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Inspection visit

Follow-up on corrections

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

Inspector’s narrative

What the inspector wrote

Licensing Program Analyst (LPA) Christine Dolores arrived unannounced to conduct a case management – deficiencies visit. LPA met with Executive Director, Nelson Rodrigues. During a complaint investigation, LPA observed staff (S1) and staff (S2) were not associated to the facility’s personnel report summary. Based on record review and interview, the facility did not send the Department a request for transfer. S1 and S2 are not current employees of the facility and were terminated as of the middle of January 2023. A deficiency was cited during today’s visit, see LIC809-D. A civil penalty for repeat violation within the 12-month period is being assessed for the amount of $3,000 ($100 per day x 30 days = $3,000), for staff (S1) working at the facility without a transfer request. A second civil penalty for repeat violation within the 12-month period is being assessed for the amount of $3,000 ($100 per day x 30 days = $3,000), for staff (S2) working at the facility without a transfer request. See LIC421BG. A plan of correction was developed with Executive Director, Nelson Rodrigues. Exit interview conducted and a copy of the report and appeals 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 other 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 other inspection. other inspections are conducted by CCLD as part of their licensing oversight.

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.