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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 405802306
Report Date: 09/27/2022
Date Signed: 09/27/2022 03:31:56 PM

Unsubstantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364
This is an official report of an unannounced visit/investigation of a complaint received in our office on
07/09/2021 and conducted by Evaluator Darlene Chavez
COMPLAINT CONTROL NUMBER: 29-AS-20210709142244
FACILITY NAME:VISTA ROSA ELDER CAREFACILITY NUMBER:
405802306
ADMINISTRATOR:BAILEY, JESSICAFACILITY TYPE:
740
ADDRESS:467 HILL STREETTELEPHONE:
(805) 586-2200
CITY:SAN LUIS OBISPOSTATE: CAZIP CODE:
93401
CAPACITY:25CENSUS: 18DATE:
09/27/2022
UNANNOUNCEDTIME BEGAN:
11:25 AM
MET WITH:Jessica Bailey, AdministratorTIME COMPLETED:
03:50 PM
ALLEGATION(S):
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Staff handled resident in a rough manner
Resident left in soiled clothing for extended period of time
Residents do not receive appropriate assistance with their medication
Staff are not properly feeding the residents while in care
Administrator harassed resident in care
Staff lock resident's wheelchair wheels
Staff do not have appropriate training to care for residents
Staff use common wash cloths to clean residents
INVESTIGATION FINDINGS:
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On 9/27/22 at 11:25 am, Licensing Program Analyst (LPA) Chavez conducted an unannounced complaint visit to the facility listed above. LPA was greeted by staff in-person and spoke by phone with Jessica Bailey, Administrator, and explained the reason for the visit. At 11:51 am, the administrator arrived at the facility.

On the allegation “Staff handled resident in a rough manner,” the complainant was concerned that a staff member had been rough with residents, specifically “rushes to put the residents in and out of the bathroom.” To investigate the allegation, LPA interviewed the administrator and witnesses and reviewed records.

On 9/17/22 between 2:59 pm and 5:01 pm, LPA interviewed two witnesses. Both witnesses say they have not observed staff being rough with residents. On 9/19/22, between 11:19 am and 2:27 pm, LPA spoke with three witnesses who say they have not witnessed staff being rough with residents. On 9/20/22 at 8:20 am, LPA spoke with a witness who says that the resident they visit “thinks of staff as their children, loves it there, and can’t imagine being anywhere else.” - Continued on 9099-C.
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Kelly BurleyTELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Darlene ChavezTELEPHONE: (805) 450-0283
LICENSING EVALUATOR SIGNATURE:

DATE: 09/27/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/27/2022
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 1 of 7
Control Number 29-AS-20210709142244
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364
FACILITY NAME: VISTA ROSA ELDER CARE
FACILITY NUMBER: 405802306
VISIT DATE: 09/27/2022
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On 9/22/22 at 11:49 am, LPA interviewed the administrator. Administrator says that Resident #1 (R1) had a “rough time with Staff #1 (S1) at the beginning.” She explains that S1 was “efficient, to the point, brief, no extra stuff” and that R1 had a hard time getting used to S1’s approach. Administrator states that they asked R1’s family if they would like S1 taken off care duty for R1, and the family said “no.”

On 9/22/22 at 4:57 pm, LPA spoke with Witness #1 (W1). W1 stated that when R1 first moved in, the “shower was a little rougher than normal,” and explains that R1 came from “a spa treatment-type bath and that it took R1 time to get used to a more efficient shower.” W1 says that R1 is “extremely sensitive physically.”

On 9/22/22 at 12:10 pm, LPA reviewed S1’s disciplinary action. Records indicate there are no instances of S1 being counseled for behavior toward residents.

Based on the evidence obtained, the allegation “Staff handled resident in a rough manner,” is deemed Unsubstantiated at this time. Interviews and records indicate that S1 was not handling residents in a rough manner.

On the allegation “Resident left in soiled clothing for extended period of time,” the complainant remarked that Resident #2 (R2) “needed toileting assistance but the caregiver was told by a med-tech to stop helping R2 and to help in the kitchen.” Complainant says they later found that R2 was drenched in urine and feces. LPA investigated by interviewing the administrator and witnesses and reviewing records.

On 7/12/21 at 3:59 pm, LPA spoke with the Administrator who informs LPA that a family member of a resident complained to her about their mother “sitting in her bowel movement for hours.” Administrator says that “a med-tech spoke with the daughter in the past about how long it takes for resident to eat stating it takes her 45 to 120 minutes, then she goes to the bathroom every day at 12:00 pm and 1:30 pm or 2:00 pm, and sometimes she has a bowel movement at the dining table during a meal.” Administrator states that staff brought the resident back after lunch and she had a bowel movement.

