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13 | Home Care Services Branch (HCSB) Analyst, Ramsey Chimienti, conducted a follow-up visit via phone/email with Licensee, Gregory Kemper, for the purpose of completing a complaint investigation regarding the above allegations. In the course of the investigation, the analysts reviewed a list of documents that were compiled by Mr. Kemper. The requested documents included personnel documents, payroll and quarterly DE9 tax reporting statements spanning several years.
The 2023 documents that were provided from the licensee demonstrated multiple individuals who worked shifts without being registered on the Home Care Aide Registry and/or working without fingerprint clearance from the Department. Based on Analyst’s observations, interview, and evidence collected, the preponderance of evidence standard has been met, therefore, the above allegations are found to be SUBSTANTIATED. Health and Safety Code, Division 2, Chapter 13, Article 7, Sections 1796.43(a) and 1796.23 (a) are being cited on the attached HCS 9099D report.
Analyst Chimienti concluded the phone visit with an exit interview and provided a copy of the HCS 9099 and 9099D investigation reports along with appeal rights. |
| Substantiated | Estimated Days of Completion: |
|
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
10/25/2024
Section Cited
1796.23 (a) | 1
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7 | Health and Safety Code § 1796.23 (a) Each person initiating a background examination to be a registered home care aide shall submit his or her fingerprints to the Department of Justice by electronic transmission in a manner approved by the department, unless exempt under subdivision (d). Criminal... | 1
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7 | The licensee acknowledges that fingerprint clearance from the Department in the form of either a screen capture from the Home Care Aide Registry Search site, a copy of the registration/exemption approval letter from the Department, or a copy of the personnel roster from Guardian showing... |
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14 | Background Clearance and/or Exemption approval was not obtained for multiple caregivers on staff. This poses an immediate health and safety risk to clients in care. | 8
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14 | “Eligible-Clearance” must be documented for all caregivers prior to contact with clients in order to satisfy this requirement. The licensee will produce a typed acknowledgement of this requirement and email to Misael.Chavarin@dss.ca.gov by 10/25/2024. |
Type B
10/25/2024
Section Cited
1796.43 (a) | 1
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7 | Health and Safety Code § 1796.43 (a) Home care organizations that employ affiliated home care aides shall ensure the affiliated home care aides are cleared on the home care aide registry before placing the individual in direct contact with clients. Proof of clearance on the Home Care Aide Registry... | 1
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7 | The licensee acknowledges that proof of clearance and registration in the form of a screen capture from the Home Care Aide Registry Search site or a registration/exemption approval letter from the Department must be kept on file for all caregivers prior to contact with clients... |
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14 | was not obtained for several, previously employed caregivers who worked shifts with client(s). This poses an immediate health and safety risk to clients in care. | 8
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14 | The licensee will produce a typed acknowledgement of this requirement and email to Misael.Chavarin@dss.ca.gov by 10/25/2024. Additionally, all current caregivers without registration clearance must be immediately removed from shifts with clients until proof of clearance is provided to the Department. |