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Inspection visit

complaint

MERRILL GARDENS AT GILROYLicense 4352028061 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

On 12/28/2022, a video from the facility’s fall detection program recorded a video of R1’s fall. During the video, S1 and S2 are seen attempting to assist R1 back onto the wheelchair. After failing to assist R1, the video shows S1 quickly knee R1 on the left side causing R1 to budge. Based on interview and record review, S1 – S2 has been terminated from the facility. The Department has investigated the above allegation and the preponderance of evidence standard has been met. Therefore, the Department found the above allegation to be SUBSTANTIATED. A deficiency was cited per California Code of Regulations, Title 22. See LIC9099-D. A plan of correction was developed with the Executive Director, Nelson Rodrigues and a copy of this report and appeal rights were provided.

Citations

2 citations recorded*CCLD

What does Type A vs Type B mean?

Type A. Serious citation. Imminent or substantial risk to children. The regulator requires corrective action immediately and may impose a civil penalty.

Type B. Lower-severity citation. Corrective action required, no imminent risk. The regulator monitors compliance on the next visit.

  • 87468.1(a)(3)Type A

    (a) Residents in all residential care facilities for the elderly shall have all of the following personal rights: (3) To be free from punishment, humiliation, intimidation, abuse, or other actions of a punitive nature ... This requirement is not met as evidenced by: Based on interview and observation of the fall detection video, it was evident that after S1 and S2 failed to assist R1 back onto the wheelchair after a fall, S1 kneed R1 on the left side causing R1 to budge, which poses an immediate health, safety, and personal rights risk to persons in care.

  • 87355(e)(2)Type A

    (e) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1569.17(b) shall prior to working, residing or volunteering in a licensed facility: (2) Request a transfer of a criminal record clearance as specified in Section 87355(c) or. This requirement was not met as evidenced by: Based on record review, interview, and observation the Licensee did not comply with the section cited above by not requesting a transfer to associate S1 and S2 to the facility prior to individuals starting work, which poses an immediate health, safety, and personal rights risk to persons in care.

FAQ · About this visit

Common questions about this visit

What happened during the January 31, 2023 inspection of MERRILL GARDENS AT GILROY?

This was a complaint inspection of MERRILL GARDENS AT GILROY on January 31, 2023. 1 citation were issued: 1 Type A (serious).

Were any citations issued to MERRILL GARDENS AT GILROY on January 31, 2023?

Yes, 1 citation was issued (1 Type A, 0 Type B). The first citation was for: "(a) Residents in all residential care facilities for the elderly shall have all of the following personal rights: (3) To..."

What type of inspection was this?

This was a complaint inspection. Complaint inspections are triggered when someone reports a concern about the facility to CCLD.

SourceView on CCLDView original report

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Data from CCLD public records. Last updated . If you believe any information is inaccurate, report it here.