The Oaks at Nipomo

Maintenance and Operation (a)The facility shall be clean, safe, sanitary and in good repair at all times. Maintenance shall include provision of maintenance services and procedures for the safety and well-being of residents, employees and visitors. This requirement was not met as evidenced by: Based on observation, interview and record review, the licensee did not ensure the washing machines and a laundry room were clean, sanitary and in good repair which poses a potential health, safety, and personal rights risk to persons in care.

Reporting Requirements 87211(a)(1)(D) (a) Each licensee shall furnish to the licensing agency such reports as the Department may require, including, but not limited to, the following: (1)A written report shall be submitted to the licensing agency…within seven days of the occurrence of any of the events specified in (A) through (D) below. This report shall include…date and nature of event… and disposition of the case. (D) Any incident which threatens the welfare, safety or health of any resident, such as…unexplained absence of any resident.This requirement is not met as evidenced by: Based on observation, interviews, and record review, the licensee did not comply with the section cited above when the facility failed to accurately report the facts and nature of an elopement to Community Care Licensing (CCL). This failure to provide complete and accurate information poses a potential health and safety risk to residents in care.

87211(a)(1)(D)Each licensee shall furnish to the licensing agency such reports as the Department may require, including, but not limited to, the following:…Any incident which threatens the welfare, safety or health of any resident, such as psychological abuse of a resident by staff or other residents…This requirement is not met as evidenced by: Based on interview and record review, the licensee did not comply with the section cited when the Administrator/staff did not submit an SOC341 for abuse by R1, which posed a potential health, safety, and personal rights risk to residents in care.

General Food Service Requirements 87555 (b)(28)All food shall be protected against contamination. Contaminated food shall be discarded immediately upon discovery. This requirement is not met as evidenced by: Based on observation the licensee did not comply with the section cited above when food items were discovered improperly stored, opened, and expired, which poses a potential health and safety risk or personal rights violation to residents in care.

87470 Infection Control Requirements (b) In addition to subsection (a), when one or more residents in the facility are diagnosed with a contagious disease, the following shall apply: (1) In addition to the requirements of subsection (a)(2), assigned staff …regardless of having direct contact with residents, shall be required to perform enhanced environmental cleaning and disinfection to maintain a safe and sanitary environment and to prevent, contain, and mitigate the transmission of the contagious disease. This requirement has not been met as evidenced by: Based on multiple interviews, 8 out of 10 staff and 7 out of 8 residents stated no addtional cleaning was observed or requested possing a potential health and safety risk to the residents in care.

(3) To be free from punishment, humiliation, intimidation, abuse, or other actions of a punitive nature, such as withholding residents’ money or interfering with daily living functions such as eating, sleeping, or elimination. This requirement was not met as evidenced by: Based on record review the Licensee did not comply with the regulation above, S1 handled R1 roughly causing skin tears and making R1 return to R1's room against R1's will which is an immediate health, saftey and personal rights risk to residents in care.

(a)The facility shall be clean, safe, sanitary and in good repair at all times. Maintenance shall include provision of maintenance services and procedures for the safety and well-being of residents, employees and visitors. This requirement was not met as evidenced by: Based on interviews and records the Licensee failed to comply with the regulation above, R1 was living in unsanitary living conditions which posed a potential health, safety and personal rights risk to residents in care.

(b)The following food service requirements shall apply:(18)Sufficient food service personnel shall be employed, trained and their working hours scheduled to meet the needs of residents. This requirement was not met as evidenced by: Based on interviews and record review the Licensee did not comply with the regulation above, Residents have longer wait times in dining room when the kitchen staff are shorthanded which poses a potential personal rights risk to residents in care.

(b)The following food service requirements shall apply:(15)All persons engaged in food preparation and service shall observe personal hygiene and food services sanitation practices which protect the food from contamination. This requirement was not met as evidenced by: Based on interviews the Licensee did not comply with the above regulation, staff preparing food did not wear gloves which poses a potential health and safety risk to residents in care.

(a)Residents in all residential care facilities for the elderly shall have all of the following personal rights:(1)To be accorded dignity in their personal relationships with staff, residents, and other persons. This requirement was not met as evidenced by: Based on interviews and record review the Licensee did not comply with the regulation above S1 used profanity talking about the residents with other staff and using profanity in the presence of the residents which poses a potential personal rights risk to residents in care.

(a)... (8)To be free from neglect, financial exploitation, involuntary seclusion, punishment, humiliation, intimidation, and verbal, mental, physical, or sexual abuse.This requirement was not met as evidenced by: Based on interviews and record review the Licensee did not comply with the regulation above, S1 handled residents roughly and was terminated from employment due to abuse complaints which poses an immediate health and safety risk to residents in care.

