565801979-12-15-2022-29-AS-JAPL-CMJU3B-20221228141316

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 565801979
Report Date: 09/26/2022
Date Signed: 12/15/2022 12:36:04 PM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364

This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/20/2022 and conducted by Evaluator Angel Ascencio

COMPLAINT CONTROL NUMBER: 29-AS-20220520085142

FACILITY NAME:	WELLNESS CARE SENIOR LIVING		FACILITY NUMBER:	565801979
ADMINISTRATOR:	MARIA HERNANDEZ		FACILITY TYPE:	740
ADDRESS:	158 ROCKAWAY ROAD		TELEPHONE:	(805) 649-5143
CITY:	OAK VIEW	STATE: CA	ZIP CODE:	93022
CAPACITY:	56	CENSUS: 24	DATE:	09/26/2022
		UNANNOUNCED	TIME BEGAN:	10:24 AM
MET WITH:	Maria Hernandez		TIME COMPLETED:	01:25 PM

ALLEGATION(S):

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Facility not providing resident's records to reponsible party.

INVESTIGATION FINDINGS:

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This is an amended report for the report issued on 9/26/22. Licensing Program Analyst (LPA) Angel Ascencio conducted a subsequent complaint visit to deliver the amended report findings. The LPA met with Administrator Maria Hernandez at 10:24 a.m. and an entrance interview was conducted. At 10:30 a.m., a facility physical plant tour of the inside and outside areas was conducted with the Administrator.

The Woodland Hills North Adult and Senior Care Regional Office (RO) received a complaint on 05/20/2022 alleging that the facility is not providing resident’s records to a responsible party. On 05/24/2022, LPA Ascencio interviewed Staff #1 (S1) at approximately 1:12 p.m. During S1’s interview, it was revealed that on 03/08/2022, Wellness Care Senior Living received a letter from Resident #1’s (R1) family member requesting documents. S1 took a picture of the letter and sent it to the former administrator to inform them of the letter. LPA Ascencio received a copy of the screenshot of S1 relaying the information to the administrator at 1:21 p.m.
Continued on LIC 9099-C

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Kristin Heffernan	TELEPHONE: (818) 596-4493
LICENSING EVALUATOR NAME: Angel Ascencio	TELEPHONE: 747-230-3888
LICENSING EVALUATOR SIGNATURE:	DATE: 09/26/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/26/2022

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 29-AS-20220520085142

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364

FACILITY NAME: WELLNESS CARE SENIOR LIVING	FACILITY NUMBER: 565801979
	VISIT DATE: 09/26/2022

NARRATIVE

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S1 added, “after that I do not know what came about that letter”. S1 continued, “the administrator also mentioned that we cannot release any information to R1’s family members as R1 is conserved”. The former administrator left the facility a couple weeks thereafter, in April 2022.

S1 stated that anyone who is requesting any document regarding R1 would need to go through the Conservator. S1 also said that they are unaware if that information was communicated to R1’s family
member. LPA Ascencio obtained a copy of R1’s court documentation certifying that a conservatorship was appointed to the conservator on 02/02/2017, over the person and estate of R1. Other powers have been granted or conditions imposed as follows: Exclusive authority to give consent for and to require the conservatee to receive medical treatment that the conservator in good faith based on medical advice determined to be necessary even if the conservatee objects, subject to the limitations in Probate Code section 2356. Authority to authorize the administration of medications appropriate for the care and treatment of dementia described in Probate Code Section 2356.5(c). Powers to be exercised independently under Probate Code section 2590 are specified in Attachment 3d (specify powers, restrictions, conditions, and limitations).

LPA Ascencio conducted an interviewed with R1’s family member on 05/24/2022 at approximately 1:05 p.m. During the interview, R1’s family member stated they have been trying to get all documentation from the hospital, hospice company and the assisted living facility but have not been successful. R1’s family member was R1’s Power of Attorney (POA) a long time ago, but it changed to this Conservatorship. R1's family member added that R1 passed away in November 2021, so the Conservatorship should have ended. “I am the rightful heir, and I am requesting documents to be released”, stated R1's family member. Later that same day, LPA Ascencio interviewed R1’s Case Worker at approximately 2:00 p.m. During the interview, it was revealed that the releasing of any documents, especially when someone is conserved, must go through the conservator. The Case Worker stated, “Even if documents do get released, we follow The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and redact information. If R1’s family members want any documents, they will need to call the firm, and talk to the Conservator”.

On 05/25/2022, LPA Ascencio interviewed R1’s Conservator starting at approximately 4:27 p.m.
During the interview, it was revealed that R1 is still conserved even after passing in
November 2021.

Continued on LIC 9099 - C

SUPERVISOR'S NAME: Kristin Heffernan	TELEPHONE: (818) 596-4493
LICENSING EVALUATOR NAME: Angel Ascencio	TELEPHONE: 747-230-3888
LICENSING EVALUATOR SIGNATURE:	DATE: 09/26/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/26/2022

LIC9099 (FAS) - (06/04)

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Control Number 29-AS-20220520085142

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364

FACILITY NAME: WELLNESS CARE SENIOR LIVING	FACILITY NUMBER: 565801979
	VISIT DATE: 09/26/2022

NARRATIVE

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The conservator indicated that normally, when a person passes, the Conservatorship ends. In this case, there are still assets which grants the conservatorship to stay in place. They further noted that there is going to be a court hearing on 06/07/2022, which they believe at that time the case will be closed. In addition, it was stated that even when it closes, due to the nature of the case, any documentation requested will not be able to be released. If anyone wants any documentation, they can subpoena or obtain a court order. Either way, it will still need to go through the Conservator in the present and in the future. When R1’s family member requested documents from the facility in March 2022, the conservatorship was still in place. The conservator also stated, “the facility called me, and I said no, they can request those documents from me”.

Premised upon the Department’s investigation and analysis of the facts, and the complaint at issue, it is determined that these are beyond the statutory authority granted the Department, pursuant to operative statues and regulations. Currently, the requesting party is not authorized to receive or request the materials at issue and is seeking to utilize such an investigation to influence matters beyond the Department’s jurisdiction. Therefore, the Department lacks the lawful authority to disgorge these documents absent a Superior Court Order to the contrary.

Rather, these issues are within the exclusive jurisdiction of the Superior Court to adjudicate. Upon such a resolution and issuance of an attendant order from the Superior Court expressly granting the requesting party to lawful standing and authority to request and receive the documents at issue; the Department will not conduct any further investigation regarding this matter, nor will any documents subject to privilege be disgorged.

Based on evidence gathered throughout the investigation, the allegation Facility not providing resident’s records to responsible party is deemed unsubstantiated at this time.

Exit interview conducted and copy of report provided to admin via email.

SUPERVISOR'S NAME: Kristin Heffernan	TELEPHONE: (818) 596-4493
LICENSING EVALUATOR NAME: Angel Ascencio	TELEPHONE: 747-230-3888
LICENSING EVALUATOR SIGNATURE:	DATE: 09/26/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/26/2022

LIC9099 (FAS) - (06/04)

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