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Inspection visit

complaint

GARDENS AT PARK BALBOA, THELicense 1976024341 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

to the facility on 10/6/23. Attached to the complaint received, was a fax confirmation that the 8 page fax was successfully sent to the facility at 1:24pm with a connection time of 8.22 minutes. Per complainant, as of the filing date of this complaint, the legal representatives of Resident #1 have not been provided with the requested documents or have not been contacted by the facility to make arrangements to allow for the copying of the requested documents within the required time frame that is not to exceed 2 business days. Per interviews conducted, with Katia Arriaga, Business Manager, the facility received a four page fax from the legal firm hired by the family to represent Resident #1 on 10/6/23. The four pages consisted of the fax cover, a blank page, a one page Declaration that the son was the beneficiary to Resident #1's estate and a copy of an illegible death certificate. The fax did not include a copy of the letter requesting Resident #1's file. The fax was given to the Administrator. Per review of the fax received, the fax cover indicates that the fax consisted of a 8 pages, which includes the fax cover. There is also a note on the fax cover that advises the recipient that if you do not receive the number of pages stated above or if re-transmission is necessary, to please contact the firm at the telephone numbers provided on the letterhead. No telephone call was made to obtain the missing pages not received on 10/6/23. Per the Administrator, contact with the legal representatives was not made until 10/12/23 to request a legible copy of the death certificate and he was advised that the death certificate would still be dark and illegible. The documents were requested to be emailed and was not received until 10/13/23. The documents were then forwarded to the corporate office for handling by the facility's attorney since the documents were related to a pending lawsuit against the facility. Per interview with the facility CEO, the request was not received until 10/13/23 and they are in the process of providing the documents. They did not refuse to provide the documents. LPA Yee and Katia advised the CEO that the request was originally faxed over on 10/6/23 and they had 2 days to make Resident #1's file available for copying. As of this visit, Resident #1's file has not been provided or made available to the legal representatives. Based on the information received from interviews conducted on today's visit, the above allegation is substantiated. Deficiency cited under California Code of Regulations, Title 22, Division 6, Chapter 8 Exit interview was conducted with Katia Arriaga, Appeals Rights discussed and a copy was given.

Citations

1 citation 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.

  • 87468.2(a)(19)Type B

    Additional Personal Rights of Residents in Privately Operated Facilities: In addition to the rights listed in Section 87468.1, Personal Rights of Residents in All Facilities, residents in privately operated residential care facilities for the elderly shall have all of the following personal rights: (19)To have prompt access to review all of their records and to purchase photocopies of their records. Photocopied records shall be provided within two (2) business days and at a cost that does not exceed the community standard for photocopies. Facility failed to provide timely access to Resident #1's files

FAQ · About this visit

Common questions about this visit

What happened during the October 16, 2023 inspection of GARDENS AT PARK BALBOA, THE?

This was a complaint inspection of GARDENS AT PARK BALBOA, THE on October 16, 2023. 1 citation were issued: 1 Type B.

Were any citations issued to GARDENS AT PARK BALBOA, THE on October 16, 2023?

Yes, 1 citation was issued (0 Type A, 1 Type B). The first citation was for: "Additional Personal Rights of Residents in Privately Operated Facilities: In addition to the rights listed in Section 87..."

What type of inspection was this?

This was a complaint inspection. Complaint inspections are triggered when someone reports a concern about the facility to CCLD.

SourceView on CCLDView original report

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