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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 435202806
Report Date: 01/16/2024
Date Signed: 01/16/2024 12:24:46 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CENTRAL COAST CR/RES, 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
08/28/2023 and conducted by Evaluator Christine Dolores
COMPLAINT CONTROL NUMBER: 26-AS-20230828135509
FACILITY NAME:MERRILL GARDENS AT GILROYFACILITY NUMBER:
435202806
ADMINISTRATOR:NELSON RODRIGUESFACILITY TYPE:
740
ADDRESS:7610 ISABELLA WAYTELEPHONE:
(206) 676-5300
CITY:GILROYSTATE: CAZIP CODE:
95020
CAPACITY:214CENSUS: 145DATE:
01/16/2024
UNANNOUNCEDTIME BEGAN:
10:40 AM
MET WITH:Kippie CastronovoTIME COMPLETED:
12:30 PM
ALLEGATION(S):
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Resident was found on the floor of apartment covered with ants
Resident was severely neglected resulting in injuries after sustaining a fall
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Christine Dolores arrived unannounced to deliver the finding for the above allegations. LPA met with Interim General Manager, Kippie Castronovo.

On 08/28/2023, the Department received a complaint alleging that a resident (R1) was severely neglected resulting in injuries after sustaining a fall and was found on their apartment floor covered with ants. On 08/30/2023, the initial complaint investigation was conducted.

The following documents were obtained to include resident (R1)’s medical records, physician’s report, service plan, progress notes, admission agreement, staff schedule from July 30, 2023 to September 2, 2023, and resident check-ins. PAGE 1 OF 3.
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Sarah YipTELEPHONE: (408) 324-2131
LICENSING EVALUATOR NAME: Christine DoloresTELEPHONE: (408) 334-8552
LICENSING EVALUATOR SIGNATURE:

DATE: 01/16/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/16/2024
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 5
Control Number 26-AS-20230828135509
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CENTRAL COAST CR/RES, 2580 N. FIRST STREET, STE. 350
SAN JOSE, CA 95131
FACILITY NAME: MERRILL GARDENS AT GILROY
FACILITY NUMBER: 435202806
VISIT DATE: 01/16/2024
NARRATIVE
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PAGE 2 OF 3.

On 08/08/2023, R1 was admitted to the hospital after a fall. The review of R1’s medical records noted that R1 was not safe to go back to the facility. R1’s active problems included impaired mobility and activities of daily living and muscle weakness. However, since R1 refused to go to a skilled nursing facility R1 was referred to Home Health. On 08/18/2023, the hospital case worker spoke with two staff at the facility and advised of the discharge and referral to home health.

On 08/19/2023, R1 was discharged back to the facility. Based on the facility's protocols, resident was placed under alert charting for return from hospital and staff were to monitor R1 for 72 hours. Based on staff interview, 6 out of 6 staff stated that R1 was independent. Staff was unaware that R1 was on a 72-hour check and stated that staff was not checking on R1 as they were supposed to. Based on record review, there is only documentation that staff noted R1’s condition on 08/19/2023 and 08/21/2023. There is no documentation that R1’s condition was monitored on 08/20/2023.

During staff interviews, it was also observed that R1 was not feeling well on 08/24/2023, however, there was no documentation of communication between staff nor of R1’s condition that day.

On 08/27/2023, at 0750 hours, staff found R1 on his/her bedroom floor with dried blood and injuries to his/her body including a golf size bump on his/her forehead. Staff called 911 and R1 was transported to the hospital where it was noted that R1 had a bump on his/her forehead with redness and discoloration on the right side of his/her right eye, skin tear on his/her right elbow and on his/her hands and knees.

Based on interview, R1 reported to be getting ready for bedtime, when R1 fell and hit his/her head on the night stand. R1 was on the floor and tried calling out for staff help, however, no one responded. R1 was not checked by the staff throughout that night and was found the morning of 08/27/2023 after calling out for help.

Based on staff interview, when R1 was found on the floor, R1 had ants on his/her body.
SUPERVISOR'S NAME: Sarah YipTELEPHONE: (408) 324-2131
LICENSING EVALUATOR NAME: Christine DoloresTELEPHONE: (408) 334-8552
LICENSING EVALUATOR SIGNATURE:

DATE: 01/16/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/16/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 26-AS-20230828135509
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CENTRAL COAST CR/RES, 2580 N. FIRST STREET, STE. 350
SAN JOSE, CA 95131
FACILITY NAME: MERRILL GARDENS AT GILROY
FACILITY NUMBER: 435202806
VISIT DATE: 01/16/2024
NARRATIVE
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PAGE 3 OF 3.

The review of records shows that R1’s service plan was updated on 08/20/2023. The updated service plan did not include any diagnosis and specific needs relating to R1’s condition after being discharged from the hospital on 08/19/2023. R1’s service plan also did not indicate the need for assistance in ambulation, despite R1’s hospital discharge paperwork stating that R1 had impaired mobility and activities of daily living (ADLs), and muscle weakness. R1 was noted to be a moderate fall risk, however, the facility did not implement any additional measures to ensure R1’s safety in the facility knowing R1 is a fall risk. There is also no documentation of any refusal of care.

