361880660-12-17-2021-18-AS-JESL-CSE83S-20230601221001

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 361880660
Report Date: 12/17/2021
Date Signed: 12/17/2021 05:58:09 PM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1650 SPRUCE ST STE 200 MS29-27
RIVERSIDE, CA 92507

This is an official report of an unannounced visit/investigation of a complaint received in our office on
04/07/2020 and conducted by Evaluator Crystal Colvin

PUBLIC

COMPLAINT CONTROL NUMBER: 18-AS-20200407112426

FACILITY NAME:	RIALTO ASSISTED LIVING		FACILITY NUMBER:	361880660
ADMINISTRATOR:	KYONG SUK LEE		FACILITY TYPE:	740
ADDRESS:	1441 S RIVERSIDE AVE		TELEPHONE:	(909) 877-2340
CITY:	RIALTO	STATE: CA	ZIP CODE:	92376
CAPACITY:	94	CENSUS: 48	DATE:	12/17/2021
		UNANNOUNCED	TIME BEGAN:	12:45 PM
MET WITH:	Kyong "Clara" Suk Lee - Administrator		TIME COMPLETED:	06:00 PM

ALLEGATION(S):

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Facility is not providing residents with access to their money in a timely manner

Facility is not maintained in a healthful manner

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Crystal Colvin arrived at the facility unannounced to follow up on the open complaint with the allegation above. LPA Colvin met with Administrator Kyong "Clara" Suk Lee and advised of the purpose of today's visit. Below is a summary of the findings of the investigation:

Regarding allegation "Facility is not providing residents with access to their money in a timely manner": LPA Colvin interviewed staff and residents, as well as reviewed P&I records for residents for the year of 2020, when this complaint was filed. Interviews revealed that each month the Licensee takes the checks for residents (who have their Social Security sent directly to the facility) to the bank and cashes them before returning the cash to the facility where it is kept on hand for residents for when they request it. Interviews additionally revealed that in April 2020, the Licensee did not cash the residents' checks at the bank until 4/9/20, due to bad weather and scheduling conflicts. According to witnesses, the resident checks normally arrive at the facility on the 3rd of each month. Due to the delay in cashing the checks, some residents were unable to access their P&I funds for the month for almost one week.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Joel Esquivel	TELEPHONE: (951) 248-0312
LICENSING EVALUATOR NAME: Crystal Colvin	TELEPHONE: (951) 204-0848
LICENSING EVALUATOR SIGNATURE:	DATE: 12/17/2021

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/17/2021

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 18-AS-20200407112426

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1650 SPRUCE ST STE 200 MS29-27
RIVERSIDE, CA 92507

FACILITY NAME: RIALTO ASSISTED LIVING	FACILITY NUMBER: 361880660
	VISIT DATE: 12/17/2021

NARRATIVE

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This was further evidenced through review of the P&I logs, in which show multiple residents having their P&I funds deposited 4/9/20, and then subsequently cashed out to the residents on 4/9/20. These residents who were most affected do not maintain a carryover balance from the previous month, meaning that they have no available funds until the Licensee cashes their Social Security check and makes these funds accessible to them. Therefore, due to the residents' funds being delayed 6 days due to the Licensee electing to not deposit the checks, the allegation "Facility is not providing residents with access to their money in a timely manner" is SUBSTANTIATED.

Regarding allegation "Facility is not maintained in a healthful manner": LPA Colvin investigated this allegation, which is specific to the facility smelling like cigarette smoke, by conducting a tour of the facility and interviewing residents. LPA Colvin concentrated her investigation on the wing of the facility closest to the entry/exit which is closest to the designated "smoking area". Interviews conducted by LPA Colvin resulted in multiple statements of cigarette smoke bothering the residents, even while the residents are present indoors and in their own bedrooms. LPA Colvin additionally observed the strong smell of cigarette smoke when passing Room #37, which LPA Colvin did not enter, but who's door was open. LPA Colvin additionally observed warning notices in at least one resident's (R1) file, for smoking indoors. Also of note, LPA Colvin observed that at least two residents in the wing near the entrance exit to the smoking section are on oxygen, and therefore are more susceptible to any second hand smoke which enters the facility.

