complaint·October 18, 2023

Title 22 Regulations, Report Requirements state: A written report shall be submitted to the licensing agency and to the person responsible for the resident within seven days of the occurrence of any of the events specified in (A) through (D) below. This report shall include the resident's name, age, sex and date of admission; date and nature of event; attending physician's name, findings, and treatment, if any; and disposition of the case. The facility produced documentation they spoke to the responsible party. There was another person related to the resident who requested the written report and wanted the same incident report that was submitted to Community Care Licensing Division. Title 22 Regulations state the information is to be released to the responsible party only and not a third party. There was no written consent produced from the responsible party to allow the third party to receive the information. Also, Title 22 Regulations does not state the incident report submitted to Community Care Licensing Division shall match the one released to the responsible party. LPA discussed with Executive Director Brenda Reitz, and Tara Killinger, Vice President of Operations about reporting requirements and what may or may not be released. Because LPA cannot prove or disprove what is required to be reported to responsible parties and what was discussed for this incident, the allegation is unsubstantiated. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove that the alleged violations occurred, and the findings are UNSUBSTANTIATED. An exit interview was conducted. A copy of the report was provided to facility executive director Brenda Reitz. The fall in question occurred in May 2023. The caregiver went to check on the resident in the morning and the resident did not want to get up. Per the facility report, about an hour later a housekeeper heard the resident yelling for help and that is the fall that resulted in the injury. The written care of plan did not indicate how frequently the resident needed to be checked on and there were no fall prevention interventions specific to the resident in question. As a result of this investigation, the Department finds the allegation above to be Substantiated. A finding that the complaint is Substantiated means that the allegations are valid because the preponderance of the evidence standard has been met. Deficiencies cited on the LIC 9099-D, per Title 22 Regulations. At the time of the complaint visit, an immediate civil penalty of $500 shall be assessed for a violation of California Code of Regulations Section 87463(a) . The licensee was informed that a civil penalty was under review and may be assessed at a future date according to Health and Safety Code 1569.49. Exit interview conducted. A copy of the report has been issued. Appeal Rights provided. Brenda Reitz signature on this report acknowledges receipt of the Appeal Rights