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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 405850034
Report Date: 10/06/2023
Date Signed: 10/06/2023 02:50:22 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
06/05/2023 and conducted by Evaluator Darlene Chavez
COMPLAINT CONTROL NUMBER: 29-AS-20230605103503
FACILITY NAME:AVILA SENIOR LIVING AT DOWNTOWN SLOFACILITY NUMBER:
405850034
ADMINISTRATOR:KAREN ENCISOFACILITY TYPE:
740
ADDRESS:475 MARSH STTELEPHONE:
(805) 541-4222
CITY:SAN LUIS OBISPOSTATE: CAZIP CODE:
93401
CAPACITY:100CENSUS: 54DATE:
10/06/2023
UNANNOUNCEDTIME BEGAN:
02:35 PM
MET WITH:Darlene Markham, Administrator/Executive DirectorTIME COMPLETED:
02:50 PM
ALLEGATION(S):
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Insufficient staffing to meet residents’ needs.
Staff did not provide timely medical care for resident.
INVESTIGATION FINDINGS:
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On 10/6/23 at 2:35 pm, Licensing Program Analyst (LPA) Chavez conducted an unannounced follow-up visit to deliver final findings for the original complaint dated 6/05/2023. To investigate, LPA interviewed the administrator, residents, and staff. Interviews were conducted on 6/7/23 between 10:45 am through 3:10 pm and on 6/14/23 at 3:45 pm. Today, LPA met with Darlene Markham, Administrator/Executive Director, and explained the purpose of the visit.

On the allegation, “Insufficient staffing to meet residents’ needs,” the complainant was concerned that staff was working alone on the AM shift “last week” and that residents were waiting 30 minutes to 2 hours to be assisted. The licensee previously informed CCL the staffing needed for each shift was 2 caregivers and 1 med-tech on the AM shift to ensure sufficient staffing. LPA reviewed timesheets for the week of 5/28/23 through 6/3/23. Records indicate there was one day with 2 caregiving staff and four days when the facility was not fully staffed on the AM shift. LPA reviewed pendant call button records for 5/31/23 through 6/3/23 for the AM shift. 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: 10/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/06/2023
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 3
Control Number 29-AS-20230605103503
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: AVILA SENIOR LIVING AT DOWNTOWN SLO
FACILITY NUMBER: 405850034
VISIT DATE: 10/06/2023
NARRATIVE
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Records reveal that staff responded within 10 minutes and there were a few outliers of 11 minutes, 15 minutes, and 16 minutes.

Administrator says she is reviewing staffing schedules daily and has instructed staff to call her directly when calling out. She says she then asks other staff to work overtime or calls a temporary agency to fill-in. LPA interviewed staff working the AM shift who indicated that some days they are the only caregiving staff on-duty and sometimes temp agency staff come in. Staff say they are able to get their work done but it may not be as high quality as usual. Staff say, “It’s been pretty good the last two weeks.” Staff also indicate that the AM shift is the busiest and sometimes staff call out sick, however, the staff on-duty are able to handle it, they’re just running a bit faster.

Residents interviewed say that staff are timely in responding to their calls for assistance. They say there has only been one time on the AM staff were a little late in giving shower assistance, but the shower was given.

Based on evidence obtained, the allegation is deemed unsubstantiated at this time.

On the allegation, “Staff did not provide timely medical care for resident,” the complainant’s concern was that during a fire drill on 6/1/23, Resident #1 (R1) was exiting the building, fell, and hit their head on the ground. Complainant says staff picked up R1, but they are unsure if staff provided medical attention to R1.

The administrator stated that the Maintenance Manager was on the scene when R1 fell and assisted them up. Administrator stated shortly after, the Activities Assistant attended to R1, who told the administrator that they asked R1 if they hit their head, and R1 responded, “no.” Activities assistant says that R1 told them that R1 hit their right elbow and knees. Administrator says R1 was not taken to the hospital because R1 responded that they did not hit their head and did not request medical attention.

Wellness staff stated they were called to the hall leading to the garage where R1 fell and assessed R1. Staff explains that the Maintenance Manager was also present when they arrived. Staff say R1 was sitting up on the ground, and R1 told staff that their right elbow hurt, knees hurt in the front. Staff report they placed ice packs on R1’s knees and elbow and asked R1, “Did you hit your head?”, and R1 said they did not. Staff say they checked on R1 the next day, and R1 complained of being stiff and sore but “not acting any differently.”

Continued on 9099-C.

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

DATE: 10/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/06/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 29-AS-20230605103503
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: AVILA SENIOR LIVING AT DOWNTOWN SLO
FACILITY NUMBER: 405850034
VISIT DATE: 10/06/2023
NARRATIVE
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CCLD received an incident report from the facility on R1’s fall which states, “Resident was leaving the community by the garage door and fell. Red mark on (their) right elbow, complained of soreness to bilateral knees. Resident uses a walker. Responsible party and PCP notified.”

LPA interviewed R1 who states that they were at the top of the ramp getting ready to enter the garage (small door) and slid down the bottom of the ramp, tripped on their own feet, fell, and hurt the right side of hip. R1 reports that Resident #2 (R2) sat down with R1 on the floor, R2 picked up R1’s walker and items, and calmed R1 down. R1 says that a male was right there with her after the fall and a female nurse came to assist and get R1 back to their room. R1 says R1 held their head up and didn’t hit it on anything during the fall. R1 says they didn’t go to the doctor to get checked out because R1 stood up after the fall and walked back to their room by themselves and says they have no other pain besides the hip pain. R1 says they feel a little hesitant to walk but are feeling “okay.” R1 explains that the next day, staff came to R1’s room to assist with shower and that R1 did not need assistance.

Some residents interviewed said they saw R1 hit their head during the fall, however, they also say they weren’t looking directly at R1 when R1 fell. Other residents say they witnessed R1 fall but do not know what injuries, if any, R1 has. Residents corroborate that staff were there to assist R1 immediately after the fall.

Based on evidence obtained, staff responded appropriately based on R1’s account of the incident and assessment of R1, therefore the allegation is deemed unsubstantiated at this time.

Exit interview conducted, report given.

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

DATE: 10/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/06/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3