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Inspection visit

Incident investigation

MERRILL GARDENS AT GILROYLicense 4352028061 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

Licensing Program Analyst (LPA) Christine Dolores arrived unannounced to conduct a follow-up case management – incident visit that was initiated on 05/29/2024. LPA met with Health Services Director, Jocelyne Bailon. On 05/25/2024, resident (R1) passed away at the facility and the cause of death was an accident. R1 had ligature strangulation in the setting of ethanol use. Based on R1’s evaluation report dated 11/30/2023, R1 had a history of substance use which may cause some interpersonal and/or health problems but does not significantly impair overall independent functioning. However, staff still had concerns about R1’s alcohol consumption and overall safety after drinking alcohol. Based on R1’s progress notes, R1 had multiple fall incidents from 2021 – 2024 resulting in injuries. Staff interviewed were aware that R1 was a fall risk, had multiple fall incidents and liked to drink alcohol. The review of R1’s assessment shows R1 was last re-assessed on 11/30/2023, even though R1 continued to be a fall risk and had multiple falls resulting in injuries after 11/30/2023. There was no reassessment completed after 11/30/2024. A deficiency was cited per California Code of Regulations, Title 22. See LIC809-D. A civil penalty of $1000 is being assessed today for a repeat violation within 12 months. See LIC421IM. Failure to correct the deficiency may result in additional civil penalties. An additional Civil Penalty for a violation resulting in serious bodily injury of a resident is pending review. This report was reviewed with Health Services Director, Jocelyne Bailon and a copy of the report along with the appeal rights were provided.

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.

  • 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 condition specified in Sections 87455(c) … This requirement is not met as evidenced by: Based on interview, record review, and observation the licensee did not comply with the section cited above wherein the facility did not reassess R1 after 11/30/2023, even though R1 continued to be a fall risk and had multiple falls resulting in injuries after 11/30/2023 which poses 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 December 6, 2024 inspection of MERRILL GARDENS AT GILROY?

This was a other inspection of MERRILL GARDENS AT GILROY on December 6, 2024. 1 citation were issued: 1 Type A (serious).

Were any citations issued to MERRILL GARDENS AT GILROY on December 6, 2024?

Yes, 1 citation was issued (1 Type A, 0 Type B). The first citation was for: "(a) The pre-admission appraisal shall be updated, in writing as frequently as necessary to note significant changes and ..."

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.