1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32 | The above allegations were substantiated, and deficiencies were cited for violating the following California Code of Regulations (CCR) Title 22:
§ 87465(g) Incidental Medical and Dental Care - (g) The licensee shall immediately telephone 9-1-1 if an injury or other circumstance has resulted in an imminent threat to a resident’s health including, but not limited to, an apparent life-threatening medical crisis except as specified in § 87469(c)(2), (c)(3), or (c)(4).
§ 87468.1(a)(8) Personal Rights of Residents in All Facilities - (a) Residents in all residential care facilities for the elderly shall have all of the following personal rights: (8) To have their representatives regularly informed by the licensee of activities related to care or services, including ongoing evaluations, as appropriate to their needs.
At the time of the visit, no immediate civil penalty was issued to the facility.
On September 16, 2021, the Department conducted a non-compliance conference with the Licensee. At the time of the office meeting, the issuance of an immediate civil penalty for $500 was issued regarding the incident described above and the Licensee was informed that an additional civil penalty may be assessed at a future date per 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. Per Welfare and Institutions Code § 15610.67 defines serious bodily injury as “an injury involving extreme physical pain, substantial risk of or protracted loss or impairment of 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’s failure to obtain timely medical care for the resident between approximately April 27, 2021 and May 3, 2021 after a fall resulting in the resident suffering a fracture of the left femur and acute deep vein thrombosis.
Continued on the 809-C
|