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Inspection visit

complaint

MERRILL GARDENS AT GILROYLicense 435202806
Clean visit · 0 citations

Inspector’s narrative

What the inspector wrote

On 08/22/2023, 1 witness was interviewed. Based on witness (W1) interview, it was stated that the facility is short staffed mostly everyday. It was stated that the morning and afternoon shift has 2 caregivers and 1 medtech. W1 states that on 08/22/2023, there was only 2 staff. W1 states that he/she is constantly looking for staff to help R1. W1 states if he/she is really complaining the staff come within 10-15 minutes. W1 stated that on 08/22/2023, staff came after 45 minutes and apologized for not coming sooner as the staff needed to take a lunch. W1 states it doesn’t happen often. On 08/22/2023, 8 staff members were interviewed. Based on staff interview, 7 out of 8 staff stated the facility’s memory care has sufficient staff to meet the needs of the residents. It was stated that there are 4 staff (3 caregivers and 1 medtech) in the morning shift, 3 staff (2 caregivers and 1 medtech) in the evening shift, and 2 staff for the overnight shift. It was stated that the staff used to wash dishes around December 2022 time, however, since August 2023 the kitchen staff does all of the dishes. It was stated that the staff are assigned to groups, and they help each other out as a team. It was stated that the medtech also assist with care giving duties, when needed. 1 out of 8 staff stated they need more staff in memory care. On 08/22/2023, LPA Dolores entered the memory care unit around 11:50am and observed 2 staff were working in memory care, 1 caregiver and 1 medtech/caregiver. Based on interview with staff, the third caregiver was on break and the fourth caregiver was somewhere in the building but could not be located at that moment. LPA Dolores observed 3 housekeeping staff. After a few minutes, LPA observed the third caregiver walking down the hallway. LPA interviewed the fourth caregiver who states to be late to work. LPA Dolores observed lunch started at 12:10PM and observed 2 staff assisting the residents with dining. Based on record review, there were 30 residents residing in memory care. PAGE 2 OF 3. Based on record review of the facility’s staffing schedule, in July 2023 the AM and PM shift had 3 caregivers and 1 Medtech scheduled and 2 staff for NOC shift. There was only 1 day of the month (Saturday 07/22/2023) where there was only 2 caregivers and 1 Medtech scheduled in the PM. In August 2023 the AM shift had 3 caregivers and 1 Medtech, PM shift had 2 caregivers and 1 Medtech, and NOC shift had 2 staff scheduled. On 08/22/2023, the schedule shows 3 caregivers and 1 Medtech in the AM and 2 caregivers and 1 Medtech in the PM. The Department has investigated the above allegation. Based on interview, record review and observation the above allegation is unsubstantiated. An unsubstantiated finding indicated that although the allegation is valid, 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 a copy of the report was provided. PAGE 3 OF 3.

Citations

1 citation 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.

  • 87468.2(a)(4)Type A

    (a) In addition to the rights listed in Section 87468.1, Personal Rights of Residents in All Facilities, residents in privately operated residential care facilities for the elderly shall have all of the following personal rights: (4) To care, supervision, and services that meet their individual needs and are delivered by staff that are sufficient in numbers, qualifications, and competency to meet their needs. This requirement is not met as evidenced by: Based on interview, record review and observation the licensee did not comply with the section cited wherein R1's alert button was not responded to on 7 different occasions and based on LPA Dolores observation on 10/18/23 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 October 29, 2024 inspection of MERRILL GARDENS AT GILROY?

This was a complaint inspection of MERRILL GARDENS AT GILROY on October 29, 2024. The inspection found no deficiencies and no citations were issued.

Were any citations issued to MERRILL GARDENS AT GILROY on October 29, 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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