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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 194700636
Report Date: 02/23/2026
Date Signed: 02/23/2026 01:51:37 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
HOME CARE SERVICES, 744 P STREET, MS 09-14-90
SACRAMENTO, CA 95814
This is an official report of an unannounced visit/investigation of a complaint received in our office on
02/19/2026 and conducted by Evaluator Jane Cong-Huyen
PUBLIC
COMPLAINT CONTROL NUMBER: 47-HC-20260219064521
FACILITY NAME:SILVER PEAKS LLCFACILITY NUMBER:
194700636
ADMINISTRATOR:ROGONG, EMMAFACILITY TYPE:
300
ADDRESS:3780 KILROY AIRPORT WAY, #200TELEPHONE:
(855) 876-1466
CITY:LONG BEACHSTATE: ZIP CODE:
90806
CAPACITY:CENSUS: DATE:
02/23/2026
UNANNOUNCEDTIME BEGAN:
09:30 AM
MET WITH:Amir Jordan Esmail, LicenseeTIME COMPLETED:
02:00 PM
ALLEGATION(S):
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Home Care Organization is utilizing 1099, independent contractors
INVESTIGATION FINDINGS:
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On 2/24/26, Home Care Services Branch Enforcement Analyst (EA), Jane Cong-Huyen conducted an investigation visit regarding the above complaint allegation. Upon arrival, EA met with the licensee, Amir Jordan Esmail.
During today's complaint visit, EA Cong-Huyen, conducted interviews and reviewed staff files. EA learned that the HCO provided an option to the staff to either work under W2 or 1099 as a contractor. EA also learned that approximatly half of the inactive or active staff are/were working under 1099.
Based on interviews and file reviews, the preponderance of evidence standard has been met, therefore, the above allegation is found to be SUBSTANTIATED. Health and Safety Code, Division 2, Chapter 13, Section 1796.42 (b) is being cited on the attached LIC9099D.

EA concluded the visit with an exit interview and provided a copy of this report along with appeal rights to the licensee, Amir Jordan Esmail.

Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Susan Du
LICENSING EVALUATOR NAME: Jane Cong-Huyen
LICENSING EVALUATOR SIGNATURE:

DATE: 02/23/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/23/2026
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 47-HC-20260219064521
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
HOME CARE SERVICES, 744 P STREET, MS 09-14-90
SACRAMENTO, CA 95814
FACILITY NAME: SILVER PEAKS LLC
FACILITY NUMBER: 194700636
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/23/2026
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
03/23/2026
Section Cited
1796.42 (b)
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1796.42 (b) A home care organization licensee shall do all of the following:
(b) Maintain and abide by a valid workers’
compensation policy covering its affiliated home care aides. All employees are required by California law to be W2 employees if working as a caregiver for a Home Care Organization.
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Provide proof of conversion of all current staff from 1099 employees to W2 and send list of staff with contact info to analyst. Please include your payroll report and proof of paystubs of all the staff via email to Jane.cong-huyen@dss.ca.gov by 3/23/26.
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This requirement is not met as evidenced by:
Based on interview with licensee, home care organization employ 1099 workers as subconntractors which poses a potential risk to the health and safety of home care aides.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISORS NAME: Susan Du
LICENSING EVALUATOR NAME: Jane Cong-Huyen
LICENSING EVALUATOR SIGNATURE:

DATE: 02/23/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/23/2026
LIC9099 (FAS) - (06/04)
Page: 2 of 2