complaint·March 8, 2023

LPA Camara had interviewed Resident 1 (R1) and staff regarding the allegation. Staff confirmed it had been at least a week that R1 had not been bathed. R1 refused to wear diapers and was in soiled sheets. R1 suffers from nerve pain and had only one caregiver they would allow to bathe them or assist with incontinence care or grooming. During the time, which was early to mid November 2021, R1's preferred caregiver was on vacation and R1 would aggressively refuse care from other caregivers. R1 explained to LPA that they preferred a particular caregiver over the others as that caregiver knew how to handle them in a way that did not cause R1's nerve pain to flair up. However, R1 stated they did not know their preferred caregiver was on vacation and had they known they would have settled on a different caregiver to provide bathing, cleaning and clothing changes. According to interviews with staff, residents are supposed to be bathed twice per week. R1 required assistance with bathing and changing. Therefore, based on these interviews the allegation is substantiated at this time. As previously noted, this same allegation for the same time period was already cited on a prior complaint. Regarding the allegation Resident unlawfully evicted while in care: LPA Walker conducted a file review and found a copy of an eviction letter which stated it was served on R1 on 1/7/2022 by facility administrator Lori McKay. The eviction notice did not contain all of the required information, therefore the eviction was unlawful. LPA Walker interviewed the ED who said they did not intend to kick R1 out of the facility but the eviction was served on R1 due to R1's refusal of care and refusal to follow the facility's house rules. R1 was known to be extremely disrespectful to staff by being verbally abusive and using profane language toward staff who were there to help R1. The ED stated R1 wanted to leave the facility and was working with outside agencies to find a facility which could offer a higher level of care to R1. R1 eventually moved out but was never evicted from the facility. While R1 was never technically evicted from the facility the eviction notice dated 1/7/2022 was served on R1 and lacked the required information, therefore the allegation is deemed substantiated at this time. Pursuant to the California Code of Regulations, Title 22, Division 6, Chapter 6, the deficiencies listed on 9099-D were confirmed and cited.