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32 | Regarding the allegation: Staff did not provide resident's authorized representative records in a timely manner.
It was alleged that RP requested records on behalf of R1 on 10/06/2022 and have not received anything as of complaint reporting date, 10/21/2022. Based on interviews and records review done by LPA, the investigation revealed the following:
· 10/04/2022 (6:55pm) - RP sent email request via 3rd party legal services.
· 10/06/2022 - legal services company received the request from RP. Witness #1 (W1) from legal services company called the facility and received information where to send/fax it to. Faxed it same day and received confirmation that it went through.
· 10/21/2022 - legal services company called facility to follow up as they have not received anything. W1 stated that someone from their office spoke with Staff #3 (S3) who indicated that she would forward the information to S2. W1 called back on end of day (at 4:24pm), but no response.
· 10/24/2022 - legal services company re-faxed request to facility (at 8:12am) and have not heard back from facility since. However, W1 stated that RP informed them that she will take care of it on her own.
LPA spoke to R1 to confirm that he requested and authorized RP to get his personal/medical records from the facility and she responded: “Yes, I asked them to get it on my behalf, but I cannot remember when exactly.” LPA interviewed RP and stated that she received records/documents from facility on 10/24/2022 (at 4:45pm) after legal services company had called, faxed and emailed the facility multiple times. RP stated that facility should have sent the records/documents to legal services company but since she needed it, she asked the facility to fax it to her directly instead. LPA’s interview with S2 stated that she only received one (1) request and that was on 10/24/2022. S2 does not remember receiving any other request. S2 stated that she normally turns over the request the same day or following day depending if she is in the building. S3 stated that she can not recall a phone call with the specific legal services company on 10/21/2022 or at any day/time. S3 indicated that she gets a lot of calls every day. If she gets that type of call, the normal procedure is to relay it to the appropriate party. LPA interviewed S1 and stated she did not know anything about the fax request that came through on 10/06/2022 and 10/24/2022.
Based on interviews and records review conducted, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. Deficiency under California Code of Regulation, Title 22 is being cited on the attached LIC9099D. Exit interview conducted with Assistant Administrator, Cynthia Flores. A copy of the report and appeal rights were provided. |