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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 198320089
Report Date: 06/01/2024
Date Signed: 06/01/2024 03:21:51 PM

Unsubstantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO ASC, 400 CONTINENTAL BLVD, STE 340
EL SEGUNDO, CA 90245
This is an official report of an unannounced visit/investigation of a complaint received in our office on
07/19/2023 and conducted by Evaluator Ernand Dabuet
PUBLIC
COMPLAINT CONTROL NUMBER: 11-AS-20230719093521
FACILITY NAME:MERRILL GARDENS AT ROLLING HILLS ESTATESFACILITY NUMBER:
198320089
ADMINISTRATOR:DEBBIE INFIELDFACILITY TYPE:
740
ADDRESS:627 SILVER SPUR RDTELEPHONE:
(310) 750-9877
CITY:ROLLING HILLSSTATE: CAZIP CODE:
90274
CAPACITY:150CENSUS: 141DATE:
06/01/2024
UNANNOUNCEDTIME BEGAN:
09:45 AM
MET WITH:Yvette LemTIME COMPLETED:
11:17 AM
ALLEGATION(S):
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Resident sustained a fracture while in care.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA: Ernand Dabuet) made an unannounced visit to the facility and was greeted by Resident Care Director (S3: Yvette Lem). LPA conducted a risk assessment prior to entering the facility. Front desk informed LPA that the facility has no COVID cases nor do the residents or staff have symptoms. The purpose for today’s visit is to conduct a subsequent visit to deliver the findings pertaining to the above-mentioned allegation.

A 24-hour visit was conducted by LPA Jeremiah Randle on 07/20/23 who was met by the Staff #1 (S1: Tracey Mallaret, General Manager) as the Administrator (A1: Debbie Infield) was unavailable. During the visit, LPA Randle toured the physical plant for the health and safety of residents in care. Residents were observed sitting in the Day Area engaged in social activities. Residents observed did not show signs of distress or abuse.
(Evaluation Report continues LIC 9099-C)
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Janae HammondTELEPHONE: (424) 544-1027
LICENSING EVALUATOR NAME: Ernand DabuetTELEPHONE: (323) 629-5526
LICENSING EVALUATOR SIGNATURE:

DATE: 06/01/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/01/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 1 of 3
Control Number 11-AS-20230719093521
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO ASC, 400 CONTINENTAL BLVD, STE 340
EL SEGUNDO, CA 90245
FACILITY NAME: MERRILL GARDENS AT ROLLING HILLS ESTATES
FACILITY NUMBER: 198320089
VISIT DATE: 06/01/2024
NARRATIVE
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LPA Randle requested and obtained copies of the following documents: Staff Work Schedule & Roster (dated 07/11/23), Resident Roster (dated 07/11/23), Pre-placement Appraisal Information (dated 04/11/23), Admission Agreement (dated 04/22/23), Appraisal/Needs and Services Plan (dated 04/22/23), Physician’s Report (dated 03/30/23), Progress Notes (dated 07/20/23 to 04/22/23), Initial Evaluation Results (dated 04/22/23), Capability Evaluation Report (dated 04/22/23), and Unusual Incident Reports (dated 04/25/23, 05/22/23, 06/05/23, 06/19/23, 06/30/23, 07/02/23, 07/11/23, 07/13/23, 07/16/23, 07/17/23).

This complaint investigation was referred to California Department of Social Services (CDSS), Investigation Bureau (IB) and assigned to Investigator Dennis Douglas. The investigation included a review of medical records from Torrance Memorial Medical Center (dated 04/25/23, 06/19/23, 06/30/23) and Harbor-UCLA Medical Center (dated 04/25/23, 07/16/23, 07/17/23; interviews were conducted of Facility Staff #S1 – #S5, Resident #1, and Witness #1.

INVESTIGATION REVEALED THE FOLLOWING:

