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32 | As a result, the facility was not monitoring/ensuring R1's general health, safety, and well-being needs were being met. Moreover, the investigation revealed the facility was short staff during the AM shift (6:00 AM to 2:30 PM). During the AM shift, there was one med-tech and one care staff assigned to the Assisted Living unit. Throughout the investigation, LPA Martinez was informed AM staff did not check on R1. Additionally, R1 missed breakfast and lunch, and facility staff did not check on R1 after the missing meals.
Facility staff conducted a safety check after the facility concierge received a phone call from R1's responsible party (RP). Care staff provided first aid care, assisted R1 off the ground, and helped dress R1. Facility staff called 911 after resident was found on the floor for an undetermined amount of hours. Due to the fact that the facility did not provide basic services to R1, the facility did not provided timely medical attention. As a result of this investigation, the Department finds these allegations to be Substantiated. A finding that the complaint is substantiated means that the allegations are valid because the preponderance of the evidence standard has been met. Deficiencies cited on the LIC 9099-D page, per Title 22 Regulations.
Due to R1 sustaining serious bodily injury, the violation warrants civil penalty assessments. At this time, the civil penalty assessments are under review, and a civil penalty determination is pending by the Department. Once civil penalty assessments have been determined, an LPA will return at a future date to assess the civil penalties. An immediate $500.00 civil penalty shall be assessed on January 17, 2024; based on the fact the facility failed to provide basic care services to R1, which posed an immediate threat to the Health, Safety, and Personal Rights of R1. Please refer to 9099-D page for civil penalty: 1569.312(e) Basic services requirements.
An exit interview was conducted, and a copy of this 9099 report, LIC 9099-D, and appeal rights were provided to the facility. Failure to correct any deficiencies by plan of correction due dates may result in civil penalties.
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