complaint·October 24, 2022

Investigations revealed: Allegation: Facility staff not wearing face covering while providing direct care to residents. It is alleged that facility staff are not wearing a mask with a good fit while providing care to residents. Reporting Party stated “On 10/18/2022, 3/1/2022 and 12/1/2021, during an unannounced facility visit, facility caregivers were observed not wearing appropriate PPE when interacting with residents and providing direct care. Based on record reviews, PIN 22-28-ASC indicates that Adult and Senior Care Facilities follow the California Department of Public Health (CDPH) Masking Guidance dated September 20, 2022 which states “Masks are required for all individuals regardless of vaccination status in Adult and Senior Care Facilities”. Based on the department’s interview with the Administrator (S1), S1 had observed both full time caregivers (S2 and S3) who provide direct care to residents not wearing a mask while around with residents inside the facility. S1 stated S2 and S3 have been informed to wear a mask but they continued to refuse. Interview with S2 revealed sometimes S2 does not wear a mask while in the facility because S2 is not comfortable wearing a mask and she feels like having an allergy on her scalp. However, S2 admitted that she has no medical concerns in wearing a mask. S3 revealed during an interview that S3 sometimes forgets to wear a mask while working in the facility. Interview with a resident (R1) revealed staff were not wearing mask when she was just admitted but they have been wearing a mask recently. R2 refused to respond to LPA's questionnaire due to her medical condition while a witness (W1) thinks staff wear a mask in the facility. During LPA Montoya’s unannounced visit on 10/24/2022, LPA observed S2 and S3 not wearing a mask while working in the facility. Based on observation, interviews and record reviews, there is sufficient evidence to corroborate the above allegation. Based on LPA's investigation, the preponderance of evidence standard has been met, therefore the above allegation is found to be Substantiated. California Code of Regulations, Title 22, Division 6 and Chapter 8 are being cited on the attached LIC 9099D. Exit interview was conducted and Appeal Rights was discussed with Administrator Antonia Dionisio. A hard copy of the report and Appeal Rights were provided.