Regarding Allegation #1: this investigation revealed that Resident #1 moved into the facility on 04/22/23. On 04/25/23 at 8:52 a.m., Resident #1 was outside of the community and had fallen while on a walk. A female passerby observed the resident and called 9-1-1. Resident #1 was transported to Torrance Memorial Hospital ER and diagnosed with a fracture to the right, upper arm due to the fall. That same day, Resident #1 returned to the facility at 3:00 p.m. and was sent back out to Harbor UCLA Medical Center due to being unresponsive. On 05/22/23 at 9:36 a.m., Resident #1 sustained a fall and was found on their right knee on the floor holding on to their walker – no injuries or hospital transport. On 06/05/23 at 2:05 p.m., Resident #1 was observed on the floor (in front of their apartment door) and had fallen on their right knee and was unable to get back up. Resident #1 sustained a skin tear to their right knee and elbow – no hospital transport. On 06/19/23 at 5:30 a.m., Resident #1 was found (on their bed) in a pool of blood by Staff #6 and Staff #7 and 9-1-1 was summoned and the resident was transported to Torrance Memorial Hospital Emergency Room (ER). On 06/30/23 at 9:20 a.m., Staff #4 responded to Resident #1’s pendant alarm. Resident #1 was found lying on their right side (on the fractured right arm) with a skin tear to the right knee. Facility staff called 9-1-1 and the resident was transported to Torrance Memorial Hospital ER. On 07/02/23 at 6:09 a.m., Staff #9 responded to Resident #1’s pendant alarm and found the resident (on the floor) lying on their back. Staff #9 responded and assessed the resident.

(Evaluation Report continues LIC 9099-C)

SUPERVISOR'S NAME: Janae HammondTELEPHONE: (424) 544-1027
LICENSING EVALUATOR NAME: Ernand DabuetTELEPHONE: (323) 629-5526
LICENSING EVALUATOR SIGNATURE:

DATE: 06/01/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/01/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 11-AS-20230719093521
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO ASC, 400 CONTINENTAL BLVD, STE 340
EL SEGUNDO, CA 90245
FACILITY NAME: MERRILL GARDENS AT ROLLING HILLS ESTATES
FACILITY NUMBER: 198320089
VISIT DATE: 06/01/2024
NARRATIVE
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Facility staff summoned 9-1-1 as a precaution and paramedics arrived at 6:20 p.m. to assess the resident and their vitals were normal and no head injury – no hospital transport. On 07/11/23 at 2:40 p.m., Resident #1 was walking to the Bistro area and walked too fast (with their wheelchair) and fell on their left knee. Resident #1 was found on the floor by Staff #5 who assisted the resident back up. Resident #1 sustained a skin tear to their left knee – first aid was applied and no hospital transport. On 07/16/23 at 9:15 a.m., Resident #1 was found on the floor (near the closet) lying on their back and bleeding from the forehead. Facility staff summoned 9-1-1 and the resident was transported to Harbor-UCLA Medical Center. On 07/17/23 at 11:00 a.m., Resident #1 was found by Staff #12 lying on the floor (on their back) in the kitchen area (in front of the sink) in their apartment. Resident #1 sustained skin tears to their right elbow, right knee, left elbow, left knee; and old wounds opened: right elbow, right knee; and, a new wound from the forehead. Facility staff summoned 9-1-1 and the resident was transported to Torrance Memorial Hospital ER.

During the course of this investigation, it was revealed that Resident #1 sustained several unwitnessed falls during their residency at the facility. (Physician’s Report documented under “Capacity for Self-Care” able to care for self without assistance; under “Physical Health Status” motor impairment/paralysis: mild mobility issues, mild muscular stiffness, and mild difficulty getting up from chair or bed but independent and not a fall risk; under “Mental Condition” able to leave facility unassisted; under “Ambulatory Status” this person is able to independently transfer to and from bed). As a result of Resident #1’s initial fall (outside the facility), the resident sustained a broken clavicle; in which, the resident was transported to Torrance Memorial Hospital. It was disclosed that once Resident #1 was discharged back to the facility on 06/30/23, the resident was no longer independent and required assistance by facility staff. It was revealed that Resident #1 was issued a pendant alarm to summon staff whenever the resident required assistance, a pull cord was also installed next to the resident’s bed in case of an emergency, and reminders were made to Resident #1 to wear their grip socks using their walker and whenever the resident is moving around in their apartment.

Based on the evidence gathered and interviews conducted, and records reviewed, although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur; therefore, the allegation of NEGLECT/LACK OF SUPERVISION: Resident sustained a fracture while in care is found to be UNSUBSTANTIATED.

An exit interview has been conducted and a copy of the Complaint Report was provided to the Resident Care Director (Yvette Lem).

SUPERVISOR'S NAME: Janae HammondTELEPHONE: (424) 544-1027
LICENSING EVALUATOR NAME: Ernand DabuetTELEPHONE: (323) 629-5526
LICENSING EVALUATOR SIGNATURE:

DATE: 06/01/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/01/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 3