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32 | 809C(3)...R1 passed away at the skilled nursing facility on November 19, 2018.
Based on observation, interview, and record review, the licensee failed to provide adequate care and supervision of the resident and failed to seek timely medical treatment. The licensee’s failure to provide adequate care, supervision, and failure to seek timely care caused R1 to suffer stage 3 and stage 4 pressure injuries that required hospitalization, which is a serious bodily injury.
At the time of the complaint visit conducted on March 15, 2019, an immediate civil penalty of $500 was issued and the licensee was informed that an additional civil penalty was still being determined and might be assessed based on Health and Safety Code § 1569.49.
The Department has concluded an analysis and has determined that a civil penalty is warranted for serious bodily injury. Per Welfare and Institutions Code § 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.”
Today, September 10, 2020, the Department will be issuing a civil penalty per Health and Safety Code § 1569.49 for a violation that the Department constitutes as serious bodily injury in the amount of $10,000. However, since an immediate civil penalty of $500 was previously issued on March 15, 2019, the amount of the civil penalty issued today will be $9,500. A copy of the LIC 421D was given to Emilia Ardelean, Licensee, and originals were signed.
Exit interview conducted. A copy of the report issued. Appeal Rights provided. Emilia Ardelean's signature on this report acknowledges receipt of these rights, found on page 2 of LIC 421D. |