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32 | When the findings were delivered on February 24, 2022, an immediate civil penalty of $500 was issued and the licensee was informed that an additional civil penalty was still being determined and might be assessed based on Health and Safety Code §1569.49.
The Department has determined that a civil penalty is warranted for serious bodily injury. Per Welfare and Institutions Code §15610.67 defines serious bodily injury as "an injury involving extreme physical pain, substantial risk of death, or protracted loss or impairment of a function of a bodily member, organ, or of mental faculty, or requiring medical intervention, including but not limited to, hospitalization, surgery, or physical rehabilitation." This is evidenced by medical record review and interviews; it was determined that the facility failed to provide proper care and supervision and delayed seeking medical attention for R1 resulting in serious bodily injury and hospitalization for hematoma from a fall.
Today, 10/26/2023 the Department will be issuing a civil penalty per Health and Safety Code §1569.49 for a violation that the Department constitutes as serious bodily injury in the amount of $10,000. However, since an immediate civil penalty of $500 was previously issued on February 24, 2022, the amount of the civil penalty issued today will be $9,500.
A copy of the LIC 421D was given to (facility representative) and originals were signed.
Exit interview conducted. A copy of the report issued. Appeal Rights provided, Administrator, Agustin Samaniego signature on this report acknowledges receipt of these rights, found on page 2 of LIC 421D.
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