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32 | The administrator illegally evicted a resident when failing to follow Section 87224. The licensee failed to reappraise a resident before admitting him/her back from a hospital stay; then, upon readmission, the resident was cursorily deemed beyond the level of care (without a formal appraisal) and sent back to the hospital. The facility has been cited on a LIC 9099D under complaint number 14-AS-20210913142555.
A resident had a change of condition during the night of 8/30/2021 and early hours of 8/31/2021. The facility had failed to update the resident’s emergency card, so the notification of the resident’s condition went to a contact person out of State, and who unable to respond to the resident’s situation and in so doing violating Section 87468.1 (a) (8) Personal Rights of Residents in All Facilities. The facility has been cited on a LIC 9099D under complaint number 14-AS-20210913142555.
Given the above information the facility is cited under:
· 87755 (b) Inspection Authority of the Licensing Agency - The licensee shall ensure that provisions are made for private interviews with any resident or any staff member; and for the examination of all records relating to the operation of the facility.
· 87755 (c) Inspection Authority of the Licensing Agency - The licensing agency shall have the authority to inspect, audit, and copy resident or facility records upon demand during normal business hours. Records may be removed, if necessary, for copying.
· 87405 (d) (2) Administrator - Qualifications and Duties. The administrator shall have the knowledge of and ability to conform to the applicable laws, rules and regulations.
· 87411 (a) Personnel Requirements – General - Facility personnel shall at all times be sufficient in numbers, and competent to provide the services necessary to meet resident needs. In facilities licensed for sixteen or more, sufficient support staff shall be employed to ensure provision of personal assistance and care as required in Section 87608, Postural Supports. Additional staff shall be employed as necessary to perform office work, cooking, house cleaning, laundering, and maintenance of buildings, equipment and grounds. The licensing agency may require any facility to provide additional staff whenever it determines through documentation that the needs of the particular residents, the extent of services provided, or the physical arrangements of the facility require such additional staff for the provision of adequate services.
Based on interviews and record reviews during the investigation, deficiencies of the California Code of Regulations, Title, 22 cited on the LIC809D. Failure to correct the deficiencies may result in civil penalties.
This report is reviewed and discussed with the administrator. A copy is provided. |