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32 | R1 was diagnosed with a status post mechanical fall, including a minimally displaced right sixth and seventh rib fracture, blunt head trauma, acute nose contusion, acute right flank pain, and acute left hip pain. R1 was hospitalized for approximately 36 hours, from February 26, 2022, to February 28, 2022, and was discharged to a Skilled Nursing Facility.
On September 29, 2022, substantiated findings were delivered by the Department regarding the allegation that “staff did not seek medical attention for resident,” and the licensee was cited for violating the California Code of Regulations, Title 22, Section 87465(a)(1), Incidental Medical and Dental Care, for not arranging, or assisting to arrange medical care appropriate to the conditions and needs of R1. An immediate civil penalty of $500.00 was assessed as a result of this violation and the licensee was advised that an additional civil penalty may be assessed based on H&S Code § 1569.49.
The Department has concluded an analysis and has determined that an additional civil penalty is warranted for a violation that resulted in R1 sustaining serious bodily injuries while under the care of this facility. 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.” This is evidenced by the licensee not seeking medical assistance causing serious bodily injury resulting in the resident’s hospitalization from February 26, 2022 to February 28, 2022 and the need for a higher level of care.
Today, October 20, 2022, the Department is issuing a civil penalty per H&S Code § 1569.49(f), in the amount of $10,000.00 for a violation that the Department constitutes as serious bodily injury. However, since an immediate civil penalty of $500.00 was previously issued on September 29, 2022, the amount of the civil penalty issued is reduced to $9,500.00.
A copy of the LIC421D was given to Executive Director Charles Bloom and originals were signed.
An exit interview was conducted, and a copy of this report, along with the licensee’s Appeal Rights, was provided to Charles Bloom. Charles Bloom's signature on this report, acknowledges receipt of the Appeal Rights, found on page two of the LIC421D. |