Skip to main content
ReadyRule homepageReadyRule

Inspection visit

complaint

MERRILL GARDENS AT GILROYLicense 435202806
Clean visit · 0 citations

Inspector’s narrative

What the inspector wrote

It was alleged that the facility staff pureed resident (R1)’s food without authorization from R1’s responsible party. On 07/21/2023, 2 staff members were interviewed. Based on staff interview, S2 states that when R1 returned from his/her doctor’s appointment, R1’s responsible party provided the paper that states there was a change in diet to puree from R1’s doctor visit sometime in April 2023. S2 states that R1’s responsible party knew there was a change in diet because R1’s responsible party provided the facility with the diet order. S2 states R1’s hospice team was also informed of the diet change. Based on record review, R1’s physician signed a “diet order and dietary communication” form on 04/21/2023 for a puree diet. It was alleged that the facility staff are not accommodating to R1’s diet needs by not providing R1 with a nutritional beverage. The review of records show that R1’s physician’s report dated in March 2023 states a special diet for a nutritional beverage. On 07/21/2023, 2 staff members were interviewed. Based on staff interview, S2 states that they did not follow-up with R1’s physician in March to obtain the physician’s order for the nutritional beverage. S2 states despite the physician’s report in March 2023 stating R1 has a special diet for a nutritional beverage, the facility still requires an actual order from the physician. S2 states that since they did not have an actual physician’s order for the nutritional beverage, they were unable to provide the beverage to R1. S2 states they received an order in June 2023. The Department has investigated the above allegations. Based on interview and record review the above allegations are unsubstantiated. An unsubstantiated finding indicated that although the allegation may be valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur. No deficiencies were cited per California Code of Regulations, Title 22. However, a case management visit was conducted on 10/07/2024 due to a violation observed during the investigation. See LIC809 on 10/07/2024. This report was reviewed with General Manager Billy Mitchell and a copy of the report was provided.

Citations

4 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(c)Type B

    (c) The licensee shall arrange a meeting with the resident, the resident’s representative, if any, appropriate facility staff, and a representative of the resident’s home health agency, if any, when there is significant change in the resident’s condition, or once every 12 months, whichever occurs first, as specified in Section 87467, Resident Participation in Decision Making. This requirement was not met as evidenced by: Based on record review and observation, the licensee did not ensure to review R1’s updated service plans with R1’s responsible party which poses a potential health, safety and personal rights risk to persons in care.

  • 87465(a)(1)Type B

    (a) A plan for incidental medical and dental care shall be developed by each facility. The plan shall encourage routine medical and dental care and provide for assistance in obtaining such care, by compliance with the following: (1) The licensee shall arrange, or assist in arranging, for medical and dental care appropriate to the conditions and needs of residents. This requirement was not met as evidenced by: Based on record review and observation, the licensee did not ensure to obtain an updated physician’s report for resident (R1) after staff observed changes in R1’s conditions based on the re-evaluations and updated service plans, and did not obtain follow-up with R1's physician in a timely manner for an order for R1's nutritional beverage which poses a potential health, safety and personal rights risk to persons in care.

    Read full inspector narrative
  • 87463(a)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: This requirement was not met as evidenced by: Based on record review and observation, the licensee did not ensure resident (R1) was re-evaluated and R1’s service plans were updated after falls resulting in the resident sustaining injuries due to the falls which poses an immediate health, safety, and personal rights risk to persons in care.

  • 87563(b)Type B

    (b) The licensee shall immediately bring any such changes to the attention of the resident's physician and his family or responsible person. This requirement was not met as evidenced by: Based on record review and observation, the licensee did not ensure to report R1’s falls to R1’s physician on 04/30/2022, 06/24/2022, 07/05/2022, 07/06/2022, 08/09/2022, 09/23/2022, 10/07/2022 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 October 7, 2024 inspection of MERRILL GARDENS AT GILROY?

This was a complaint inspection of MERRILL GARDENS AT GILROY on October 7, 2024. The inspection found no deficiencies and no citations were issued.

Were any citations issued to MERRILL GARDENS AT GILROY on October 7, 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

Share this reportEmail

Next steps

If this is your facility,claim this pageand correct anything the record gets wrong. Free.

Researching this visit professionally?Book a 15-minute calland we will walk through what we have on file.

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