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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 198603218
Report Date: 04/30/2024
Date Signed: 04/30/2024 12:07:46 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
GREATER LA AC/SC, 1000 CORPORATE CNTR DR. ST 500
MONTEREY PARK, CA 91754
This is an official report of an unannounced visit/investigation of a complaint received in our office on
12/02/2022 and conducted by Evaluator Alberto Lopez
PUBLIC
COMPLAINT CONTROL NUMBER: 28-AS-20221202102319
FACILITY NAME:FIL-AM HOME FOR SENIORS IIIFACILITY NUMBER:
198603218
ADMINISTRATOR:MICLAT, TOBYFACILITY TYPE:
740
ADDRESS:380 W BASELINE RDTELEPHONE:
(714) 408-8996
CITY:CLAREMONTSTATE: CAZIP CODE:
91711
CAPACITY:6CENSUS: 6DATE:
04/30/2024
UNANNOUNCEDTIME BEGAN:
10:21 AM
MET WITH:Toby Miclat, Administrator TIME COMPLETED:
12:19 PM
ALLEGATION(S):
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Staff did not prevent resident from sustaining severe fractures while in care
Staff did not prevent resident from sustaining pressure injuries
INVESTIGATION FINDINGS:
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.Licensing Program Analyst (LPA) Alberto Lopez made subsequent visit today to deliver findings for complaint received on 12/02/2022. LPA met with Administrator Toby Miclat and discussed the purpose of the visit.
During today’s visit, LPA took a tour of the facility, including random resident rooms, and common areas of the facility.

On 12/05/2022, Licensing Program Analyst (LPA) Alberto Lopez made initial 10-day visit. During this visit LPA met with Acting Administrator Lea Loaiza and explained the purpose of today's visit. LPA conducted a tour of this facility. LPA did not observe any signs of neglect, or abuse, but did observe health and safety risks. LPA cited facility on Case Management report and 809D. LPA also reviewed files for three residents and obtained relevant documentation.

(CONTINUED ON 9099C)
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Lisa HicksTELEPHONE: (323) 981-3972
LICENSING EVALUATOR NAME: Alberto LopezTELEPHONE: 323-980-4926
LICENSING EVALUATOR SIGNATURE:

DATE: 04/30/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/30/2024
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 6
Control Number 28-AS-20221202102319
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
GREATER LA AC/SC, 1000 CORPORATE CNTR DR. ST 500
MONTEREY PARK, CA 91754
FACILITY NAME: FIL-AM HOME FOR SENIORS III
FACILITY NUMBER: 198603218
VISIT DATE: 04/30/2024
NARRATIVE
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LPA obtained resident roster and names of staff. LPA asked facility for LIC500, and facility staff stated they would email it later today.
LPA interviewed four staff (S#1- S#4), six residents (R#1-R#6) and two witnesses (W#1-W#2).

Allegation: Staff did not prevent resident from sustaining severe fractures while in care. It is alleged that resident sustained fractures while in care due to facility Neglect/Lack of Care and Supervision.

The investigation revealed: LPA Interviewed four (4) staff S1-S4 and four (4) of four (4) staff denied the allegations. LPA interviewed six (6) residents R1-R6 and six (6) of six (6) residents could not collaborate the allegation. Administrator denied that facility caused fractures, and three (3) of three (3) staff stated they were unaware that resident had facial fractures.

According to Department interviews, and records reviewed, resident was admitted to facility on 05/01/2022. On 11/26/2022, resident was found to be lethargic and unresponsive. Facility called 911 and the resident was transported to Pomona Valley Hospital. At the hospital, evidence of facial fractures (Right orbital lateral wall fracture, right zygomatic arch fracture) was documented on hospital records for admission date of 11/26/2022.

Based on supporting evidence, facility failed to provide proper medical attention, and the facility provided inadequate care and supervision that caused unexplained injuries while under care and supervision of the facility. There is sufficient evidence to substantiate this allegation.

Allegation: Staff did not prevent resident from sustaining pressure injuries. It is alleged that staff did not prevent resident from sustaining pressure injuries while in care.

The investigation revealed the following, LPA Interviewed four (4) staff S1-S4 and four (4) of four (4) staff denied the allegation. LPA interviewed six (6) residents R1-R6 and six (6) of six (6) residents could not collaborate the allegation. Administrator denied that resident developed pressure injury while at the facility. Administrator stated that resident arrived at facility with pressure injuries.

