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32 | This facility was previously cited for staff without criminal record associations on 2/12/24. A civil penalty in the amount of $1000 will also be assessed due to the repeat violation.
In an interview, Stumpf said that an individual (S7) had been working in this facility as a consultant. Stumpf said that this individual was last in this facility on 3/21/24 or 3/22/24. Stumpf said S7 was physically present in this facility three days. LPA Moleski reviewed a lifetime exclusion order for S7 which took effect on March 4, 2024. LPA Moleski provided a copy of this order to Stumpf, and to S7. Per HSC Section 1548(c)(7), the presence of an excluded individual shall result in an immediate $500 civil penalty and an additional $100 per day for each day present.
In an interview, S7 said S7 had been physically present in this facility and had provided direct care to residents. S7 also said that multiple other staff members worked without criminal record associations, and that Stumpf had told staff to lie to CCLD personnel by saying they were family members of residents, or to flee the facility if CCLD were to arrive unannounced. S1 said that S1 had been told to give LPA Moleski a false name, and to say that S1 did not provide any care. S1 provided LPA Moleski a false name, before admitting to S1’s actual name.
The department has determined the following as it relates to the allegations that staff members worked at the facility without criminal record association, and that staff files are incomplete:
Based on interviews and record review, the above allegations are SUBSTANTIATED. A finding that the complaint allegations are substantiated means that the allegations are valid because the preponderance of evidence standard has been met.
This facility is being cited per 22 CCR Sections 87412(a), 87355(e)(2), 87405(d)(2), and 87405(d)(5). A civil penalty of $100 per day for 3 days is hereby assessed due to the presence of an excluded individual, for a total of $300. An immediate civil penalty in the amount of $500 is hereby assessed for the presence of an excluded individual. A civil penalty in the amount of $1000 is hereby assessed for a repeat violation of criminal background clearance requirements. A civil penalty in the amount of $100 per day for 15 days is hereby assessed for the presence of an non-associated employee. An exit interview was held with Stumpf. Appeal rights and a copy of this report were left with Stumpf. |