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Inspection visit

complaint

HOVLEY CARE LLCLicense 3364255662 citations on this visit
2 citations recorded

Inspector’s narrative

What the inspector wrote

The Administrator stated that they had a meeting with the landlord the previous day and is working on getting items fixed or replaced, including the garbage disposal. Based on observations and interviews, the allegation "Facility is in disrepair" is SUBSTANTIATED. Regarding allegation "Fire detectors are in disrepair": LPA Colvin toured the facility and tested all smoke detectors in common areas and resident bedrooms. LPA Colvin observed that all smoke detectors tested were operational except for the smoke detector in the hallway separating the two resident bedrooms on the right-hand side of the facility. When LPA Colvin tested this smoke detector, LPA Colvin hear a quiet beep, but did not observe the expected loud noise which would alert occupants to a potential fire. LPA Colvin spoke on the phone with the Administrator, who confirmed that they had heard the same small beep the previous day when they tested the alarms, as some of the smoke alarms had just been replaced. Additionally, whiel LPA Colvin was typing this report, LPA Colvin could hear the occasional beeping that LPA Colvin identified as coming from the direction of the non-operable smoke detector. This beeping is commonly observed when a smoke detector has low batteries. Therefore, based on observations and interviews, the allegation "Fire detectors are in disrepair" is SUBSTANTIATED. A finding that the complaint is SUBSTANTIATED means that the allegation(s) is valid because the preponderance of the evidence standard has been met. Fire clearance and fire safety deficiencies are categorized in Title 22 Regulations and Health and Safety Code as immediate hazards which result in an immediate civil penalty in the amount of $500. Therefore, based on the inoperable smoke detector, LPA Colvin is citing a one time $500 civil penalty. An exit interview was conducted where this report and appeal rights were discussed. A copy of this report, LIC9099D, LIC401IM, and appeal rights was provided to caregiver Carmita Smith during the exit interview. All reports additionally will be emailed to the Administrator as well. Regarding allegation " Facility does not have a carbon monoxide detector": LPA Colvin toured the facility and did not observe any individual carbon monoxide detectors in the facility. LPA Colvin interviewed the Administrator who informed LPA Colvin that the newly purchased/installed smoke detectors have carbon monoxide detectors in them as well. LPA Colvin confirmed seeing the new smoke alarms, and LPA Colvin has the knowledge from inspecting facilities that the new smoke detectors come with carbon monoxide detectors incorporated in them. Therefore, based on observations and interviews, the allegation " Facility does not have a carbon monoxide detector" is UNFOUNDED. his agency has investigated the complaint alleging facility premises are not properly secured and facility does not have a carbon monoxide detector. We have found that the complaint was UNFOUNDED, meaning that the allegation was false, could not have happened and/or is without a reasonable basis. We have therefore dismissed the complaint. An exit interview was conducted where this report was discussed. A copy of all reports and forms were provided to caregiver Carmita Smith during the exit interview. All reports additionally will be emailed to the Administrator as well.

Citations

4 citations 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.

  • 1569.72(a)(2)Type A

    Residents requiring skilled nursing or intermediate care; bedridden residents: (a) ...no resident shall be admitted or retained in a residential care facility for the elderly if any of the following apply: (2) The resident is bedridden...This requirement was not met as evidenced by: Based on record review, the Licensee did not comply with the above regulation with 1 of 4 residents (R1). LPA Colvin observed in R1's Phsycian's Report dated 2/25/21 that R1 is bedridden. The facility is licensed and has fire clearance for non-ambulatory only. This is an immediate safety risk for R1.

  • 87412(g)Type B

    Personnel Records: (g) All personnel records shall be maintained at the facility and shall be available to the licensing agency for review. This requirement was not met as evidenced by: Based on observations and interviews, the Licensee did not comply with the above regulation with all staff files. LPA Colvin was unable to review staff files as they were not on site and not provided to LPA Colvin during the inspection. This is a potential safety and personal rights violation to all residents.

  • 1569.49(c)(2)(A)Type A

    Civil penalties...for deficiencies: (c) The department shall assess an immediate civil penalty of five hundred dollars ($500)...for any of the following serious violations: (2) (A) Fire clearance violations, including, but not limited to...inoperable smoke alarms... This requirement was not met as evidenced by: Based on observations and interviews, the Licensee did not comply with the above regulation with 1 of 6 smoke detectors. LPA Colvin observed the smoke detector in the hallway in-between the resident bedrooms on the right of the facility to be inoperable. This is an immediate safety hazard for all residents.

  • 87303(a)Type B

    Maintenance and Operation: (a) The facility shall be clean, safe, sanitary and in good repair at all times. Maintenance shall include provision of maintenance services and procedures for the safety and well-being of residents, employees and visitors. This requirement was not met as evidenced by: Based on observation and interviews, the Licensee did not comply with the above regulation with two facility appliances/fixtures. LPA Colvin observed the kitchen microwave and kitchen sink to be in disrepair (start button on microwave and leaking sink pipes). This is a potential personal rights violation.

FAQ · About this visit

Common questions about this visit

What happened during the August 20, 2021 inspection of HOVLEY CARE LLC?

This was a complaint inspection of HOVLEY CARE LLC on August 20, 2021. 2 citations were issued: 1 Type A (serious) and 1 Type B.

Were any citations issued to HOVLEY CARE LLC on August 20, 2021?

Yes, 2 citations were issued (1 Type A, 1 Type B). The first citation was for: "Residents requiring skilled nursing or intermediate care; bedridden residents: (a) ...no resident shall be admitted or r..."

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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