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Inspection visit

complaint

MERRILL GARDENS AT GILROYLicense 435202806
Clean visit · 0 citations

Inspector’s narrative

What the inspector wrote

On 12/08/2022, 2 staff members were interviewed. Based on interview, in Garden House they normally have about 4 caregivers and 1 medtech per shift and NOC is normally 2 caregivers and 1 medtech. Staff from Assisted Living are pulled, if needed. It was stated that they utilize 1 agency staff in the AM shift at least 2-3 times a week and 2 agency staff in the PM shift at least 2-3 times a week. It was stated that agency staff are normally on the weekends. It was stated that if they are short staffed or have a call out, their staff either works doubles, leadership staff fills in to cover the shifts, or a staffing agency is contacted. 2 out of 2 staff stated the facility is constantly hiring, and the hiring of new staff is ongoing. Based on observation, on 12/08/2022 around 10:40AM, LPA Dolores entered the Garden House section. LPA observed 2 caregivers, 1 staff assisting with activities to a group of more than 10 residents, and 1 housekeeper on the floor. It was stated that 2 caregivers and 1 medtech was on break. Based on record review, there was 35 residents in memory care as of 12/08/2022. The facility’s Garden House schedule showed at least 3-4 caregivers and 1 medtech scheduled daily in the AM and PM. NOC shift shows at least 2 caregivers scheduled. The Department has investigated the above allegation. Based on interview, record review and observation the above allegation is unsubstantiated. An unsubstantiated finding indicates that although the allegation may have happened, there is not a preponderance of evidence to prove the alleged violation did or did not occur. No deficiencies were cited per California Code of Regulations, Title 22. This report was reviewed with General Manager, Billy Mitchell and Health Services Director, Jocelyn Bailon and a copy of the report was 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, such as withholding residents’ money or interfering with daily living functions such as eating, sleeping, or elimination. This requirement is not met as evidenced by: Based on interview and record review, the licensee did not ensure resident (R1) was free from abuse by staff (S1) who handled R1 roughly on the night of 06/13/2022 which poses an immediate, health, safety and personal rights risk to persons in care.

  • 87412(a)Type B

    Based on record review and observation, licensee did ensure staff (S1) and (S4) health screening and TB result was not on file which poses a potential health, safety and personal rights risk to persons in care.

FAQ · About this visit

Common questions about this visit

What happened during the September 19, 2024 inspection of MERRILL GARDENS AT GILROY?

This was a complaint inspection of MERRILL GARDENS AT GILROY on September 19, 2024. The inspection found no deficiencies and no citations were issued.

Were any citations issued to MERRILL GARDENS AT GILROY on September 19, 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 CCLDView original report

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