failing in its care and admin duties:

• 3.58 hospitalizations per 1,000 long-stay resident days, compared to the state average of 2.07 and the national average of 1.83
• 5.6% of long-stay residents experienced pressure ulcers, compared to the national average of 5.4%
• 18.3% of long-stay residents experienced an increase in their need for support with daily living activities, compared to the Florida average of 11.2% and the national average of 16.2%
• 27.7% of long-stay residents experienced new or worsened incontinence of the bowel or bladder, compared to the state average of 14.5% and the national average of 20.7%, putting residents at risk of conditions like nursing home UTI cases
• 7.7% of long-stay residents lost too much weight, compared to the state average of 6.1% and the national average of 5.5%, alluding to challenges with nursing home nutrition deficiencies
• 32% of long-stay residents received antianxiety or hypnotic medications, compared to the Florida average of 17.3% and the national average of 19.9%, demonstrating a pattern of nursing home medication negligence

Residents’ Legal Rights Following Abuse or Neglect at Aviata at the Bay

As a nursing home resident, state and federal laws protect you from mistreatment, abuse, and neglect by facility staff and other residents. Some of the rights you have under these laws include:

• The right to receive high-quality health services
• The right to maintain a dignified existence and be treated with respect
• The right to experience safety and fair treatment in the nursing home
• The right to file administrative complaints for deficiencies or misconduct

A failure to maintain these rights may open a nursing home up to a lawsuit. If you have suffered from abuse or neglect at Aviata at the Bay or a similar institution, you can file a civil claim to recover compensation for legal damages. Some of the most common losses in these types of lawsuits include:

• Lost income – If you are in a nursing home to recover from a health condition and suffer further injuries from misconduct, you may be forced to miss work, allowing you to include lost wages in your settlement
• Medical expenses – You may incur numerous costs to recover your health after the incident, such as emergency room visits, surgery, medication, rehabilitation, and therapy, which can be included in the claim payout
• Future medical bills – A medical professional can testify whether your treatment costs will continue, affecting your compensation package
• Emotional distress – Psychological challenges like anxiety, depression, Post-Traumatic Stress Disorder, fearfulness, or withdrawal can increase your case value
• Pain and suffering – Injuries caused by abuse or neglect could cause ongoing suffering, which will increase the potential value of your settlement
• Loss of enjoyment of life – If you struggle to experience joy at the same level after your experience, a Florida nursing home abuse lawyer can include this loss in your claim

How Nursing Home Law Center Can Help

Aviata at the Bay is responsible for your care, security, and safety if you are a resident at the nursing home. When abuse, neglect, or misconduct affects your future quality of life, you have the right to sue the at-fault parties and hold them accountable for your suffering.

At the Nursing Home Law Center, we are committed to serving your needs and pursuing justice. A Tampa nursing home neglect attorney will provide a compassionate space to tell your story, then handle the logistics of filing your claim. Our team can offer the following legal services:

• Investigating Aviata at the Bay for negligence
• Gathering evidence of wrongdoing, such as witness statements, medical records, and photos of injuries
• Assessing all legal damages for full compensation
• Protecting your rights under state and federal laws
• Negotiating with insurance companies for the maximum settlement
• Litigating in civil court if necessary

Our expert attorneys work on a contingency fee basis. This means you won’t pay any legal fees unless we secure a favorable outcome. Additionally, you can ask any questions you have about the claims process, our services, legal resources, or nursing home abuse during a free consultation.

If you or a loved one has suffered from misconduct in a nursing home, contact us today at 800-926-7565 or complete the online form to schedule your free case evaluation.

All content undergoes a thorough legal review by our experienced attorneys.

Jonathan Rosenfeld is a leading Chicago nursing home injury lawyer with 25 years of experience focused on elder abuse litigation. Recognized for his dedication, he has received recognition from Illinois Trial Lawyers, Million Dollar Advocates, and Super Lawyers.