On 9/22/22 at 1:45 pm, LPA reviewed administrator notes on the resident situation. In the notes, administrator writes “Checked into resident sitting in feces, watched video surveillance, found that it took her an hour and forty-five minutes to complete lunch, she was toileted right before and right after lunch…I served lunch that day and lunch the following day and witnessed it myself.” - Continued on 9099-C.

SUPERVISOR'S NAME: Kelly BurleyTELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Darlene ChavezTELEPHONE: (805) 450-0283
LICENSING EVALUATOR SIGNATURE:

DATE: 09/27/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/27/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 7
Control Number 29-AS-20210709142244
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364
FACILITY NAME: VISTA ROSA ELDER CARE
FACILITY NUMBER: 405802306
VISIT DATE: 09/27/2022
NARRATIVE
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On 9/17/22 between 2:59 pm and 5:01 pm, LPA interviewed two witnesses. Witnesses say that they have not seen nor smelled any soiled clothing, that the residents they visit are “always clean,” and they never witnessed residents being left in soiled clothing for an extended period of time.” On 9/19/22, between 11:19 am and 2:27 pm, LPA spoke with three witnesses who say that the residents they visit are never left in soiled clothing and there are no malodors. Witness #2 (W2) specified “I appreciate the most how they are taking care of R2 and keep R2 clean.” On 9/20/22 at 8:20 am, LPA spoke with Witness #3 (W3) who says that “it’s the opposite of what the complaint is and she (resident) is always clean.” On 9/22/22 at 4:57 pm, LPA spoke with W1 who said that R1 has never been left in soiled clothing for an extended period of time.

Based on the evidence obtained, the allegation “Resident left in soiled clothing for extended period of time,” is deemed Unsubstantiated at this time. Interviews and record review indicate residents’ toileting needs are being met in a timely manner.

On the allegation “Residents do not receive appropriate assistance with their medication,” the complainant’s concern was that there is only one med-tech and the med-tech does not stay in the resident’s room to ensure they take their medication. Complainant says there have been pills found on the floor of residents’ rooms. LPA investigated by interviewing the administrator, staff, and witnesses, and making observations.



LPA interviewed five witnesses on 9/17/22 and 9/19/22. All witnesses say they did not have any problems with the medications for the residents they visited. One witness says they did not observe any pills in the resident’s room.

On 9/27/22 at 12:00 pm, LPA interviewed the administrator. Administrator says there are two med-techs and one caregiver who are trained on medication dispensing and provided training documentation to LPA.



On 9/27/22 between 11:47 am and 12:20 pm, LPA interviewed two staff. Staff say that only the med-techs and one caregiver are trained on medication dispensing and that they are the only ones dispensing medications. They say they have never seen med-techs leave a resident without ensuring the resident has taken his/her medication. They say that, in the mornings, most residents are given their medications in the dining room with breakfast and that there are only a couple residents who get them earlier in their rooms. Staff say there is a process in place for staff dispensing medications to ensure residents get their meds. One staff said that residents can refuse medications and then that is documented and brought to the attention of the lead med-tech. The other staff says they have seen where a resident drops a medication on the ground, the med-tech picks it up, and replaces it with a new one. - Continued on 9099-C.
SUPERVISOR'S NAME: Kelly BurleyTELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Darlene ChavezTELEPHONE: (805) 450-0283
LICENSING EVALUATOR SIGNATURE:

DATE: 09/27/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/27/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 7
Control Number 29-AS-20210709142244
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364
FACILITY NAME: VISTA ROSA ELDER CARE
FACILITY NUMBER: 405802306
VISIT DATE: 09/27/2022
NARRATIVE
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On 9/27/22, LPA reviewed staffing records. Staffing records from 7/12/21 indicate there are two medication technicians on schedule. LPA reviewed their medication training and noted they are up-to-date on training.

Based on the evidence obtained, the allegation, “Residents do not receive appropriate assistance with their medication,” is deemed Unsubstantiated at this time. There is no evidence that residents are not receiving their medications nor that there are pills left on the floor.

On the allegation “Staff are not properly feeding the residents while in care,” the complainant’s concern was that residents are “overfed and Resident #2 has gained a lot of unhealthy weight.” To investigate, LPA interviewed witnesses and reviewed records.



