complaint·May 14, 2024

On 04/09/24, Licensing Program Analyst (LPA) Sanjay Vaid and Tyler Reyes conducted a subsequent complaint visit regarding the allegation listed above to deliver complaint investigation findings. LPA Vaid and Reyes met with licensee-Toby Miclat and administrator- Lea Loaiza and discussed the purpose of the visit, which was to deliver complaint investigation findings. On 04/13/2023, LPA Kruz Long, conducted the initial visit, during visit, LPA Long took a photo of the Staff/Resident rosters, attempted to obtain a copy of R#2's records (Physician's Report, Appraisal Needs and Services Plan). LPA interviewed Staff #1, #2 #3 and interviewed Resident #1 (R#1). Resident #2 (R#2) was not present in the facility. Regarding allegation: Facility failed to provide a safe environment for a resident in care. It is alleged, that staff are not providing a safe environment for residents, as a resident was assaulted in the facility. Interviews with 6 out of 6 residents revealed, residents residing at the facility feel safe and secure, and residents have not witnessed any assaultive behavior from other residents or staff. During the investigation, Resident #1 (R1) and Resident #2 (R2) were not interviewed, as R1 & R2 are deceased. Interviews with 5 out of 5 staff revealed, the staff treats residents with respect and kindness. Staff reported the only incident witnessed by staff regarding assaultive behavior occurred on 03/28/23 between R1 and R2. Staff separated the residents and reported no visible injuries were noted. Therefore the investigation revealed, on 03/28/2023, R1 was assaulted by R2, and R1 did not sustain any injury. Staff who were present during the incident, separated R1 and R2, and staff performed assessed R1 for injury. Therefore, the investigation did not reveal any evidence to support that staff are not providing a safe environment for residents in care. Based upon records review and interviews conducted, the findings indicate that, although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are unsubstantiated. Exit interview conducted with Staff in Charge - Caregiver Joanne Hernandez. A copy of the licensing report was provided at time of visit.