435202775-12-12-2022-26-AS-KHOS-CMKQ7L-20221229105519

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 435202775
Report Date: 12/12/2022
Date Signed: 12/12/2022 04:25:43 PM

Unfounded

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2580 N. FIRST STREET, STE. 350
SAN JOSE, CA 95131

This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/30/2021 and conducted by Evaluator Chihhsien Chang

COMPLAINT CONTROL NUMBER: 26-AS-20211130083450

FACILITY NAME:	ATRIA ALMADEN		FACILITY NUMBER:	435202775
ADMINISTRATOR:	WESLEY WHITTEMORE		FACILITY TYPE:	740
ADDRESS:	4610 ALMADEN EXPRESSWAY		TELEPHONE:	(669) 258-4567
CITY:	SAN JOSE	STATE: CA	ZIP CODE:	95118
CAPACITY:	240	CENSUS: 122	DATE:	12/12/2022
		UNANNOUNCED	TIME BEGAN:	10:55 AM
MET WITH:	Hunter Obrero		TIME COMPLETED:	12:00 PM

ALLEGATION(S):

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Public restrooms not accessible to residents.
Insufficient lighting in hallways.
Resident apartment door not properly fitted to opening.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Steve Chang conducted an unannounced complaint investigation visit to deliver investigation findings. LPA met with Administrator (ADM) Hunter Obrero. .

On 11/30/2021, the Department received a complaint regarding the above allegations. An initial investigation visit was conducted on 12/07/2021, LPA toured the facility and interviewed two staff and one resident.

Continued, see LIC 9099-C, page 1 of 3.

Unfounded

Estimated Days of Completion:

SUPERVISOR'S NAME: Romeo Manzano	TELEPHONE: (408) 324-2112
LICENSING EVALUATOR NAME: Chihhsien Chang	TELEPHONE: (408) 904-9843
LICENSING EVALUATOR SIGNATURE:	DATE: 12/12/2022

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/12/2022

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 3

Control Number 26-AS-20211130083450

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2580 N. FIRST STREET, STE. 350
SAN JOSE, CA 95131

FACILITY NAME: ATRIA ALMADEN	FACILITY NUMBER: 435202775
	VISIT DATE: 12/12/2022

NARRATIVE

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Public restrooms not accessible to residents:
On 12/07/2021, LPA toured and inspected the first floor public restrooms. The facility's restrooms for residents or visitors were accessible. During inspection/investigation, LPA observed the restroom doors were too heavy and/or hard to push by a non-ambulatory elder residents to access or open. Reporting party states that the public restrooms are not and should be compliance with AD (American with Disabilities ACT).

On 12/07/2021, LPA interviewed Assistant Executive Director (AED) who confirmed awareness of reporting party's concern on the first floor public restroom. On 6/9/2022, LPA received a notice that the facility AED notifying the Department that they had started the construction for the first floor restrooms to be ADA approved. On 9/16/2022, LPA interviewed Community Business Director Shay Arias (SA). SA stated the construction was completed at end of June 2022.

On 12/12/2022, LPA toured and inspected the first floor public restrooms with ADM. The first floor public restrooms were observed ADA supported compliance restrooms.

Based on the observation, inspection and interviews conducted, the public restrooms located at the first floor were accessible by ambulatory residents, yet not ADA requirement. Based on review of Title 22, Division 6, Chapter 8, there are no ADA requirement for public restrooms in a RCFE. After end of June 2022, the facility provides the public restrooms on the first floor with ADA support.

Insufficient lighting in hallways:
On 12/07/2021, LPA inspected the facility hallway lightings of the 1st, 2nd and 3rd floors. The hallway lightings were motion detectors. During LPA's inspection, the motion detectors in the hallways were automatically activated. The facility hallways had sufficient lighting even with or without motion detectors being activated. On 12/12/2022, LPA toured and inspected with ADM, LPA observed when the hallway lights turned dim, the emergency light were on in the hallway.

Based on the investigation, observation, and interviews conducted, when motion was detected, the facility hallway lights turned on. The facility hallways had sufficient lighting when the hallway lihjts turned on.

Continued, see LIC 9099-C, page 2 of 3.

SUPERVISOR'S NAME: Romeo Manzano	TELEPHONE: (408) 324-2112
LICENSING EVALUATOR NAME: Chihhsien Chang	TELEPHONE: (408) 904-9843
LICENSING EVALUATOR SIGNATURE:	DATE: 12/12/2022

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/12/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 26-AS-20211130083450

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2580 N. FIRST STREET, STE. 350
SAN JOSE, CA 95131

FACILITY NAME: ATRIA ALMADEN	FACILITY NUMBER: 435202775
	VISIT DATE: 12/12/2022

NARRATIVE

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Resident apartment door not properly fitted to opening:

On 12/07/2022, LPA inspected R1's apartment door. LPA found R1's apartment door was properly fitted to open but it was difficult for a non-ambulatory resident with an assisted device such as a walker.

During an interview with Assisted Executive Director (AED), AED stated there was a threshold bar on the floor under the door to stop the air flowing which was hard for resident who used the walker to open the door. AED stated the facility removed the threshold bar and attached the strip on the door which is easier for resident who uses walker to open the door.

Based on inspections and interviews conducted, the resident apartment door was properly fitted to open thought it can be hard for a resident who utilizes a walker to open or pass through due to athreshold underneath the door to prevent air flow which was subsequently removed.

The Department has investigated the above allegations. Based on the investigation, observation, and interviews conducted, the Department found that the above allegations are UNFOUNDED, meaning that the allegation is false, could not have happened and/or is without a reasonable basis.

No citations noted at today’s complaint investigation visit. Exit interview was conducted with ADM. A copy of this report was provided to ADM.

SUPERVISOR'S NAME: Romeo Manzano	TELEPHONE: (408) 324-2112
LICENSING EVALUATOR NAME: Chihhsien Chang	TELEPHONE: (408) 904-9843
LICENSING EVALUATOR SIGNATURE:	DATE: 12/12/2022

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/12/2022

LIC9099 (FAS) - (06/04)

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