Complaint·September 18, 2024

LPA Lee requested copies of the incident reports from the binder. LPA Lee was provided with 23 LIC 624 Incident Report for the year of 2023 and 9 LIC 624 Incident Report for the year of 2024. LPA Lee reviewed incident report and multiple incident report does not indicate that the incident report was reported to the department. Based on incident report that was provided to LPA there were 3 Absent Without Leave (AWOL), 3 deaths, 1 resident found unresponsive, 2 wound care concerns where resident was sent out to the hospital and an incident where a staff found a resident with a knife in resident’s hand trying to slit resident’s wrist. LPA Lee also reviewed the department’s Electronic Facility Files where facilities incident report that are faxed to the department are saved and there was no incident report in the Electronic Facility Files from Vita Bella Elderly Care III. Furthermore, the facility was not able to provide proof of the multiple incident reports as ever faxed or reported to the department. Moreover, on 09/03/2024, LPA Lee reached out to Licensee Mark Labella regarding an incident where a resident choked and then was pronounced decease, to see if the incident was reported to the department. On 09/09/2024, administrator emailed LPA Lee a screen shot of a document faxed to the department; however, LPA Lee was not able to confirm what was faxed to the department since it was only a screen shot. On 09/09/24, LPA Lee requested to have the fax forwarded to LPA Lee since the facility uses Fax.com Email to fax documents, the administrator was not able to forward the fax to LPA Lee and provide proof that multiple incident reports were reported to the department. Allegation: Administrator does not spend sufficient number of hours at the facility. It was alleged that Administrator does not spend sufficient number of hours at the facility. This investigation consisted of interview with facility staff and residents, observations and records reviewed. LPA Lee interviewed 4 facility staff who confirmed that administrator Mark Labella comes to the facility once a week to tour the facility and provided the facility with materials that are needed. The facility staff confirmed that the administrator is at the facility 4 times a month. LPA Lee also spoke to two individuals who used to work at Vita Bella Elderly Care III, who stated that administrator is not at the facility and only see the administrator 3-4 times a month. LPA Lee also interviewed 6 residents who stated that they don’t know the name and who the administrator is and thought that designated/caregiver staff Cleopatra Gardiner was the administrator. Moreover, based on records review, LIC 500 the administrators’ scheduled is Tuesday from 2:00 PM to 6:00 PM, Thursday from 12:00 PM to 5:00 PM, Friday from 2:00 PM to 6:00 PM. Based on previous facility visit and observation, LPA Lee did not observe the administrator Mark Labella present in the facility during the following facility visits:06/06/23, 09/12/23, 09/26/23, 10/05/23, 10/20/23, 10/24/23, 10/25/23, 11/13/23, 11/21/23, 01/10/24, 01/30/24, 03/05/24, 04/11/24, 05/16/24, and 07/24/24. As of 07/24/2024, LPA Lee still have not receive any LIC 624 Incident Reports from the facility. As a result, this allegation is SUBSTANTIATED . A finding that the complaint is substantiated means that the allegations are valid because the preponderance of the standard has been met. Deficiencies cited on the LIC 9099-D, per Title 22 Regulations. An exit interview was conducted and a copy of this LIC 9099, LIC 9099-D page and appeal rights provided to facility.