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32 | Regarding the allegation, ‘Facility staff does not allow authorized representative visitation’, the complainant’s concern is that the facility only allowed outside window visits until recently. The complainant’s concern is that staff are being instructed by resident #1’s (R1’s) family to not allow indoor visitation.
During the investigation, the LPA conducted interviews with the administrator, and R1’s family members who revealed that indoor visitation has only been allowed as recently as 06/08/2021. When the LPA interviewed the administrator, the administrator confirmed that indoor visitation was only recently allowed. The Administrator stated that the reason for no indoor visitation being allowed, was due to the facility following CDSS PINs, and to avoid the spread of COVID-19. The LPA advised the administrator of updated CDSS PIN 21-17.2-ASC which was issued on 05/14/2021 allowing indoor and in-room visitation at all times and for all residents, regardless of vaccination status of the resident or visitor. Although the facility allows indoor visitation at this time, when PIN 21-17.2-ASC was released (05/14/2021), the administrator still refused to allow indoor visitation as required. Indoor visitation was not allowed until 06/18/2021 to resident family members based on record review.
Based on record review, interviews with administrator, and R1’s family members, there is sufficient evidence to support the allegation ‘Facility staff does not allow authorized representative visitation.’ Therefore, this allegation is deemed Substantiated at this time.
Regarding the allegation, ‘Facility staff does not wear a mask’, the complainant’s concern is that staff remove their face covering inside the facility and is placing resident’s health at risk for contraction of COVID-19.
During the visit on 08/30/21, the LPA observed one facility staff removing their face mask on different occasions inside the facility, while in close proximity of the residents in care. The LPA advised the Administrator and the staff that the facility must follow all CDC guidelines and CDSS regulations; and, that failure to comply with Title 22 Regulations would result in citations with the possibility of civil penalties. On August 19, 2021, PIN 21-38-ASC (Supersedes PIN 21-12-ASC and PIN 21-17.2-ASC in part) MASKING REQUIREMENTS FOR ASC RESIDENTIAL FACILITIES: Consistent with the current CDPH face mask guidance and the State Public Health Officer Order of July 26, 2021, facility staff shall wear masks at all times.
Based on LPAs observations, interviews with administrator, staff, and resident family members, there is sufficient evidence to support the allegation ‘Facility staff does not wear a mask.’ Therefore, this allegation is deemed Substantiated at this time.
The following deficiencies were observed (See LIC 9099-D.) and cited from the California Code of Regulations, Title 22 and California Health and Safety Code. Failure to correct the deficiencies may result in civil penalties. Exit interview conducted, a copy of the report and appeal rights were provided. |