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32 | The investigation revealed the following: Allegation- Facility wrongfully evicted resident in care.
The details of the complaint alleged that the client (C1) was admitted to the facility on 11/04/2024 and evicted on 11/05/2024. It is alleged that the facility wrongfully evicted the client on short notice and the potential risks of such an immediate discharge, given the circumstances, was unethical. On 12/04/24, from 10:00am-1:00pm, the department interviewed staff (S1-S2) and client (C1) regarding the allegation. 2 of 2 staff denied the allegation that the Facility wrongfully evicted resident in care. All staff (S1-S2) interviewed stated that the facility does not accept clients who have Restricted Health Care Conditions and that need a higher level of care. They stated that the client had a Foley Catheter installed and did not report it to the facility during Pre-Appraisal. They stated this was the reason for the discharge.
The department interviewed client (C1) about the allegation and 1 of 1 client that were interviewed corroborated the allegation that Facility wrongfully evicted resident in care. The client stated that they did not have the Foley Catheter permanently installed until the day after the eviction, 11/06/2024. C1 stated that they would go to the ER and have their bladder drained with the Foley Catheter, then request that it be removed. C1 also stated that they could manage trips to the hospital without the assistance of the facility to have C1s bladder drained, and the device removed. C1 stated that the facility failed to give C1 enough notice and that C1s family was out of state and that C1 was alone with very little recourse.
The department reviewed the Biopsychosocial Assessment Adult (Dated: 11/05/2024), Admission Agreement (Dated: 11/04/2024), Discharge Summary (Dated: 11/05/2024), and Special Situation Note (Dated: 11/05/2024).
The department observed that the facility did not have a physician’s report stating that the client had a permanent Foley Catheter installed when C1 returned from the hospital. The department also observed that the facility did not have a reappraisal and modification to the Needs and Services plan for C1 which determined that the client’s needs could not be met by the facility, and the client has been given an opportunity to relocate, rather than a same day discharge.
Based on interviews conducted and records reviewed, the preponderance of evidence standard has been met. Therefore, the above allegation Facility wrongfully evicted resident in care, is found to be Substantiated. California Code of Regulations, Title 22, Division (6) and chapter (2) are being cited on the attached LIC 9099D.
Note: *Citations not cleared by the due date will have a $100 fine assessed for each citation until it is cleared. Civil penalties will continue to accrue until Proof of Corrections (POC) is cleared. If the facility plans to appeal, the plan of corrections must still be completed by the due date.
An exit interview was conducted, appeal rights were printed and discussed with Kari Bergerson, Director of Clinical Operations, and a hard copy of this Complaint Investigation Report was provided.
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