(CONTINUED)

SUPERVISOR'S NAME: Lisa HicksTELEPHONE: (323) 981-3972
LICENSING EVALUATOR NAME: Alberto LopezTELEPHONE: 323-980-4926
LICENSING EVALUATOR SIGNATURE:

DATE: 04/30/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/30/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 6
Control Number 28-AS-20221202102319
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
GREATER LA AC/SC, 1000 CORPORATE CNTR DR. ST 500
MONTEREY PARK, CA 91754
FACILITY NAME: FIL-AM HOME FOR SENIORS III
FACILITY NUMBER: 198603218
VISIT DATE: 04/30/2024
NARRATIVE
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According to Department interviews, and records reviewed, resident was admitted to facility from nursing home on 05/01/2022. Discharge paperwork from the nursing home documents a stage 1 pressure injury on each heel and sacrococcyx blanchable redness. Administrator agreed that resident arrived to the facility as described by the nursing home discharge paperwork. Resident was found to be lethargic and unresponsive on 11/26/2022. Facility called 911, and the resident was transported to Pomona Valley Hospital. While at the hospital, RN documented wound on resident’s buttock midline coccyx: 6cm x 6cm x 0cm (wound had no documented staging, photograph showed area to be redden, not open). RN also documented right foot wound with no documented staging. There was no mention of the left foot in the hospital records. Additional RN staff documented that resident had a “closed stage 3 pressure injury on coccyx and evidence of scar tissue”. Due to facility failing to provide proper care and supervision, resident’s pressure injury on coccyx progressed from blanchable redness to stage 3 during her stay at facility. There is sufficient evidence to substantiate this allegation.

The preponderance of evidence standard has been met; therefore, the above allegations are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 6, and Chapter 8 are cited on the attached LIC 9099D.

An immediate $500 civil penalty is being issued during today's visit due to the neglect/lack of care and supervision resulting in resident sustaining fractures to face.


An exit interview was conducted with the Administrator Toby Miclat and a hard copy of licensing report was provided along with appeal rights.

SUPERVISOR'S NAME: Lisa HicksTELEPHONE: (323) 981-3972
LICENSING EVALUATOR NAME: Alberto LopezTELEPHONE: 323-980-4926
LICENSING EVALUATOR SIGNATURE:

DATE: 04/30/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/30/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 6
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
GREATER LA AC/SC, 1000 CORPORATE CNTR DR. ST 500
MONTEREY PARK, CA 91754
This is an official report of an unannounced visit/investigation of a complaint received in our office on
12/02/2022 and conducted by Evaluator Alberto Lopez
PUBLIC
COMPLAINT CONTROL NUMBER: 28-AS-20221202102319

FACILITY NAME:FIL-AM HOME FOR SENIORS IIIFACILITY NUMBER:
198603218
ADMINISTRATOR:MICLAT, TOBYFACILITY TYPE:
740
ADDRESS:380 W BASELINE RDTELEPHONE:
(714) 408-8996
CITY:CLAREMONTSTATE: CAZIP CODE:
91711
CAPACITY:6CENSUS: 6DATE:
04/30/2024
UNANNOUNCEDTIME BEGAN:
10:21 AM
MET WITH:Toby Miclat, Administrator TIME COMPLETED:
12:19 PM
ALLEGATION(S):
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Staff did not meet residents hygiene needs
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Alberto Lopez made subsequent visit today to deliver findings for complaint received on 12/02/2022. LPA met with Administrator Toby Miclat and discussed the purpose of the visit.
During today’s visit, LPA took a tour of the facility, including random resident rooms, and common areas of the facility.

On 12/05/2022, Licensing Program Analyst (LPA) Alberto Lopez made initial 10-day visit. During this visit LPA met with Acting Administrator Lea Loaiza and explained the purpose of today's visit. LPA conducted a tour of this facility. LPA did not observe any signs of neglect, or abuse, but did observe health and safety risk. LPA cited facility on Case Management report and 809D. LPA also reviewed files for three residents, and obtained relevant documentation

(CONTINUED)
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Lisa HicksTELEPHONE: (323) 981-3972
LICENSING EVALUATOR NAME: Alberto LopezTELEPHONE: 323-980-4926
LICENSING EVALUATOR SIGNATURE:

DATE: 04/30/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/30/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 28-AS-20221202102319
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
GREATER LA AC/SC, 1000 CORPORATE CNTR DR. ST 500
MONTEREY PARK, CA 91754
FACILITY NAME: FIL-AM HOME FOR SENIORS III
FACILITY NUMBER: 198603218
VISIT DATE: 04/30/2024
NARRATIVE
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. LPA obtained resident roster and names of staff. LPA asked facility for LIC500, and facility staff stated they would email it later today.

