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32 | During LPAs visit, LPA met with ADM Jean Jose and Licensee, Gano Fici. While conducting inspection with ADM, R1 asked ADM why he/she couldn’t go back to his/her bedroom wherein it was locked. ADM stated that the bedroom (garage converted into an office) has inverted doorknob. ADM stated that when LPA arrived at the facility, it was open. LPA asked to ADM and L1 to unlocked doorknob wherein both stated they did not have the key. Subsequently, L1 unlocked the door. LPA ask the ADM to unlocked the door. L1 stated his/her spouse has the key, L2. L2 was not in the facility.
Licensee was aware that the converted garage has been denied as a living quarter for staff or any individuals and can only be used as an office space by the Milpitas Fire Department. On April 2, 2013 the facility was cited for over capacity. On February 16, 2016 Licensee was informed that the garage could only be used an office and not a living space for residents or staff. In addition, during a Non-Compliance Conference Meeting on 12/2/2015 wherein the garage cannot be used as a living space. Licensee and Administrator must submit a plan of action to relocate R1 and R2 by end of business, 12/15/23.
LPAs interviewed ADM Jose Jean and staff (S1) who admitted that residents (R1 and R2) are sleeping in the office (converted garage) on 12/5/2023. During LPAs interview with Mr. Fici (licensee). Mr. Fici was asked if he admitted 2 residents beyond the allowed licensed capacity. Mr. Fici stated that there were no residents occupying the converted garage rather it is a storage for unused beds. LPAs inspected the converted garage wherein R1 and R2’s beds and personal belongings for R1 and R2, confirmed by ADM.
Prior to 4:52 PM, LPA Chang called Licensing Program Manager (LPM) Manzano to consult about over capacity. LPM requested to speak with the ADM. While LPM was on the phone with ADM Jean Jose about the over capacity, during the phone conversation, LPM overheard Mr. Fici stating, “tell we have 6.” ADM stated Mr. Fici said, ‘we have 6.’ Subsequently, ADM told the truth to LPA and LPM that on 12/5, Mr. Fici, has admitted new two elderly residents (R1 and R2) in the converted garage.
During interview with ADM and S1, LPAs also found out that ADM and S1 are sleeping in the couch and at the back of the house near the laundry area, based on their admissions. The facility does not have staff bedroom, therefore, the facility must have a awake night staff. On 2/16/2016, The facility licensee and ADM stated the noc shift staff are not allowed to sleep. LPA may issue more citations if more deficiencies were found.
Continue on LIC809-C. Page 2 of 3. |