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32 | On February 07, 2023, a medical professional noted R1 was very thin with evidence of poor nutrition. It was also noted R1’s refusal of food and medication was a serious concern, and R1 should have received timely medical attention for failure to thrive. A facility staff reported on February 09, 2023, that R1 should have been transferred to a higher level of care facility before October 2022 due to health condition changes.
As a result, on March 09, 2023, the Department substantiated the allegation “staff did not seek timely medical attention for resident's change in condition” and the licensee was cited for violating the California Code of Regulations Title 22, section 87464(f)(1) Basic Services, which states, “Basic Services shall at a minimum include: care and supervision as defined in Section 87101(c)(3) and Health and Safety Code section 1569.2(c).” The Licensee failed to obtain timely medical attention for R1 and retained R1 after acknowledging R1’s change in health condition required a higher level of care facility. This posed an immediate safety risk to R1. The licensee was informed that a civil penalty was still being determined and may be assessed based on Health and Safety Code section 1569.49.
The Department has concluded an analysis and has determined that a civil penalty per Health and Safety Code section1569.49(f), in the amount of $10,000 is warranted for a violation that resulted in R1 sustaining serious bodily injuries while under the care of this facility. The Welfare and Institutions Code section 15610.67 defines serious bodily injury as “an injury involving extreme physical pain, substantial risk of death or protracted loss or impairment of a function of a bodily member, organ, or of mental faculty, or requiring medical intervention, including but not limited to, hospitalization, surgery or physical rehabilitation.” This is evidenced by the licensee’s failure to ensure proper care and supervision for R1, resulting in R1 sustaining significant weight loss and hospitalization in the intensive care unit. There was a substantial risk of death or impairment of bodily function due to client refusing food and medication.
[Continued on 809-C, Page 3] |