On 08/08/2023 LPA Alberto Lopez made a subsequent visit to facility and met with Administrator Toby Miclat and discussed the purpose of the visit. LPA took a tour of the living room, dining areas, kitchen, common areas, and random resident rooms. LPA did not observe any signs of neglect, abuse or other immediate health and safety risks. LPA requested copies of staff and resident roster, and interviewed four(4) Staff (S#1-S#4) and six (6)residents (R#1-R#6).

LPA interviewed four staff (S#1- S#4), six residents (R#1-R#6) and two witnesses (W#1-W#2).

Allegation: Staff did not meet residents hygiene needs. It is alleged that facility failed to provide resident with adequate hygiene needs

The investigation revealed, LPA interviewed four (4) staff S1-S4 and four (4) of four (4) staff denied the allegation. W1 and W2, who are family members, stated resident had a bad body odor. LPA interviewed six (6) residents R1-R6 and six (6) of six (6) residents could not collaborate the allegation. Administrator denied that facility did not meet resident hygiene needs, and three (3) of three (3) staff stated they provide all residents with proper hygiene needs daily. LPA toured all rooms, all residents were clean, bed linens were clean, and the rooms were free of odors. There is not enough evidence to support this allegation.

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 is UNSUBSTANTIATED.



Exit interview conducted and copy of report provided to Administrator Toby Miclat
SUPERVISOR'S NAME: Lisa HicksTELEPHONE: (323) 981-3972
LICENSING EVALUATOR NAME: Alberto LopezTELEPHONE: 323-980-4926
LICENSING EVALUATOR SIGNATURE:

DATE: 04/30/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/30/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 6
Control Number 28-AS-20221202102319
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
GREATER LA AC/SC, 1000 CORPORATE CNTR DR. ST 500
MONTEREY PARK, CA 91754

FACILITY NAME: FIL-AM HOME FOR SENIORS III
FACILITY NUMBER: 198603218
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/30/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
05/01/2024
Section Cited
CCR
87464(f)(1)(c)
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87464(f)(1)(c) Basic Services:
Basic services shall at a minimum include:
(1) Care and supervision as defined in Section 87101(c)(3) and Health and Safety Code section 1569.2(c).
H&S Code 1569.2(c) “Care and supervision
” means the facility assumes responsibility for, or provides or promises to provide in the future, ongoing assistance with activities of daily living without which the resident’s physical health, mental health, safety, or welfare would be endangered.
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Licensee to submit written Plan of Correction to ensure the facility is meeting Title 22 Regulation.
Licensee to train staff on providing care and supervision and send roster with signatures of participants of training to LPA.
Licensee to submit a faxed copy of POC by due date of 05/01/2024
Immediate $500 dollar penalty assessed.
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This requirement is not being met as evidenced by:
Based on interviews and record review, resident suffered 2 facial fractures while in care at the facility and facility failed to provide medical attention to resident. Lack of care and supervision by facility resulted in staff not knowing resident had facial fractures. The fractures were discovered when resident made visit to emergency room for unrelated health issues.

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Type A
05/01/2024
Section Cited
CCR
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87465(a)(1) Incidental Medical and Dental Care (a) A plan for incidental medical and dental care shall be developed by each facility...
(1) The licensee shall arrange, or assist in arranging, for medical and dental care appropriate to the conditions and needs of residents.
This requirement is not met as evidenced by:
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The administrator shall develop a written plan to ensure that residents receive medical attention while in care. The plan shall also include the steps the facility will take when a resident's health condition declines or refuses. This POC is due to LPA by 05/01/2024
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Based on interviews and record review, facility did not contact PCP or arrange to have wound care specialist provide wound care to resident who was admitted to facility with two stage 1 pressure injuries on both heals and developed stage 3 pressure injury on coccyx while in care.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISOR'S NAME: Lisa HicksTELEPHONE: (323) 981-3972
LICENSING EVALUATOR NAME: Alberto LopezTELEPHONE: 323-980-4926
LICENSING EVALUATOR SIGNATURE:

DATE: 04/30/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/30/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 6