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32 | Allegation: Staff denied authorized representatives to access resident records. It is alleged that both the resident’s daughter and Ombudsman asked for residents records and were denied access to the records by facility. S6 admitted to LPA denying access to incident reports to Ombudsmen explaining that she was following legal advice from facility attorney. The daughter of R14 sent several emails requesting R14 medical record beginning on Oct 4th, 2022, and the facility did not provide them within 24 hours as required by regulations. Therefore, based on the information gathered and the interviews conducted the allegation has been deemed Substantiated.
Allegation: Staff did not report incident to appropriate parties. It is alleged that the facility failed to report two incidents to appropriate parties. The facility failed to report the incidents to the Ombudsman when the Ombudsman requested incident reports. The Ombudsman had received authorization to act on behalf of resident and should have been able to review and obtain copies of the incident reports dated 09/25/2022 and 09/26/2022. Finally, on 10/25/2022 the two incident reports were emailed to Ombudsman Tam dated 09/25/2022 and 09/26/2022. LPA noted that the SIR from incident on 09/26/2022 was dated on 09/25/2022. CCL has a record of SIR from 09/25/2022 but no internal record that SIR from 09/26/2022 was reported to CCL. Facility could not provide proof that SIR dated 09/26/2022 was faxed over. Therefore, based on the information gathered and the interviews conducted the allegation has been deemed Substantiated.
Based on LPA's observations, records reviewed, and interviews conducted, the preponderance of evidence standard has been met, therefore the above allegations are found to be substantiated.
Per California Code of Regulations, Title 22, deficiencies will be cited on the LIC9099-D.
An exit interview was conducted with Supervisor Anne Graves and a copy of the report and appeal rights were provided.
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