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32 | was on hospice care, had dementia, poor memory, mild cognitive impairment, and also visual and auditory impairments. Documentation further revealed R1 was mentally and physically unable to escape a fire danger. Investigator Lorraine Patterson conducted interviews as follows: Previous Facility Administrator, Matan Rabinowitz-Burstyn reported that R1 was alert and oriented and the facility had no concerns with R1's mental or physical ability to ambulate in their wheelchair unsupervised. Administrator Rabinowitz-Burstyn reported that R1 was a heavy smoker for years, and always did what they wanted regardless of what facility staff told them. Rabinowitz-Burstyn advised that resident #1 and their family were verbally informed that R1 could not sit and smoke cigarettes in front of the facility entrance where it was hugely labeled “No Smoking.” On 05/19/19, the facility staff provided R1 with a smoking reappraisal. R1 was approved to continue to smoke unsupervised in spite of, but not limited to facility staff knowing R1 often disregarded the facility’s rule, and also their own health and safety. Interviews and investigative leads also revealed the facility was aware R1 frequently exercised poor judgement particularly when it came to them smoking cigarettes. Based on sufficient evidence, neglect/lack of supervision and care resulting in a severe injury is deemed substantiated.
The following deficiencies are cited in accordance to California Code of Regulations, Title 22, Division 6, Chapter 8 is on the attached LIC 809D. An Immediate Civil Penalty will be issued today in the amount of $500.00 due to resident sustaining injury/illness while under the facility care.
Upon further review by the Program Office, an enhanced civil penalty determination is pending in reference to Health & Safety Code 1569.49, for a violation that resulted in the tragic, painful and preventable death of resident (R1).
LPA Wesley communicated with Regional VP of Operations Evelyn Mendez-Choy for her to notify the licensee(s) and other parties involved that the El Segundo District Office will be conducting a virtual Non Compliance Conference meeting during the week of 04/17/2022. Evelyn Mendez-Choy informed the LPA that she would make contact with LPM Angela Kendrick at 323 629 7815 to confirm the date and time of the meeting. A copy of the LIC 809/809C/809D/LIC 421M(Civil Penalty Assessment), and Appeal Rights were given during the exit interview. |