complaint·September 27, 2024

Staff indicated the alleged abuse happened on first week of May 2023; however, licensee submitted the UIR on 5/23/23 with incident date 5/06/23. Police report showed the alleged abuse was reported by third party not by the licensee and there’s no evidence that the licensee reported the alleged abuse to law enforcement. R1 sustained bruises which were observed by R1’s family member (FM2) and witness (SS) on May 1 , 2023. W1 also confirmed observing the bruises which resulted from R1’s falling when being assisted in the bathroom. FM2 stated S2 informed him of the fall incident but S2 did not inform him of the bruises on R1’s chest area and shoulder. FM1 indicated he was informed by the facility staff about the fall incident which the Department confirmed with S2. Review of records and UIRs didn’t show the fall incident was reported to Community Care Licensing. Based on information gathered, the preponderance of evidence has been met, therefore, the allegation is substantiated. Deficiency is cited from Title 22 California Code of Regulations and listed on 9099D. Failure to submit proof of correction by plan of correction due date and any repeat violation within 12-month period may result in civil penalty. Deficiency and plan and proof of correction were discussed with licensee over the phone in the presence of ADM. Exit interview conducted. Appeal Rights, LIC9098 Proof of Correction form and copy of this report provided. The Department interviewed staff members and licensee on 6/05/23 and 621/23, residents (R1, R2, R3 and R4) on 6/05/23, and R1’s family members (FM1, FM2) and friend (W1) on 5/31/23 and 6/02/23. Although R1’s statement about S1 touching R1’s breast was consistent, details pertaining to when the touching occurred, frequency and statements made were inconsistent. S1 never provided 1:1 care to R1 and only assisted when another caregiver requested S1’s help in lifting and transferring R1, and S1 was never left alone with R1. It was reported that the incident occurred on or around 5/6/23, and S1 was not scheduled to work at the facility that day, but S1 does reside in the facility. Because of R1’s diagnosis of Multiple Sclerosis (MS), staff used a “bear hug” technique to lift R1 from the front to prevent them from losing balance and falling over if done from behind. R1’s family member (FM1) and staff stated R1 was a heavyset woman with large breasts. It was possible that whoever transfers R1 could inadvertently touch R1’s breast. FM2 stated when he visited R1 at the facility, R1 reported to him the alleged abuse which took place on May 6, 2023. W1 stated R1 told W1 that when R1 was in bed, S1 entered R1’s room and placed his hand on R1’s right breast and squeezed it. S1 adamantly denied touching R1 inappropriately. Other female residents (R2, R3 and R4) were interviewed, and they denied S1 helped them and denied S1 touching them. None of the staff or other residents witnessed inappropriate touching of R1. Based on information obtained, there is not a preponderance of evidence to prove that the alleged violation occurred or did not occur, therefore, the allegation is unsubstantiated. No deficiency cited. Exit interview conducted and copy of this report provided.