(f)Basic services shall at a minimum include:(1) Care and supervision as defined in Section 87101(c)(3) and Health and Safety Code section 1569.2(c). This requirement was not met as evidenced by: Based on interviews and record review the Licensee did not comply with the regulation above several residents did not get showers according to the shower schedule which poses a potential health and safety risk to residents in care.

(a)...shall have all of the following personal rights:(4)To care, supervision, and services that meet their individual needs and are delivered by staff that are sufficient in numbers, qualifications, and competency to meet their needs. This requirement was not met as evidenced by: Based on interviews and record review the Licensee did not comply with the regulation 8 out of 11 residents waited over 11-30 minutes to get assistance from staff which posses a potential health and safety risk to residents in care.

All readily perishable foods or beverages capable of supporting rapid and progressive growth of micro-organisms which can cause food infections or food intoxications shall be stored in covered containers at appropriate temperatures. This requirement was not met as evidence by Based on interview and observation, the licensee did not comply with the section cited above when Staff failed to properly store food in refrigerator and was left out for several hours, which posed a health risk to residents in care.

(b)...(18)Sufficient food service personnel shall be employed, trained and their working hours scheduled to meet the needs of residents.This requirement was not met as evidenced by: Based on interviews the licensee did not comply with the regulation above the facility is not employing sufficient staff to meet the food service requirement which posses a potential Health, safety and personal rights risk to residents in care.

(f)Basic services shall at a minimum include:(4)Personal assistance and care as needed by the resident…with those activities of daily living such as dressing, eating, bathing…This requirement was not met as evidenced by: Based on interviews with staff, witnesses and residents the licensee failed to comply with the regulation above residents are not getting bathing/showering needs met which poses and immediate Health, Safety and personal rights risk to residents in care.

(a)Facility personnel shall at all times be sufficient in numbers, and competent to provide the services necessary to meet resident needs….facility require such additional staff for the provision of adequate services. This requirement was not met as evidenced by: Based on interviews with staff, witnesses and residents the licensee failed to comply with the regulation above Facility is insufficiently staffed to meet all the residents needs which poses and immediate Health, Safety and personal rights risk to residents in care.

(a)...(8)To have their representatives regularly informed by the licensee of activities related to care or services, including ongoing evaluations, as appropriate to their needs. This requirement was not met as evidence by: Based on Interviews the Licensee did not comply with the regulation above 5/8 witnesses were not kept informed by the facility regarding resident’s care needs which is an immediate personal rights risk to residents in care.

(a)...(4)To care, supervision, and services that meet their individual needs and are delivered by staff that are sufficient in numbers, qualifications, and competency to meet their needs. This requirement was not met as evidenced by: Based on interviews the licensee did not comply with this regulation 5/6 witnesses 2/6 residents and 5/6 staff felt short staffing had led to missed showers and longer wait times, as well as some of the basic hygiene, teeth brushing, hair washing, and dressing is not being provided adequately to meet the residents needs which is an immediate personal rights risk to residents in care.

(b)...(13)Continuing record of any illness, injury, or medical or dental care, when it impacts the resident’s ability to function or needed services. This requirement was not met as evidenced by: Based on 5/8 witness interviews the licensee did not comply with the regulation above records or documentation were not provided when requested which possess a potential health and safety risk to residents in care.

(b)...(3)Ensuring that incontinent residents are kept clean and dry and that the facility remains free of odors from incontinence. This requirement was not met as evidenced by: Based on staff and witness interviews the Licensee did not comply with the regulation above residents were left wet for longer periods of time due to staffing shortages which posses an immediate health and safety risk to residents in care

Based on W1 observation the licensee did not comply with the section cited above in S1 was transporting resident in facility van with mask down below S1's chin which poses an immediate health, safety or personal rights risk to persons in care.

87468.1 Personal Rights of Residents...: (2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment. This requirement was not met as evidenced by: Based on W1 the licensee did not comply with regulation above 1 staff was present in the facility kitchen without wearing the mask properly which poses an immediate Personal Rights risk to residents in care.

...(1) A written report shall be submitted to the licensing agency and to the person responsible for the resident within seven days of the occurrence...This requirement was not met as evidenced by: Based on documentation and obeservation the Licensee did not comply with regualtion as the facility did not report a reisdent incident on 08/31/2021 which poses a potential safety risk to reisdent in care.

...(f)Basic services shall at a minimum include:(1)Care and supervision as defined in Section 87101(c)(3) and ... section 1569.2(c). This requirement was not met evidenced by: Based on W1-W6 interviews and lack of records to review the licensee did not comply, facility was not providing showers to residents on a regular basis per contracts which poses a potential personal rights risk to resident in care.

...(3)Skill and knowledge required to provide necessary resident care and supervision, including the ability to communicate with residents. This requirement was not met as evidenced by: Based on record review the Licnesee did not comply as staff failed to provide a required 2 person assist and resident fell and went to ER which poses a potential Health and safety risk to residents in care.