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32 | Report continued on LIC 809c…
At the time of the case management visit on 11/29/2023, an immediate civil penalty of $500 was issued and the Licensee was informed that an additional civil penalty might be assessed based on Health and Safety Code § 1569.49(f).
The Department has concluded an analysis and has determined that a civil penalty is warranted for serious bodily injury. The Welfare and Institutions Code Section 15610.67 defines serious bodily injury as “an injury involving extreme physical pain, substantial risk of death, or protracted loss or impairment of a function of a bodily member, organ, or of mental faculty, or requiring medical intervention, including but not limited to, hospitalization, surgery, or physical rehabilitation.” This is evidenced by the facility not providing proper care to R2 resulting in R2 sustaining an unstageable pressure injury and severe sepsis, which required medical intervention, hospitalization, and surgery that resulted in serious bodily injury.
Today, 8/31/26, the Department will be issuing a civil penalty per Health and Safety Code § 1569.49(f) for a violation that the Department constitutes as serious bodily injury in the amount of $10,000. However, since an immediate civil penalty of $500 was previously issued on 11/29/2023, the amount of the civil penalty issued today will be $9,500.
A copy of the report issued via e-mail, first class mail, and certified mail. Appeal rights provided with a copy of report. Facility representative signature is requested, acknowledgement receipt of the reports and appeal rights, found on page two of the LIC 421D., found on page two of the LIC 421D. |