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32 | ***This report serves as an amendment and supersedes the original complaint investigation report created on 10/10/23. The findings remain as Substantiated. ***
Investigation revealed the following:
In regard of allegation, “staff refuses to assist residents,” it was alleged that staff #3 (S3) refuses to help residents. Per residents’ interviews, six (6) out of eight (8) residents corroborated with the allegation. Two (2) out of eight (8) residents were attempted but failed to be interviewed. It revealed that S3 had refused to assist residents. Per staff interviews, five (5) out of seven (7) staff corroborated with the allegation. Two (2) out of seven (7) staff denied the allegation. It revealed S3 had refused to help residents. Per file review, the administrator conducted only one consultation meeting with S3 since S3 had refused to assist residents for multiple times on different residents. Thus, staff refused to assist residents in care.
In regard of allegation, “staff handles residents in a rough manner,” it was alleged that staff#3 (S3) is too rough with residents when assisting them. Per residents’ interviews, six (6) out of eight (8) residents corroborate the allegation. Two (2) residents were attempted to be interviewed. It revealed that staff#3 had being assisting residents in a rough manner. Residents reported S3 treated residents roughly, for example, staff would grab residents hard when un-dress residents for shower and wipe residents roughly after bath which made residents felt uncomfortable. Per staff interviews, six (6) out of seven (7) staff corroborate with the allegation. One (1) out of seven (7) staff denied the allegation. It revealed S3 did not assist residents with a nice manner. Thus, facility staff handles residents with a rough manner.
Based on LPA's observations and interviews conducted, the preponderance of evidence standard has been met. Therefore, the allegation is SUBSTANTIATED.
Deficiencies were cited per California Code of Regulations, Title 22. Refer to 9099D. An exit interview was conducted with Administrator, Gil Agas. A copy this report and appeal rights were provided to Administrator. |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
10/20/2023
Section Cited
CCR
87468.2(a)(4) | 1
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7 | To care, supervision, and services that meet their individual needs and are delivered by staff that are sufficient in numbers, qualifications, and competency to meet their needs.
This requirement was not met by evidence of: | 1
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7 | Licensee will review Title 22 Regulations, Section 87468.2 and submit a detailed written plan to ensure staff Rosario Bautista and facility staff are receiving the required in-service trainings / not refuse to assist residents according to the Regulation. |
 | 8
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14 | Per staff/residents interviews conducted, staff Rosario Bautista refused to provide care to residents. Licensee did not comply with the section cited above which poses a potential health, safety or personal rights risk to persons in care. | 8
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14 | Licensee will provide a copy of names and signatures of all staff in attendance of trainings by POC due date. Licensee will submit a policy regarding staff’s refusal to assist residents by POC due date. |
Type B
10/20/2023
Section Cited
CCR
87468.1(a)(1) | 1
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7 | To be accorded dignity in their personal relationships with staff, residents, and other persons.
This requirement was not met by evidence of | 1
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7 | Licensee will review Title 22 Regulations, Section 87468.1 and submit a detailed written plan to ensure staff Rosario Bautista and facility staff are receiving the required in-service trainings on providing care in a proper manner according to the Regulation. |
 | 8
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14 | Per staff/residents interviews conducted, staff Rosario Bautista handled residents in a rough manner. Administrator did not comply with the section cited above which poses a potential health, safety or personal rights risk to persons in care. | 8
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14 | Licensee will provide a copy of names and signatures of all staff in attendance of trainings by POC due date. |