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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 079201165
Report Date: 04/04/2023
Date Signed: 04/04/2023 05:21:11 PM

Unsubstantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, STE. 310
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/29/2023 and conducted by Evaluator Leslie Ibo
COMPLAINT CONTROL NUMBER: 15-AS-20230329160121
FACILITY NAME:MERRILL GARDENS AT BRENTWOODFACILITY NUMBER:
079201165
ADMINISTRATOR:SHIELDS, JERYLFACILITY TYPE:
740
ADDRESS:2600 BALFOUR RDTELEPHONE:
(925) 297-6841
CITY:BRENTWOODSTATE: CAZIP CODE:
94513
CAPACITY:150CENSUS: DATE:
04/04/2023
UNANNOUNCEDTIME BEGAN:
01:30 PM
MET WITH:Lydia Hertzler, Administrator TIME COMPLETED:
05:35 PM
ALLEGATION(S):
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Staff forced resident to shower
Staff increased level of care without resident's consent
Staff overcharged resident in care
INVESTIGATION FINDINGS:
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On 04/04/2023 at 1:30PM, Licensing Program Analysts (LPA) L. Ibo arrived unannounced to conduct an unannounced complaint visit. LPA met with Administrator Lydia Hertzler and explained the purpose of the visit.

Allegation: Staff forced resident to shower

Based on interview records review, R1 have a diagnosis of short bowel syndrome that causes the resident (R1) to have several bowel accidents. Based on interview with staff; the staff stated that they encourage R1 to take shower every time he had an accident, however the staff denied forcing R1 to take shower. The staff used stated they use change of face technique or have another staff talk with R1 the staff also use redirection technique. Residents was also interviewed and denied any staff forcing them to take shower.
...Continue to LIC9099C...
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Harpreet HumpalTELEPHONE: (510) 285-3928
LICENSING EVALUATOR NAME: Leslie IboTELEPHONE: 510-286-4201
LICENSING EVALUATOR SIGNATURE:

DATE: 04/04/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/04/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
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Control Number 15-AS-20230329160121
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, STE. 310
OAKLAND, CA 94612
FACILITY NAME: MERRILL GARDENS AT BRENTWOOD
FACILITY NUMBER: 079201165
VISIT DATE: 04/04/2023
NARRATIVE
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Allegation: Staff increased level of care without resident's consent.

Based on interview and records review, R1 had a change of level of care due to change of behavior. S1 contacted R1’s representative to discuss about the new care plan. Records review revealed that R1’s care plan has an effective date of March 20,2023, however on March 18, 2023, R1 was moved out from the facility, due to the move out date, the care plan was not implemented.

Allegation: Staff overcharged resident in care.

Based on interview with staff and records review, R1 was not charge for the change of care plan since it was not implemented due to R1’s moving out from the facility before the effective date. Based on records review, the invoices have an consistent charges for the last three months and a prorate refund was also issued as soon as the resident (R1) moved out from the facility.

Based on interviews conducted and records reviewed, the preponderance of evidence standard has not been met, therefore the allegation is found to be UNSUBSTANTIATED, meaning that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove it did or did not occur.



Exit interview conducted and a copy of this report provided.
SUPERVISOR'S NAME: Harpreet HumpalTELEPHONE: (510) 285-3928
LICENSING EVALUATOR NAME: Leslie IboTELEPHONE: 510-286-4201
LICENSING EVALUATOR SIGNATURE:

DATE: 04/04/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/04/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 2