According to R1’s residency and service agreement, the facility’s responsibility was to regularly observe the residents health status to identify social and health care needs and provide the residents with needed consultations regarding social and health related issues. In the agreement, it was also stated that “the resident’s rights shall not be limited in any way by us or team members, except where it may be necessary for the health and safety of the residents.”

Based on observation from the Department’s unannounced visits on 08/03/2023 and 11/09/2023, LPA Dolores observed ants on the floor of resident (R2)’s bedroom and ants along the walls of the Business Office Director’s office. Based on interview, the facility has ongoing issues with ants and currently has a contract with a pest control to eliminate the issue.

The Department has investigated the above allegations. Based on record review, interview and observation conducted the preponderance of evidence standard has been met. Therefore, the Department found the above allegations to be SUBSTANTIATED. Deficiencies are being cited. See LIC9099-D.

An immediate civil penalty of $500.00 is being assessed against the facility today for violation resulting in serious injury to a resident in care. An additional Civil Penalty for violation resulting in serious injury is pending review.

This report was reviewed with Kippie Castronovo and a copy of the report and appeal rights was provided.
SUPERVISOR'S NAME: Sarah YipTELEPHONE: (408) 324-2131
LICENSING EVALUATOR NAME: Christine DoloresTELEPHONE: (408) 334-8552
LICENSING EVALUATOR SIGNATURE:

DATE: 01/16/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/16/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 26-AS-20230828135509
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CENTRAL COAST CR/RES, 2580 N. FIRST STREET, STE. 350
SAN JOSE, CA 95131

FACILITY NAME: MERRILL GARDENS AT GILROY
FACILITY NUMBER: 435202806
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/16/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
01/17/2024
Section Cited
CCR
87466
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The licensee shall ensure that residents are regularly observed for changes in physical, mental, emotional and social functioning and that appropriate assistance is provided when such observation reveals unmet needs. When changes such as unusual weight gains or losses or deterioration of mental ability or a physical health condition are observed, the licensee shall ensure that such changes are documented and brought to the attention of the resident's physician and the resident's responsible person, if any. This requirement is not met as evidence by:
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Licensee will provide an in-service training for all staff to include the topic of observations and documenting resident's conditions and monitoring resident's for 72 hour checks. Licensee will submit the training documentation to LPA by POC due date of 01/17/2024.
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Based on interview, record review, and observation the licensee did not ensure resident (R1) was checked on regularly for 72 hours after being discharged back to the facility from the hospital. On 08/27/2023, resident was found on the floor with injuries to include a golf size bump on the forehead and skin discoloration on the eye, elbow, hands and knees. This poses/posed an immediate health, safety, and personal rights risk to persons in care.
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Licensee will also submit a plan to provide an all-staff training for the remainder of the staff who are not present today. Licensee will submit the plan to LPA by POC due date.
Request Denied
Type A
01/17/2024
Section Cited
CCR
87468.1(a)(2)
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(a) Residents in all residential care facilities for the elderly shall have all of the following personal rights: (2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment. This requirement is not met as evidence by:
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Licensee will provide an in-service training on topics to inlcude sanitation, cleanliness, and resident's health and safety. Licensee will submit the in-service training to LPA by POC due date of 01/17/2024.
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Based on interview, record review, and observation the licensee did not ensure resident (R1) was accorded a healthful and comfortable accommodation due to being found on the floor with ants on R1’s body which poses/posed an immediate health, safety, and personal rights risk to persons in care.
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Licensee will submit the facility's pest control contract to include any documentation on the ants issue. Licensee will submit the documentation to LPA by POC due date.
Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISOR'S NAME: Sarah YipTELEPHONE: (408) 324-2131
LICENSING EVALUATOR NAME: Christine DoloresTELEPHONE: (408) 334-8552
LICENSING EVALUATOR SIGNATURE:

DATE: 01/16/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/16/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 26-AS-20230828135509
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CENTRAL COAST CR/RES, 2580 N. FIRST STREET, STE. 350
SAN JOSE, CA 95131

FACILITY NAME: MERRILL GARDENS AT GILROY
FACILITY NUMBER: 435202806
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/16/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
01/17/2024
Section Cited
CCR
87463(a)(3)
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(a) The pre-admission appraisal shall be updated, in writing as frequently as necessary to note significant changes and to keep the appraisal accurate. The reappraisals shall document changes in the resident's physical, medical, mental, and social condition. Significant changes shall include but not be limited to: (3) Any illness, injury, trauma, or change in the health care needs of the resident that results in a circumstance or … This requirement is not met as evidenced by:
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Licensee will provide an in-service training with the facility's directors, team nurses, and care staff to go over re-appraisals when the resident returns to the community. Licensee will submit the in-service training to LPA by POC due date of 01/17/2024.
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Based on interview, record review, and observation the licensee did not ensure resident (R1)’s reappraisal was accurate and documented R1’s diagnosis and changes to the resident’s condition after returning to the facility from the hospital on 08/19/2023 which poses/posed an immediate health, safety, and personal rights risk to persons in care.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISOR'S NAME: Sarah YipTELEPHONE: (408) 324-2131
LICENSING EVALUATOR NAME: Christine DoloresTELEPHONE: (408) 334-8552
LICENSING EVALUATOR SIGNATURE:

DATE: 01/16/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/16/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 5