Complaint·August 23, 2023

LIC 9099-C Allegation: Facility staff are restricting resident's personal activities. The Department has conducted interviews and record review for the allegation cited above. Based on the interview with Administrator on 1/26/2023, it revealed there was conflict regarding residents exiting the dining room sliding door to go outside to smoke. Interview with Administrator revealed Long Term Care Ombudsman was involved and advised the facility to implement a smoking schedule of 10 minutes after each meal to create fairness to all residents in care. Based on interview conducted with R1 revealed it was not true that staff are restricting residents to one cigarette per hour, but facility is enforcing a smoke schedule for after meals. Based on file review conducted, LPA reviewed the House Rule in the Admission Agreement. File review revealed under section “Smoking” to only state “There is no smoking within the facility. There are designated smoking areas that both residents and staff shall use.” The file review does not reveal a rule on smoking during mealtime. Based on information obtained through Facility Administrator, R1 and file reviewed, the Department finds the allegation to be SUBSTANTIATED- A finding that the complaint is Substantiated means that the allegation is valid because the preponderance of the evidence standard has been met. Per California Code of Regulations, Title 22, Division 6, Chapter 8, the following deficiency cited on LIC9099D. Exit interview. Copy of report and appeal rights was provided to Administrator.