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Inspection visit

Follow-up on corrections

MERRILL GARDENS AT GILROYLicense 4352028063 citations on this visit
3 citations recorded

Inspector’s narrative

What the inspector wrote

Licensing Program Analyst (LPA) Christine Dolores arrived unannounced to conduct a case management - deficiencies visit based on violations observed during 2 complaint investigations for complaint control number 26-AS-20221215152806 and 26-AS-20230714114133. LPA met with General Manger, Billy Mitchell and Resident Care Director, Jocelyne Bailon Solache . During the investigation for complaint control number 26-AS-20221215152806, it was found that on 07/09/2021, R1’s service plan was updated due to a change of condition in which R1 was moved from assisted living to memory care. On 04/07/2022, R1’s level of care increased from level 1 to level 2, which stated R1 was a low potential for falls to moderate potential for falls. On 04/29/2022, R1 went from a moderate potential for falls to a high potential for falls. On 11/23/2022, R1’s level of care increased from a level 2 to a level 10. Based on record review, resident (R1) did not obtain an updated physician’s report after any changes of conditions based on the re-evaluations and updated service plans. R1's physician's report was dated on 02/11/2021. R1 was admitted to the facility on 02/28/2021. R1’s service plans dated 07/08/2021, 04/07/2022, 04/29/2022, 09/09/2022, and 11/12/2022 were not signed by R1 and R1’s responsible party. The facility was unable to produce documents or proof to show the service plans were reviewed with R1’s and R1’s responsible party. On 04/30/2022, 06/24/2022, 07/05/2022, 07/06/2022, 08/09/2022, 09/23/2022, 10/07/2022 R1 sustained falls. Based on record review, it was not noted or indicated that R1’s physician was notified of the falls. SEE LIC809-C. During the investigation for complaint control number 26-AS-20230714114133, it was found that R1's physician's report dated March 2023 stated a special diet for a nutritional beverage. Based on interview with a staff (S2), it was stated that the facility did not follow-up with R1's physician for an order of the nutritional beverage after receiving the physician's report in March 2023. Based on interview and record review, R1 was not receiving the nutritional beverage until the facility received a physician's order from R1's physician in June 2023. Deficiencies were cited per California Code of Regulations, Title 22. See LIC809-D. This report was reviewed with General Manger, Billy Mitchell and a copy of the report and appeal rights were 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.

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  • 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 other inspection of MERRILL GARDENS AT GILROY on October 7, 2024. 3 citations were issued: 3 Type B.

Were any citations issued to MERRILL GARDENS AT GILROY on October 7, 2024?

Yes, 3 citations were issued (0 Type A, 3 Type B). The first citation was for: "(c) The licensee shall arrange a meeting with the resident, the resident’s representative, if any, appropriate facility ..."

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.