On 9/27/22, LPA reviewed R2’s physician report and weight logs for January through August of 2021. R2 gained fourteen pounds in this time period. LPA reviewed the weight logs for five additional residents from January through August 2021 and found that these residents’ weights fluctuated within ten pounds.

On 9/19/22 at 2:27 pm, LPA spoke Witness #2 (W2). W2 says that R2 “likes the food, thinks it is good quality, good portions, and good desserts and R2 likes sweets.” W2 says they have “No concerns about R2 gaining any weight” and states that R2 went through a big bag of Werther’s candy that family provided.

On 9/20/22 at 8:20 am, LPA interviewed Witness #3 (W3). W3 reports that the family member they visit is a diabetic, and staff cater to her dietary needs by giving her sugar-free syrup on her pancakes and not giving her large portions of food and minimal fruit. W3 says that she enjoys their cooks and the food they serve.

Based on the evidence obtained, the allegation “Staff are not properly feeding the residents while in care,” is deemed Unsubstantiated at this time. Interviews and records reveal that residents are getting an adequate daily food intake, and diets are specialized when needed.



On the allegation “Administrator harassed resident in care,” the complainant was concerned that R1 was unable to reach staff to assist with toileting needs and called 9-1-1, and the administrator “confronted the resident and began to harass R1 for calling 9-1-1.” To investigate the allegation, LPA interviewed the administrators and witness.

Continued on 9099-C.

SUPERVISOR'S NAME: Kelly BurleyTELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Darlene ChavezTELEPHONE: (805) 450-0283
LICENSING EVALUATOR SIGNATURE:

DATE: 09/27/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/27/2022
LIC9099 (FAS) - (06/04)
Page: 4 of 7
Control Number 29-AS-20210709142244
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364
FACILITY NAME: VISTA ROSA ELDER CARE
FACILITY NUMBER: 405802306
VISIT DATE: 09/27/2022
NARRATIVE
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On 9/22/22 at 1:27 pm, Administrator Jessica Bailey says she remembers the incident happened “within one month of R1 moving in” and does not remember going into R1’s room and talking with R1 about it. On 9/22/22 at 1:40 pm, LPA spoke with Rachelle Tellez, Assistant Administrator. Ms. Tellez says she does not recall when anyone may have talked to R1 after the incident.

On 9/22/22 at 4:57 pm, LPA spoke with W1. W1 says they remember the event distinctly. W1 says R1 was having panic attacks over not getting a hold of anyone and that it was “good that R1 called 9-1-1, it gave R1 a sense of empowerment.” W1 says R1’s “mood the next day was great because R1 felt empowered.” W1 expresses that R1 “never had anyone come in and give R1 a hard time. No one harassed R1.”


Based on the evidence obtained, the allegation, “Administrator harassed resident in care,” is deemed Unsubstantiated at this time. Interviews conclude that R1 was not harassed by the administrators or any other staff.

On the allegation, “Staff lock resident's wheelchair wheels,” the complainant’s concern was that staff lock residents’ wheels and specifically the wheels of Resident #3 (R3). To investigate the allegation, LPA interviewed staff and witnesses and made observations.



On 9/17/22 between 2:59 pm and 5:01 pm, LPA interviewed two witnesses. The first witness says, “I have never witnessed staff locking my aunt’s wheelchair.” The second witness visited R3 and expressed, “I never observed staff using the wheel lock for restraint.” On 9/19/22, between 11:19 am and 2:27 pm, LPA spoke with three witnesses who report that the residents they visited and observed in the facility and who use wheelchairs, observed that the wheelchair locks were only used for safety, not restraint. On 9/20/22 at 8:20 am, LPA interviewed W3 who says that the only time they’ve seen staff lock a resident’s wheels is “in the van during transport.”

On 9/22/22 at 12:45 pm, LPA interviewed the administrator. Administrator says that “staff lock wheels of all residents for safety, i.e. at the dining table.” She says “some non-memory care residents are able to unlock their own wheels.”

On 9/27/22 between 11:47 am and 12:20 pm, LPA interviewed two staff. Staff say they only lock a resident’s wheelchair when performing a transfer and have observed other staff locking residents’ wheelchairs only for safety purposes. - Continued on 9099-C.

