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25 | Licensing Program Analyst (LPA) Jill Nakagawa arrived on February 4, 2025 for an unannounced Case Management visit to follow up on substantiated complaint allegations: complaint number 21-AS-20230724142905. LPA met with Miriam Faris, Administrator and explained the purpose of the visit.
On January 9, 2024, the Department concluded an investigation which alleged that Neglect/Lack of Care and Supervision resulting in severe injury and Facility in disrepair.
The allegations were substantiated, and the licensee was cited for violating Health and Safety Code (H&S) §1569.269(a)(6) Enumerated rights; and California Code of Regulations (CCR) Title 22 §87303(a) Maintenance and Operation.
At the time of the complaint visit on January 9, 2024, an immediate civil penalty for Health and Safety Code §1569.269(a)(b) of $500 was issued. The licensee was informed that an additional civil penalty was 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. The 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 the facilities lack of supervision on February 17, 2023, when a resident (R1) who was identified as a fall risk and required additional supervision, was able to exit the patio door, go outside unsupervised and fall.
Continued on 809-C
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