The Terraces of Los Gatos

1569.58 Persons prohibited from being a licensee, ... or holding certain positions ... appeal; petition for reinstatement (a)The department may prohibit any person ... person who is not a client and who has done any of the following This requirement was not met as evidenced by; Based on interviews conducted, and evidenced reviewed, private caregiver PC1 and PC2 misappropriated resident R1’s finances and applied undue influence toward R1 for financial gain. This poses an immediate threat to residents health, safety and personal rights.

87355 Criminal Record Clearance: (e) All individuals subject to a criminal record review ... shall prior to working, residing or volunteering in a licensed facility. (1) Obtain a California clearance or a criminal record exception....This requirement is not met as evidenced by: Based on interview and observation, S1, S2, and S3 worked for R1 and reside at R1's apartment without a criminal background clearance which poses a potential Health, Safety, or Personal Rights risk to persons in care.

(b)The administrator shall have the qualifications specified in Sections 87405(d)(1) through (7). If the licensee is also the administrator, all requirements for an administrator shall apply.This requirement is not met as evidenced by: Based on interview with Wellness Director and Independent Living Director of Resident Services failed to do any detailed followup on the financial abuse and completed an assessment on R1 which poses an immediate Health, Safety, or Personal Rights risk to persons in care

(D) A third-party contractor or other business professional retained by the client and at the facility at the request or by the permission of that client. These individuals may not be left alone with other clients.This requirement is not met as evidenced by: Based on record review and interview, R1's private caregivers S1, S2, S3 were left alone in R1's room and had access to the facility and left unattended which poses a potential Health, Safety, or Personal Rights risk to persons in care.

87606 Care of Bedridden Residents: (c) To accept or retain a bedridden person, other than for a temporary illness or recovery from surgery, a facility shall obtain and maintain an appropriate fire clearance as specified in Section 87202(a). This requirement is not met as evidenced by: Based on interview, observation and record review, R1 is bedridden per physician's report and the room in whcih resident currently resides in does not have a bedridden clearance from Fire Department poses an immediate Health, Safety, or Personal Rights risk to persons in care

Exception for Health Conditions: (a) ...the licensee may submit a written exception request if he/she agrees that the resident has a prohibited and/or restrictive health condition but believes that the intent of the law can be met through alternative means. This requirement is not met as evidenced by: Based on observation and record review, the IL director did not submit an exception request for R1’s suprapubic catheter which poses a potential Health, Safety, or Personal Rights risk to persons in care

Observation of the resident: The licensee shall ensure that residents are regularly observed for changes ...and that appropriate assistance is provided when such observation reveals unmet needs. This requirement is not met as evidenced by: Based on record review and interview, R1 is bedridden with contractures, incontinent (bowel and bladder), unabe to care for self including medication management due to neurocognitve disorder which requiring needs care and supervision which poses an immediate Health, Safety, or Personal Rights risk to persons in care.