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32 | Residents are equipped with a call button that they wear on their necks, which when pressed the staff are alerted. R1 would not use the call button. Staff were aware that R1 would not use call button, rather would transfer alone. According to staff interviews, they were not sure if R1 was able to comprehend the purpose of the call button. R1 was diagnosed with Dementia on 02/07/2017. However, staff interviewed state they were unaware of R1’s Dementia diagnosis. The above allegation is substantiated.
A $500 immediate civil penalty is assessed on this day for violation which resulted to the injury of R1. Civil penalty determination related to serious bodily injury is pending.
Allegation: Facility did not provide resident’s representative with proper notification of eviction
On 3/2/2022, LPA Luisa Fontanilla interviewed Lisa Lostica, Business Office Manager (BOM). BOM states there was no eviction letter issued to R1. R1’s change in condition prohibits facility from taking R1 back. Based on records reviewed, facility did not take R1 back due to R1 needing two persons to assist, R1 not participating in caregiver ADL assistance and that R1 was diagnosed with Dementia. And that the facility is not a dementia facility. However, facility failed to provide LPA reassessment record.
On 3/15/22, LPA L. Fontanilla reviewed R1’s Admission Agreement signed by R1’s responsible person on 3/9/2013. LPA observed Xlll Basic Services Section S states “Dementia Services. The Community features a specialized Memory Care Program that is designed for those Residents with Alzheimer’s disease or related Dementias………” This allegation is substantiated.
Based on interviews conducted and records reviewed, the preponderance of evidence standard has been met, therefore the above allegations are found to be substantiated. Deficiencies are cited per Title 22 California Code of Regulations and listed on LIC 9099 D.
Exit interview conducted with Senior Business Office Manager. LIC9099D, Appeal Rights and a copy of this report provided. |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
04/19/2022
Section Cited
CCR
87705(c)(5)(a) | 1
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7 | 87705(c) (5) (A) Care of Persons with Dementia
(A) When any medical assessment, appraisal, or observation indicates that the resident’s dementia care needs have changed, corresponding changes shall be made in the care and supervision provided to that resident.
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7 | 1. By POC date, Administrator will send to CCL schedule of staff training on Observation of Residents. Proof of training will be submitted to CCL by POC date.
2. A Non- Compliance Conference (NCC) will be scheduled to discuss additional plans of correction.
3. A $500 civil penalty is assessed on this day for violation which resulted to the injury of R1.
4. Civil penalty determination related to serious bodily injury is pending.
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14 | This requirement is not met as evidenced by: Based on investigation conducted by the Department, R1 had fallen multiple times between 9/2019 and 2/2020. There is no documentation to show that the facility conducted a reassessment of R1. On 2/26/2020, R1 fell in the bathroom which resulted in a fractured spine. Medical records show R1 diagnosed with Dementia on 02/07/2017. | 8
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14 | A $500 immediate civil penalty is assessed today. |
Type B
04/25/2022
Section Cited
CCR
87224(a)(4) | 1
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7 | 87224 (a) (4) Eviction Procedures
(a) The licensee may evict a resident for one or more of the reasons listed in Section 87224(a)(1) through (5). Thirty (30) days written notice to the resident is required except as otherwise specified in paragraph (5)
(4) If, after admission, it is determined that the resident has a need not previously identified and a reappraisal has been conducted pursuant to Section 87463, and the licensee and the person who performs the reappraisal believe that the facility is not appropriate for the resident.
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7 | By POC date, Administrator will review regulation, and submit a self-certification of understanding to CCL. |
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14 | This requirement is not met as evidenced by: Based on interview and records review, facility failed to issue R1 a 30-day notice of eviction. Facility refused to take back R1 when R1 was ready for discharge back to the facility from the skilled nursing facility (SNF).
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