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32 | Continued from LIC809C
Based on observation, interviews, and record reviews the licensee did not seek timely medical attention which resulted in R1 sustaining pain and suffering that required hospitalization which is a serious bodily injury. The licensee also did not notify authorized representative, R1s conservator, of an incident regarding a resident.
At the time of the complaint visit, on September 18, 2020, 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 concluded an analysis and 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 or protracted loss or impairment of function of a bodily member, organ, or of mental faculty, or requiring medical intervention, including, but not limited to, hospitalization, surgery, or physical rehabilitation.”
Today, November 30, 2021, 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 issued on September 18, 2020, the amount of the civil penalty today will be $9,500.
A copy of the LIC 421D was given to Cynthia Morris, Operations Support and originals were signed.
Exit interview conducted. Appeal Rights provided. A copy of the report issued. Cynthia Morris, Operations Support signature on this report acknowledges receipt of these rights, found on page 2 of LIC 421D. |