Complaint·February 20, 2024

This report supersedes the previous report issued on 02/20/2024 to change the findings. An appeal was granted and the citation 87303(a)(1) is dismissed. Regarding the allegation: Staff do not prevent resident from spitting on surfaces in common areas. It is being alleged that Resident #1 (R1) is spitting on the floors in the hallway, lobby and the dining room table, and facility staff are not doing anything to stop R1 from such behavior. During the tour, ten (10) residents and six (6) staff were interviewed. Nine (9) out of ten (10) residents confirmed that R1 does spit around the dining room table where they have breakfast, lunch and dinner. Moreover, R1 spits on napkins and tosses the napkins in the bowls where the residents are eating from. In addition, R1 spits inside the bowls if there is no napkins available. Furthermore, the residents also have seen R1 spit on the floor inside the lobby and outside lobby area. Interviews with six (6) out of six (6) staff members, also confirmed that R1 spit in the dining room area while eating. However, one (1) out of six (6) staff members informed LPA that when the facility staff members attempts to redirect and or communicate with R1, R1 behavior immediately changes and R1 starts screaming and speaking in their native language. The medical technician staff and the Memory Care Director confirmed that when they see R1 spitting they try to redirect R1 or give R1 a cup to spit in. Although the interview with the Executive Director revealed that R1 had been constantly reminded that they have an unacceptable behavior and it has to stop, R1 ignored and continued with this behavior due to language barrier. R1's facility file record review revealed that R1 is ambulatory and has no mental issues. Therefore, based on the LPA's interviews and record review the above allegation(s) above is Substantiated at this time. An exit interview was conducted, one citation was issued for the above allegation(s) on the LIC 9099-D, and a copy of this report was given to the executive director with the appeal rights. Be advised, the above is the original report and it was amended on 12/01/25, to dismiss original findings. The executive director has been advised of appeal being granted and changes of report.