Complaint·February 7, 2023

Licensing Program Analyst (LPA) Chinwe Nwogene conducted an unannounced visit to investigate the above allegation. LPA met Director of Wellness and Assisted Living, Brittany Eargle and explained the purpose of the visit. During the investigation, LPA interviewed Staff, interviewed Resident, interviewed Resident’s Responsible Party (RP), interviewed Confidential witness, and reviewed Resident file. Regarding the allegation “Resident's personal rights are being violated”. It was alleged resident is not allowed to leave the facility with friends or anyone other than resident’s family. LPA interviewed staff who acknowledged not allowing resident to be taken out of the facility because Resident’s RP who is also resident’s Power of Attorney (POA) and resident’s family has instructed that resident is not to be taken out of the facility. LPA interviewed Resident’s Responsible Party who acknowledge being resident’s POA and given facility the instruction not to allow resident to leave the facility except with family members. Interview with resident revealed resident goes out of the facility only to visit family. LPA interviewed two confidential witnesses who stated their request to take resident out of the facility for recreational activities was denied by the facility and the POA. LPA reviewed Resident’s file, the file review revealed resident’s RP only has POA for health care decisions. Based on LPA’s interviews and file review, the preponderance of evidence standard has been met. Therefore, the above allegation is found to be substantiated. California Code of Regulations (Title 22, Division & Chapter number 6) are being cited on the attached LIC9099D). An exit interview was conducted, and a copy of this report was reviewed and provided along with appeal rights to Brittany Eargle.