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Inspection visit

Follow-up on corrections

JOY SENIOR CENTERLicense 0192007345 citations on this visit
5 citations recorded

Inspector’s narrative

What the inspector wrote

Licensing Program Analyst (LPA) J. Clancy-Czuleger conducted this unannounced visit where Administrator Gupreet Matharu was called to address violations that were found during an investigation conducted by the Department. Gupreet authorized Rose Constastino, Caregiver,to sign off on the report as he was not able to come to the facility. As part of an investigation related to Complaint Control No. 15-AS-20221207141510, filed on 12/07/22, the Department's Audit Division conducted an Audit for this facility. The Auditor’s investigation revealed that S1 financially abused R1. On 10/7/2022, S1 took R1 to Bank of the West and closed R1’s old checking account and saving account. The remaining balance was transferred to a new checking and savings account. S1 used R1’s debit card to make unauthorized purchases. The auditor obtained R1’s bank statements from January 2021 to December 2022 detailing the unauthorized purchases by S1. The auditor determined that the total unauthorized purchases on the resident’s card is $31,727.10. In addition, Administrator did not have any Policies and Procedures in place to safeguard residents’ funds R1 who was only able to manage his cash resources with the help of the licensee. The licensee kept R1’s check books but did not secure R1’s debit card. S1 obtained R1’s debit card and used it for in store and online purchases, utility payment, and cash withdrawals. Continued on 809-C... ...Continued from 809 In an interview with the Auditor S2 stated R1’s monthly rent is $3,500 of which $3,087.70 is paid by the VA and R1 paid remaining balance for $412.30. S2 stated “I fill out the check for about $400. R1 signed the checks. R1 can’t write checks. His hands, he can’t brush his teeth. So, I wrote check amount, and he signed it.” Raised the rate without proper 60-day notice, on 12/1/2022, the licensee sent R1 a rate increase notice. The rate was increased to $4,000 per month effective on 1/1/2023. A licensee is required to provide no less than 60 days’ notice prior to an increase to the basic services rate. The licensee did not follow the rate increase requirement. Documents that were reviewed by the department show that licensee filed SOC 341 on 08/06/2018 which stated S1 tried to marry R1 and had taken $500 dollars from R1 using his debit card. On 8/7/2018, licensee gave S1 a warning notice and asked S1 to return R1’s debit card. The facility was not aware of the whereabout of the residents and R1’s outgoing and incoming log stated that R1 did not have activity 08/16/21, 09/13/21, 03/31/22, 10/07/22, when bank statements showing in branch withdrawals from R1 on those dates. Along with 11/14/22 when S1 took R1 to Santa Clara County to legally marry him. Deficiencies are cited per California Code of Regulations, Title 22, and begins on the next page. Failure to correct deficiencies may result in civil penalties. Exit interview conducted and a copy of this report and Appeal Rights provided.

Citations

6 citations recorded*CCLD

What does Type A vs Type B mean?

Type A. Serious citation. Imminent or substantial risk to children. The regulator requires corrective action immediately and may impose a civil penalty.

Type B. Lower-severity citation. Corrective action required, no imminent risk. The regulator monitors compliance on the next visit.

  • 87217(b)Type A

    Every facility shall take appropriate measures to safeguard residents' cash resources, personal property and valuables which have been entrusted to the licensee or facility staff… This requirement is not met as evidenced by: R1’s medical assessment dated 12/3/2022 stated R1 had dementia and was unable to manage his own cash resources. Administrator possessed R1’s debit card but did'nt keep any records of purchases made. Licensee failed to protect R1’s from financial abuse from S1.

  • 1569.312(d)Type A

    Every facility required to be licensed under this chapter shall provide at least the following basic services: (d) Being aware of the resident's general whereabouts, although the resident may travel independently in the community. This requirement is not met as evidenced by: The facility not having accurate logs of the resident’s ingoing and outgoing activities.

  • 1569.655(a)Type A

    If a licensee of a residential care facility for the elderly increases the rates of fees for residents or makes increases in any of its rate structures for services, the licensee shall provide no less than 60 days' prior written notice... This requirement is not met as evidenced by: The Licensee gave R1 a rate increase notice on 12/1/22 effective 1/1/23.

  • 87205(a)Type A

    The licensee, whether an individual or other entity, shall exercise general supervision over the affairs of the licensed facility and establish policies concerning its operation in conformance with these regulations and the welfare of the individuals it serves. This requirement is not met as evidenced by: Based on record review by the Department's Auditor, Licensee did not comply with the above regulation by having knowledge of the staffs intents back in 2018 and still allowed S1 to work with R1.

  • 87405(d)(3)Type A

    The administrator shall have the qualifications specified in Sections 87405(d)(1) through (7)... (3) Ability to maintain or supervise the maintenance of financial and other records.This requirement is not met as evidenced by: Based on record review and interviews by the Department's Auditor, Licensee did not comply with the above regulation by mishandling R1's finances which poses a personal rights issue to residents in care.

  • 87468.2(a)(8)Type A

    In addition to the rights listed in Section 87468.1, Personal Rights of Residents in All Facilities, residents in privately operated residential… or sexual abuse. This requirement is not met as evidenced by: S1’s actions of abusing R1’s cash resources. S1 used R1’s debit card to make personal purchases in the amount of $31,727.10.

FAQ · About this visit

Common questions about this visit

What happened during the August 21, 2023 inspection of JOY SENIOR CENTER?

This was a other inspection of JOY SENIOR CENTER on August 21, 2023. 5 citations were issued: 5 Type A (serious).

Were any citations issued to JOY SENIOR CENTER on August 21, 2023?

Yes, 5 citations were issued (5 Type A, 0 Type B). The first citation was for: "Every facility shall take appropriate measures to safeguard residents' cash resources, personal property and valuables w..."

What type of inspection was this?

This was a other inspection. other inspections are conducted by CCLD as part of their licensing oversight.

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Data from CCLD public records. Last updated . If you believe any information is inaccurate, report it here.