Inspection visit

complaintJanuary 16, 2024

MERRILL GARDENS AT GILROYLicense 435202806

Clean visit · 0 citations

Inspector’s narrative

What the inspector wrote

On 04/13/2022, the Administrator was interviewed. Based on interview, the facility did not have any current residents who have restraining orders or any unauthorized visitations. It was stated the residents have a right to see who they want and can have visitors if they consent to it unless there is a restraining order. It was stated that if a resident’s POA does not want a resident to see a certain visitor, the resident still has their right to consent to the visitation. Based on interview, R1’s POA did not want anyone to see R1. It was stated that R1 always wants to see his/her relative and can see his/her realize if he/she consents to the visitation. Staff (S2) stated R1's responsible party verbally stated they did not want R1's relative to visit, however, R1 always consented to seeing R1's relative. Based on record review, there is no documentation that R1 had any restraining orders nor was the facility provided a list of unauthorized visitors from the resident and/or resident's responsible party. Based on review of R1's POA (power of attorney) documentation, there is no documentation that allows R1's POA to restrict visitations. The Department has investigated the above allegation. Based on interview, record review and observation the above allegation is unfounded meaning the allegation is false, could not have happened, and/or is without a reasonable basis. No deficiencies were cited per California Code of Regulations, Title 22. This report was reviewed with Kim Golden and a copy of the report was provided.

Citations

3 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.

87463(a)(3)Type A
(a) The pre-admission appraisal shall be updated, in writing as frequently as necessary to note significant changes and to keep the appraisal accurate. The reappraisals shall document changes in the resident's physical, medical, mental, and social condition. Significant changes shall include but not be limited to: (3) Any illness, injury, trauma, or change in the health care needs of the resident that results in a circumstance or … This requirement is not met as evidenced by: Based on interview, record review, and observation the licensee did not ensure resident (R1)’s reappraisal was accurate and documented R1’s diagnosis and changes to the resident’s condition after returning to the facility from the hospital on 08/19/2023 which poses/posed an immediate health, safety, and personal rights risk to persons in care.
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87468.1(a)(2)Type A
(a) Residents in all residential care facilities for the elderly shall have all of the following personal rights: (2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment. This requirement is not met as evidence by: Based on interview, record review, and observation the licensee did not ensure resident (R1) was accorded a healthful and comfortable accommodation due to being found on the floor with ants on R1’s body which poses/posed an immediate health, safety, and personal rights risk to persons in care.
87466Type A
The licensee shall ensure that residents are regularly observed for changes in physical, mental, emotional and social functioning and that appropriate assistance is provided when such observation reveals unmet needs. When changes such as unusual weight gains or losses or deterioration of mental ability or a physical health condition are observed, the licensee shall ensure that such changes are documented and brought to the attention of the resident's physician and the resident's responsible person, if any. This requirement is not met as evidence by: Based on interview, record review, and observation the licensee did not ensure resident (R1) was checked on regularly for 72 hours after being discharged back to the facility from the hospital. On 08/27/2023, resident was found on the floor with injuries to include a golf size bump on the forehead and skin discoloration on the eye, elbow, hands and knees. This poses/posed an immediate health, safety, and personal rights risk to persons in care.
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FAQ · About this visit

Common questions about this visit

What happened during the January 16, 2024 inspection of MERRILL GARDENS AT GILROY?

This was a complaint inspection of MERRILL GARDENS AT GILROY on January 16, 2024. The inspection found no deficiencies and no citations were issued.

Were any citations issued to MERRILL GARDENS AT GILROY on January 16, 2024?

No citations were issued during this inspection. The facility was found to be in compliance with all applicable regulations.

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 CCLD View original report

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Data from CCLD public records. Last updated May 25, 2026. If you believe any information is inaccurate, report it here.

complaint·January 16, 2024