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13 | Licensing Program Analyst (LPA) Praveen Singh conducted this unannounced tele-visit with Wellness Coordinator Erika Mendez to deliver findings on the above allegations. Due to the present shelter in place order by the Governor, this inspection was conducted via video-conference. During the investigation, LPA conducted interviews, made observations, and obtained documentation and information related to the allegations.
It was alleged that R1, who was admitted at the facility on 8/13/19, was illegally evicted from the facility on the evening of 8/20/19. Based on the investigation, R1 eloped from the facility and was found by the Antioch Police Department around 8:00 p.m. on 8/20/19. When R1’s responsible party (RP) arrived at the facility, it was decided by the facility to send R1 home with R1’s RP. During LPA interviews with staff, S1 stated per ED's direction, they felt it was best for R1 to go home with R1’s RP that night. The same was also indicated on facility charting notes for 8/20/19. Based on the evidence, facility failed to issue a proper eviction notice.
[See LIC9099-C for continuation of report] |
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32 | It was also alleged that R1 wandered away from the facility multiple times due to lack of supervision. LPA reviewed records which indicated R1 wandered away constantly. A caregiver noted on 8/17/19, that R1 "wonders to the point a private caregiver is in need". In the span of R1's eight days in the facility’s Memory Care Unit, it was noted numerous times R1 wandered the halls into other residents’ rooms and on multiple occasions, R1 was found wandering on the third floor which is part of the facility’s Assisted Living area. On 8/20/19, R1 eloped from the facility and was found by the Antioch Police Department a few blocks away from the community. Charting notes on 8/20/19, indicated R1 was last seen by staff at around 7:00 p.m. and staff did not realize R1 was missing until the Antioch Police Department made contact at around 8:00 p.m. Resident pre-admission records indicate facility was aware R1 had wandering behaviors and even after observing R1’s excessive needs, failed to provide increased supervision.
It was also alleged that the facility’s alarm system for the Memory Care Unit exits were not working and/or construction workers propped doors open during construction projects. During LPA's walk-through of the facility on 8/23/19, LPA observed that in the Memory Care Unit on the second floor, there was a delayed egress door that allowed residents to go through a short hallway and into the enclosed outside area. In that same short hallway was a stairwell that went upstairs to the third floor where upon entry no alarms were set off. The third floor is an open area in the Assisted Living area which leads to the front entrance/exit. Per charting notes, R1 was found wandering on the third floor multiple times during R1’s stay.
Based on all the information gathered, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. Deficiencies are cited per California Code of Regulations, Title 22, Division 6 and Chapter 8 on the attached LIC9099-Ds.
Exit interview conducted and a copy of this report and Appeal Rights provided. |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
04/15/2021
Section Cited
CCR
87224(c) | 1
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7 | Eviction Procedures. (c) The licensee shall, in addition to either serving the required thirty (30) days notice , sixty (60) days notice or seeking approval from the Department and service three (3) days notice on the resident, notify or mail a copy of the notice to quit to the resident's responsible person.
This requirement is not met as evidenced by: | 1
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7 | Licensee states an eviction policies and procedures will be established and training will be provided to all staff regarding proper eviction requirements. Licensee states a copy of facility eviction policies and training record will be sent to LPA Singh via email. Licensee will email LPA Singh a plan for excuting this POC by POC date. |
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14 | Licensee’s failure to issue a required eviction notice and notice to quit to R1’s responsible party (RP). On 8/20/19, R1’s RP was asked to take R1 back home with RP late in the evening without any prior notice or preparation, which poses an immediate health, safety, or personal rights risk to a person in care. | 8
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Type A
04/15/2021
Section Cited
CCR
87705(c)(4) | 1
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7 | Care of Persons with Dementia. (c) Licensees who accept and retain residents with dementia shall be responsible for ensuring the following: (4) There is an adequate number of direct care staff to support each resident’s physical, social, emotional, safety and health care needs as identified in his/her current appraisal. | 1
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7 | Licensee states proper protocol will be established to ensure residents who require increased supervision get their needs met and/or to identify how to address appropriate level of care needs for residents. Licensee will send documented protocol to LPA Singh via email by POC date. |
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14 | This requirement is not met as evidenced by licensee’s failure to ensure adequate supervision was maintained to meet R1’s needs. Facility failed to address the need resulting in R1’s elopement which poses an immediate health, safety, or personal rights risk to a person in care. | 8
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Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
04/21/2021
Section Cited
CCR
87705(j) | 1
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7 | Care of Persons with Dementia. (j) The licensee shall have an auditory device or other staff alert feature to monitor exits, if exiting presents a hazard to any resident.
This requirement is not met as evidenced by licensee’s failure for alert features that monitor Memory Care stairwell exits. | 1
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7 | Licensee states staff alert features for all stairwell exits/entrances will be installed. Proof of correction will be sent to LPA Singh via email by POC date. |
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14 | It was noted that staff found R1 repeatedly wandering the third floor. Based on LPA’s observation, the Memory Care Unit stairwell leading upstairs to the third floor Assisted Living area did not have a staff alert feature which poses a potential health, safety, or personal rights risk to a person in care. | 8
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