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32 | In addition, PINs for COVID-19 states that “If there are differing requirements between the most current CDC, CDPH, CDSS, CDDS, Cal/OSHA, and local health department guidance or health orders, licensees should follow the strictest requirements.” Testing was being conducted weekly as required, however; residents in assisted living would stand in line without social distancing and/or masks waiting for their turn to be tested. Dining room stayed open with assisted living conducting two meal shifts and memory care one shift without social distancing of 6 feet. Outbreak started in assisted living and facility allowed residents from assisted living to visit residents' in memory care, outside visitors were allowed into the facility including memory care. MCPH communicated concern of facility staff ability to follow guidance advised. (see copy of documentation, Complaint # 21-AS-20220114144757 – substantiated) Based on interviews and documentation reviewed, facility failed to ensure that resident’s personal rights were not violated.
Regarding allegation of “Staff not responding to assist in a timely manner.”, after records reviewed and interviews, Department learned that staff failed on responding to call system timely. Records show that between 12/9/21 and 12/15/21 staff took 11 to 36 min to respond 25% of call buttons for assisted living and 5% never had a response. (see LIC 9099-D, Civil Penalties)
According with complaint allegation "Personal Rights.”; “Staff not responding to assist in a timely manner.” there were related observations made during visit. Based on LPAs' observations and interviews which were conducted and record reviews, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED.
Civil Penalties are also being assessed in the amount of $250 due to a 2nd repeat citation issued for the same sections in less than 12 months. Today's assessment of $250.00 is for the period of 4/26/2022 through 5/26/2022 - Title 22 Regulations # 87464(d)
*****Total Civil Penalties issued today in the amount of $250.00.
Appeal of Rights Given.The following deficiencies were observed (see LIC 9009D) and cited from the California Code of Regulations, Title 22, Division 6 of California Regulation. Failure to correct the deficiency and/or repeat deficiencies within a 12 month period may result in civil penalties. Exit interview conducted and appeal of rights provided. |