SUPERVISOR'S NAME: Kelly BurleyTELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Darlene ChavezTELEPHONE: (805) 450-0283
LICENSING EVALUATOR SIGNATURE:

DATE: 09/27/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/27/2022
LIC9099 (FAS) - (06/04)
Page: 5 of 7
Control Number 29-AS-20210709142244
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364
FACILITY NAME: VISTA ROSA ELDER CARE
FACILITY NUMBER: 405802306
VISIT DATE: 09/27/2022
NARRATIVE
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On 9/27/22 at 12:48 pm, LPA toured the dining and living rooms. LPA observed six residents in wheelchairs. Two residents were moving through the area in their wheelchairs, the other four were sitting in one place. At 1:05 pm, LPA observed a resident in the front lobby strolling in her wheelchair.

Based on the evidence obtained, the allegation, “Staff lock resident’s wheelchair wheels” is deemed Unsubstantiated at this time. Interviews indicate that staff are locking resident’s wheelchairs for safety purposes only.

On the allegation “Staff do not have appropriate training to care for residents,” the complainant was concerned that staff do not have experience and do not receive proper training before caring for the residents. To investigate, LPA interviewed the administrator, staff and witnesses and reviewed records.



On 9/27/22 at 12:00 pm, LPA interviewed the Administrator. Administrator states that new caregivers go through a 10-day training at 12 hours per day before they can work independently. Two staff interviewed by LPA on 9/27/22 say they have completed the 10-day training. LPA requested a sampling of three caregivers and obtained their 10-day New Hire Training Logs. All three completed their New Hire Training.

On 9/17/22 between 2:59 pm and 5:01 pm, LPA interviewed two witnesses. One witness explains that the resident they visited had very high standards and that they felt staff were “less trained and didn’t know how to make beds, clean rooms, and shower residents.” The other witness says they had no issues with staff being competent.

On 9/19/22 between 11:19 am and 2:27 pm, LPA interviewed three witnesses. Witnesses say the staff “have good training,” that “staff are quite good,” and “they’re fine, good staff.” On 9/20/22 at 8:20 am, LPA interviewed W3. W3 says they watch staff check on the resident they visit, take their blood sugar, and other interactions and W3 has no concerns about staff being trained.

Based on the evidence obtained, the allegation “Staff do not have appropriate training to care for residents,” is deemed Unsubstantiated at this time. Interviews and records review indicate that staff have required training to meet the basic needs of residents in care.



Continued on 9099-C.
SUPERVISOR'S NAME: Kelly BurleyTELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Darlene ChavezTELEPHONE: (805) 450-0283
LICENSING EVALUATOR SIGNATURE:

DATE: 09/27/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/27/2022
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 29-AS-20210709142244
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364
FACILITY NAME: VISTA ROSA ELDER CARE
FACILITY NUMBER: 405802306
VISIT DATE: 09/27/2022
NARRATIVE
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On the allegation, “Staff use common wash cloths to clean residents,” the complainant was concerned that staff use common wash cloths to clean resident’s buttocks and cloths are stained and ripped. LPA investigated by interviewing the administrator, staff and witnesses and making observations.

On 9/17/22 and 9/19/22, LPA interviewed five witnesses. All witnesses say that linen was adequate and clean and that they had no concerns about the linen. However, four of the witnesses mentioned that they had an issue with the residents getting another resident’s clothing or that their clothing was missing during the laundering process. LPA advised the administrator and S2 on greater measures to ensure clothing is delivered to residents properly.

On 9/22/22 at 12:45 pm, Administrator says that staff “use Sani wipes to clean residents’ buttocks and sometimes use cloth towels.” On 9/27/22 at 11:30 am, S2 also states that staff use sanitary wipes and occasionally use cloth towels to wipe residents’ buttocks.

On 9/27/22 at 11:30 am, LPA toured the laundry room. LPA observed five bath towels, ten face towels, and five sheets. LPA sampled the linens and did not find significant issues with the linen. There were a few towels that were a bit ragged on the edges with minor stains but appeared to be in good shape. LPA advised administrator on replacing these soon. Administrator says she replaces them “all the time” and will take a look again to see what needs replacing.

On 9/27/22 between 11:47 am and 12:29 pm, LPA interviewed two staff. Staff say they inform S2 when linens need replacing.

Based on the evidence obtained, the allegation, “Staff use common wash cloths to clean residents,” is deemed Unsubstantiated at this time. Interviews and observations indicate that residents in care are receiving healthful accommodations.

Exit interview conducted and the report emailed to the administrator.

SUPERVISOR'S NAME: Kelly BurleyTELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Darlene ChavezTELEPHONE: (805) 450-0283
LICENSING EVALUATOR SIGNATURE:

DATE: 09/27/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/27/2022
LIC9099 (FAS) - (06/04)
Page: 7 of 7