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Inspection visit

complaint

MERRILL GARDENS AT GILROYLicense 435202806
Clean visit · 0 citations

Inspector’s narrative

What the inspector wrote

On 04/05/2024, 5 staff members were interviewed. Based on staff interview, it was stated that staff check in on R1 at least 2 times per day for medications, however caregivers check in on R1 about 2 or 3 times more per shift. It was stated that there were no incidents reported for R1 on 03/01/2024. The number of times staff check in on R1, was depending on the staff. S2 stated to check in on R1 about 3 – 5 times per his/her shift. S3 states to check in on R1 at least 4 times per his/her shift. S4 states to check in on R1 about 4-5 times per his/her shift. Based on record review, on 03/01/2024, there were no progress notes written by staff on this day. On 03/02/2024, it was noted that R1 requested for pain reliver medication due to pain. From 03/02/2024 – 03/04/2024, R1 was on alert charting due to a change of condition and was being monitored for his/her pain. On 03/03/2024, staff mentioned concern that R1’s pain could be a cause of a fall. On 03/04/2024, R1 was taken to the hospital by his/her family member where R1 was seen for a swollen ankle. The review of records show that R1 is a high potential for falls but does not require assistance with ambulation, mobility, escorting, and transferring. On R1’s service plan, it states that R1’s family member has been evaluated by the community to be at risk for injury which may cause permanent disability or be life threatening. Interventions were put in place for R1’s safety, however, based on record review there was no indication on R1’s service plan that staff were required to check in on R1 every hour. The Department has investigated the above allegation. Based on interview, record review and observation the above allegation is unfounded, meaning the allegation is false, could not have happened, and/or is without a reasonable basis. 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 2 of 2.

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.

  • 87468.2(a)(4)Type A

    (a) In addition to the rights listed in Section 87468.1, Personal Rights of Residents in All Facilities, … (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 and record review, the licensee did not ensure there was enough staff scheduled in prom and plaza during the NOC shift in May 2024 and did not ensure staff responded to the resident’s call buttons within 15 minutes, which poses an immediate health, safety and personal rights risk to persons in care.

  • 87468.1(a)(8)Type A

    (a) Residents in all residential care facilities for the elderly shall have all of the following personal rights: (8) To have their representatives regularly informed by the licensee of activities related to care or services, including ongoing evaluations, as appropriate to their needs. This requirement is not met as evidenced by: Based on interview, record review and observation the licensee did ensure to comply with the section cited above by not informing R1 and R1’s authorized representatives of the need to remove R1’s medications from his/her room prior to removing the medications, despite R1’s care plan not requiring medication management 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 December 19, 2024 inspection of MERRILL GARDENS AT GILROY?

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

Were any citations issued to MERRILL GARDENS AT GILROY on December 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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