St Paul's Manor

Eviction report must be filed within five days

87224 Eviction Procedures : “(f) A written report of any eviction shall be sent to the licensing agency within five (5) days.” This requirement was not met, as evidenced by: Based on records review, Licensee did not send a written report of eviction regarding 1 of 106 residents (R1) to the licensing agency within five (5) days. This posed a potential personal rights risk to persons in care.

87224 Eviction Procedures : “(d)(1) The notice to quit shall include the following information: (C) A statement informing residents of their right to file a complaint with the licensing agency, as specified in Section 87468, subsection (a)(4), including the name, address and telephone number of the licensing office with whom the licensee normally conducts business, and the State Long Term Care Ombudsman office.” This requirement was not met, as evidenced by: Based on records review, in the notice to quit regarding 1 of 106 residents (R1), Licensee did not include a statement informing residents of their right to file a complaint with the licensing agency, as specified in Section 87468, subsection (a)(4), including the name, address and telephone number of the licensing office with whom the licensee normally conducts business, and the State Long Term Care Ombudsman office. This posed a potential personal rights risk to persons in care.

87224 Eviction Procedures : “(d)(1) The notice to quit shall include the following information: (D) The following exact statement as specified in Health and Safety Code Section 1569.683(a)(4): ‘In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing.’” This requirement was not met, as evidenced by: Based on records review, in the notice to quit regarding 1 of 106 residents (R1), Licensee did not include the following exact statement as specified in Health and Safety Code Section 1569.683(a)(4): “In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing.” This posed a potential personal rights risk to persons in care.

87224 Eviction Procedures: “(a) The licensee may evict a resident for one or more of the reasons listed in Section 87224(a)(1) through (5)… (3) Failure of the resident to comply with general policies of the facility. Said general policies must be in writing, must be for the purpose of making it possible for residents to live together and must be made part of the admission agreement.” This requirement was not met, as evidenced by: Based on records review and interviews, Licensee served an eviction notice to 1 of 106 residents (R1) for failure to comply with a general policy of the facility, but said policy was not for the purpose of making it possible for residents to live together and was not fully disclosed at the time the admissions agreement was signed. This posed a potential personal rights risk to persons in care.

87468.2 Additional Personal Rights of Residents in Privately Operated Facilities: “(a) …residents in privately operated residential care facilities for the elderly shall have all of the following personal rights: (14) To reasonable accommodation of their individual needs and preferences in all aspects of life in the facility…” This requirement was not met, as evidenced by: Based on records review and interviews, Licensee did not reasonably accommodate the individual need/preference of 1 of 106 residents (R1) regarding their life at the facility, when the specific accommodation that R1 requested was reasonable with regard their safety and those of peers. This posed a potential personal rights risk to persons in care.

87211 Reporting Requirements: “(g) The licensee shall notify the Department, in writing, within thirty (30) days of the hiring of a new administrator. The notification shall include the following: (1) Name and residence and mailing addresses of the new administrator. (2) Date he/she assumed his/her position. (3) Description of his/her background and qualifications, including documentation of required education and administrator certification. (A) A photocopy of the documentation is acceptable.” This requirement was not met, as evidenced by: Based on LPA observation and manager interviews: Licensee did not notify the Department in writing within thirty (30) days of the hiring of a new administrator. This posed a potential health, safety, and personal rights risk to 1 of 106 residents (R1 though R106) in care.

Notice to quit must state specific reasons and details

87224 Eviction Procedures : “(d) The licensee shall set forth in the notice to quit the reasons relied upon for the eviction with specific facts to permit determination of the date, place, witnesses, and circumstances concerning those reasons.” This requirement was not met, as evidenced by: Based on records review, in the notice to quit regarding 1 of 106 residents (R1), Licensee did not set forth specific facts to include date, place, witnesses, and circumstances concerning the reason(s) for eviction. This posed a potential personal rights risk to persons in care.

87224 Eviction Procedures : “(d)(1) The notice to quit shall include the following information: (A) The effective date of the eviction.” This requirement was not met, as evidenced by: Based on records review, in the notice to quit regarding 1 of 106 residents (R1), Licensee did not include the effective date of the eviction. This posed a potential personal rights risk to persons in care.

87224 Eviction Procedures : “(d)(1) The notice to quit shall include the following information: (B) Resources available to assist in identifying alternative housing and care options…” This requirement was not met, as evidenced by: Based on records review, in the notice to quit regarding 1 of 106 residents (R1), Licensee did not include resources available to assist in identifying alternative housing and care options, to include referral services and case management organizations. This posed a potential personal rights risk to persons in care.

Regular observation and documentation of resident changes

87466 Observation of the Resident: “The licensee shall ensure that residents are regularly observed for changes in physical…functioning and that appropriate assistance is provided when such observation reveals unmet needs…the licensee shall ensure that such changes are documented and brought to the attention of the resident’s physician…” This requirement was not met, as evidenced by: Based on records and interviews, for 1 of 64 residents (R1), Licensee did not ensure that changes in physical functioning were observed, documented, and brought to the attention of their physician, and that appropriate assistance was provided for an unmet need. This posed an immediate health and safety risk to persons in care.

Grounds for eviction listed for residents

87224 Eviction Procedures: “(a) The licensee may evict a resident for one or more of the reasons listed in Section 87224(a)(1) through (5). Thirty (30) days written notice to the resident is required except as otherwise specified in paragraph (5).” This requirement was not met, as evidenced by: Based on records and interviews, Licensee evicted 1 of 64 residents (R1) without providing thirty (30) days written notice to the resident.” This posed a potential personal rights risk to persons in care.