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Inspection visit

complaint

SHEARWATER RESIDENCELicense 3427001842 citations on this visit
2 citations recorded

Inspector’s narrative

What the inspector wrote

*** Amended language on this page as of 4/5/22 *** was not a frequent occurrence and had happened in March 2020. Becky would provide training and supervisor direction whenever infractions were observed. LPA also interviewed people who had visited the facility preceding and during the Covid -19 outbreak of 8/29/21- 10/14/21. Two parties interviewed reported to have observed two staff on two separate occasions to not have worn required masks while at work in the community. Staff interviewed stated that they were aware of others, at times, not wearing required masks prior to the facility’s outbreak, 8/30/21 to 10/15/21. During the facility’s Covid-19 outbreak residents and staff were infected. The resident infections required residents to be quarantined. The facility enacted a period where all resident were isolated to their rooms. The staff infections lead to a staffing shortage while the staff home quarantined. The licensee utilized home care agency staff to provide care and supervision to the Covid-19 Positive residents who were cohorted. The licensee charged four Covid Positive residents for a share of the cost of the agency staffing. The residents did not have reappraisals to establish a higher level of care. The facility does not have a fee schedule for various levels of care. The additional charge was based on an operational cost for a staffing shortage which does not qualify as a level of care increase. Operational cost increases require 60-day notices to all residents. One resident who contracted Covid-19 after staff returned from quarantine and thus did not require the facility to hire agency staff, did not have an additional fees charge. As a result of this investigation, LPA finds allegation to be (S) Substantiated - A finding that the complaint is Substantiated means that the allegation is valid because the preponderance of the evidence standard has been met. The following deficiencies were cited on 9099-D, per Title 22 Regulations, Division 6. (A)This poses an immediate Health and Safety risk to clients/residents in care. (B) This poses a potential Health and Safety risk, or personal rights violation, to clients/residents in care. Report reviewed and copy provided. Appeal rights provided.

Citations

2 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.

  • 1569.655(b)Type B

    Increase in fee rates for elderly residents.(b) No licensee shall charge nonrecurring lump-sum assessments. .. "nonrecurring lump-sum assessments" mean rate increases due to unavoidable and unexpected costs that financially obligate the licensee...This requirement was not met based on recrds and statements that some residents were charged fees for Covid-19 staffing that were a an unexpected and unavoidable cost to the licensee. Residents were not reassessed for level of care and residents did not receive 60 days notice.This violated residents personal rights.

  • 87468.1(a)(2)Type A

    (a) Residents in all residential care facilities for the elderly shall have all of the following personal rights:… (2) To be accorded safe, healthful and comfortable accommodations…This requirement was not met as evidenced by statements that found staff at the facility were not consistently following public health guidance for mask wearing. This posed an immediate risk to residents in care.

FAQ · About this visit

Common questions about this visit

What happened during the January 11, 2022 inspection of SHEARWATER RESIDENCE?

This was a complaint inspection of SHEARWATER RESIDENCE on January 11, 2022. 2 citations were issued: 1 Type A (serious) and 1 Type B.

Were any citations issued to SHEARWATER RESIDENCE on January 11, 2022?

Yes, 2 citations were issued (1 Type A, 1 Type B). The first citation was for: "Increase in fee rates for elderly residents.(b) No licensee shall charge nonrecurring lump-sum assessments. .. "nonrecur..."

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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