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25 | Licensing Program Analyst (LPA) Melody Brown met with Licensee Virginia Garcia and Administrator Michael Garcia at Community Care Licensing Division (CCLD) Adult and Senior Care (ASC) Regional Office 01/12/2023 at 01:00 PM to initiate a Case Management Office Visit. LPA Brown explained the purpose of the requested Office Visit. The investigation consisted of interviews and a review of pertinent documentation.
On 12/29/2022, LPA Brown received Personnel Report Summary (LIC500) from Administrator Garcia and Staff December 2022 Work Schedule. LPA Brown observed per records review that Staff # 5 (S5) was listed “pending” in LIC500 with date 12/05/2022 but per 12/2022 Staff Schedule received, it indicated S5 working at the facility 12/01/2022. On 01/09/2023, LPA Brown received 12/2022 and 01/2023 Staff Work Schedule from Administrator Garcia and both 12/2022 and 01/2023 staff work schedule indicated S5 working at the facility. On 01/12/2023, LPA Brown contacted S5 and S5 reported working at the facility since 06/07/2021 on a night (NOC) shift schedule. During the office visit on 01/12/2023, Administrator Garcia confirmed that S5 started working at the facility 06/07/2021. LPA Brown observed per records review that S5 criminal background clearance is “in process” per Guardian website and the facility allowed S5 to work at the facility without criminal background clearance. LPA Brown will issue a deficiency as this pose immediate health, safety and personal rights risk to residents in care.
LPA Brown reviewed compliance history and observed that the facility was issued the same deficiency for a staff working at facility without criminal background clearance last 08/09/2022. Civil Penalty was assessed for repeat violation on Criminal Background Clearance within a 12-month period with the amount of $3,000.00 and will continue to be assessed of $100.00 per day per citation until corrected during the Office Visit due to the facility allowed S5 to work without Criminal Background Clearance since 06/07/2021.
An exit interview was conducted with Licensee Virginia Garcia and Administrator Michael Garcia where a copy of this report (LIC 809) along with LIC 809D, LIC421BG and Appeal Rights were discussed and provided.
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