LPA Colvin additionally observed that R1 has been given three warnings for the same behavior, but there was no eviction notice on file, despite the warning form stating that after three warnings a resident will be given a 30-day eviction notice. Therefore, due to observations, interviews, and record review, the allegation "Facility is not maintained in a healthful manner" is SUBSTANTIATED.

A finding that the complaint is SUBSTANTIATED means that the allegation(s) is valid because the preponderance of the evidence standard has been met.

Due to observations made by LPA Colvin, the facility was cited and deficiency noted on LIC 9099 D. An exit interview was conducted where this report and appeal rights were discussed. A copy of all reports, forms, and appeal rights were provided to Administrator Kyong "Clara" Suk Lee during the exit interview.

SUPERVISOR'S NAME: Joel Esquivel	TELEPHONE: (951) 248-0312
LICENSING EVALUATOR NAME: Crystal Colvin	TELEPHONE: (951) 204-0848
LICENSING EVALUATOR SIGNATURE:	DATE: 12/17/2021

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/17/2021

LIC9099 (FAS) - (06/04)

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Control Number 18-AS-20200407112426

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1650 SPRUCE ST STE 200 MS29-27
RIVERSIDE, CA 92507

FACILITY NAME: RIALTO ASSISTED LIVING	FACILITY NUMBER: 361880660
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 12/17/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 12/31/2021 Section Cited CCR 87468.2(a)(27)	1 2 3 4 5 6 7	Additional Personal Rights of Residents in... Facilities : (a) In addition to the rights listed...residents...shall have all of the following personal rights: (27) To keep, have access to, and use their own personal possessions...and to keep and be allowed to spend their own money... This requirement was not met by:	1 2 3 4 5 6 7	Licensee to submit plan to LPA Colvin to ensure that residents have access to their funds upon request. Possible solutions include: Giving other staff access/ability to cash checks; loaning residents funds from facility petty cash until their checks can be cashed; ensuring that checks are cashed in a timely
	8 9 10 11 12 13 14	Based on interviews and record review, the Licensee did not comply with the above regulation with at least 4 residents. LPA Colvin observed 4 residents did not have access to their April 2020 P&I until 4/9/20, six days after the Licensee received the checks. This was a potential personal rights violation.	8 9 10 11 12 13 14	manner. Licensee to provide LPA Colvin with plan by the Plan of Correction date of 12/31/21.
Type B 12/31/2021 Section Cited CCR 87468.1(a)(2)	1 2 3 4 5 6 7	Personal Rights of Residents in All Facilities: (a) Residents in all residential care facilities for the elderly shall have all of the following personal rights: (2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Licensee to evaluate options on how they can address the concerns with the facility smelling like cigarettes. LPA Colvin reccomends for the Licensee to include residents (including those who smoke) in the discussion, for opportunity to hear all resident opinions or concerns.
	8 9 10 11 12 13 14	Based on interviews and observation, the Licensee did not comply with the above regulation with at least one aspect of the facility. LPA Colvin confirmed that the wing of the facility near the exit which leads to the smoking section smells like cigarettes. This is a potential person right violation of residents.	8 9 10 11 12 13 14	Licensee to provide LPA Colvin with plan on how this issue will be address. Plan due to LPA Colvin by Plan of Correction date of 12/31/21.

Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

SUPERVISOR'S NAME: Joel Esquivel	TELEPHONE: (951) 248-0312
LICENSING EVALUATOR NAME: Crystal Colvin	TELEPHONE: (951) 204-0848
LICENSING EVALUATOR SIGNATURE:	DATE: 12/17/2021

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/17/2021

LIC9099 (FAS) - (06/04)

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