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32 | None of the staff or residents interviewed could remember the date the dining room was closed but all agreed it was sometime in April 2021. The Administrator reported that the dining room was closed again because the residents would not follow the two people per table rule and would not social distance and none of the residents would wear a mask when entering or leaving the dining room. 7 out of 7 residents interviewed denied this report. 4 out of 4 staff interviewed reported that most of the residents followed the 2 rules but there were always 2 or 3 residents per meal that violated the rules. On 5/14/2021 PIN 21-17.2-ASC (which supersedes prior PINs issued) was issued which stated on page 8, “Residents who are not on isolation precautions or quarantine may eat in the same room and same table and participate in group activities within six (6) feet of each other and with appropriate hand hygiene.”. In addition, PIN 21-17.2 stated, “If residents who are not fully vaccinated are present in a communal area (e.g., dining room or activity area), then all participants should wear a well-fitting face covering (except while eating or drinking).”. PIN 21-17.2 also stated, “It is important to note that licensees cannot keep residents from participating in communal dining or group activities, or keep residents separated during communal dining or a group activity, based on vaccination status. Residents who are not on isolation precautions or quarantine retain the right to participate in communal dining and group activities, regardless of their vaccination status.”. All staff and residents interviewed reported the dining room was opened on or around July 7, 2021. The dining room was required to be open beginning on 5/14/2021 with no restrictions except for those who were on isolation or quarantine. All staff and residents interviewed verified the dining room was closed before 5/14/2021 and did not open until July 7, 2021.
Based on the evidence gathered the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. Violations are being cited per California Code of Regulations, Title 22, Division 6, Chapter 8.
An exit interview was conducted and a copy of the report along with appeal rights was provided. |