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32 | Regarding : Facility did not put a plan in place to protect a resident from being physically attacked by another resident.
During the case management visit that took place on 08/02/24, regarding the first assault that occurred on 07/24/24, the ED's plan was to separate R1 and R2 by ensuring that they were not seated at the same table during meals and to increase monitoring. The ED removed the table entirely and used its absence as a justification for seating the two residents at separate locations with new dining companions. When this LPA visited the facility on 08/05/24, kitchen staff had replaced the table to the original floor plan. The ED immediately removed the table.
On 08/07/24, R1 was assaulted by R2 again in the dining room. This LPA learned through a review of records that R2 had 4 "Stop and Watch" communications on file for the following dates: 12/08/23, 12/09/23, 01/21/24, and 02/19/24. They described various incidents and/or attempts of aggressive behavior by R2 towards other residents. Based on the documentation reviewed, R2 required additional monitoring in order to maintain the safety of the residents in care. After the assault on 7/24/24, the ED stated that the facility would increase monitoring. If there had been a monitoring plan put in place, then the assaults on R1 and R3 would not have occurred, however the dining room was left unattended by care staff and 2 residents were struck by R2.
The standard for the preponderance of evidence has been met and the department finds the above allegation to be SUBSTANTIATED. According to the California Code of Regulations, Title 22, this deficiency was cited on the LIC 9099D page.
No other deficiencies were observed or cited during today's visit. A copy of this report along with APPEAL RIGHTS were provided.
Exit interview. |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
01/06/2025
Section Cited
CCR
87211(a)(1)(D) | 1
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7 | Reporting Requirements
(a) Each licensee shall furnish...the following: (1) A written report to the licensing agency and to the person responsible for the resident...(D) Any incident which threatens the welfare, safety or health of any resident, such as psychological abuse of a resident by staff or other residents, or unexplained absence of any resident.
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7 | A training on incident reports and reporting requirements was conducted by the clinical regional specialist for Allen Flores and submitted to Licensing as part of the POC for the deficiency cited during the case management on 08/02/24, which was during the same time period as this complaint. This POC has been cleared. |
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14 | The above requirement was not met as evidenced by:
Based on interviews with S2, S3, and S5, the responsible party for R1 was not notified of the incident with R2. This posed a potential threat to the health, safety, and personal rights of the residents in care. | 8
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Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Under Appeal
Type A
12/07/2024
Section Cited
CCR
87468.1(a)(2) | 1
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7 | Personal Rights of Residents in All Facilities - (a) Residents...shall have following personal rights: (2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment.
The above requirement was not met as evidenced by:
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7 | The ED stated that he will sign an attestation stating that in the future, if a resident is being targeted/assaulted by another resident, increased monitoring will be initiated up to and including 1-1 supervision if necessary to ensure resident safety. |
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14 | Based on a review of records, as well as through interviews with K1, K2, and R3, R1 was attacked on 07/24/24, 08/04/24, and R3 was struck on 08/04/24 as well. This posed an immediate risk to the health, safety, and personal rights of the residents in care. | 8
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Under Appeal
Type A
12/07/2024
Section Cited
HSC
1569.2(c) | 1
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7 | 1569.2 Definitions - (c) “Care and supervision” means the facility assumes responsibility for...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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7 | The ED stated that an attestation will be signed by all care and dining staff stating that all staff understand that residents must be monitored while in the dining room at all times. This document will be submitted to CCL at kimberly.viarella@dss.ca.gov by 12/07/24. |
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14 | The above requirement was not met as evidenced by:
Based on a review of records, R2 had a history of aggressive behavior. Based on interviews, residents in the dining room were left unsupervised. This posed an immediate risk to the health, safety and personal rights of residents in care. | 8
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