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Inspection visit

complaint

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

Inspector’s narrative

What the inspector wrote

It was also alleged that staff did not follow R1’s care plan as R1’s care plan states he/she is not on medication management when staff removed the medications from R1’s bedroom. 1 staff member was interviewed regarding this investigation. This staff member was present and involved in removing R1’s medication from R1’s bedroom. Based on staff interview, R1 was not under medication management during the time of move-in and the General Manager at the time approved R1’s spouse to help administer R1’s medications. One day [specific date unknown], S1 was directed by the General Manager to remove R1’s medications from his/her room. The reason the medications needed to be removed was after the facility nurse determined R1 needed assistance with medication management after completing a 30-day medication evaluation after admission. However, the nurse did not provide and finalize the updated evaluation prior to removing the medications from R1’s bedroom. S1 stated that prior to removing R1’s medications from his/her room, the staff did not notify R1 or R1’s spouse and/or family member that R1’s medications would be removed. S1 admitted this to be a mistake as they should have notified R1 and R1’s responsible parties prior to removing the medications. R1’s spouse became upset with staff, in which staff returned R1’s medications. Based on record review, R1’s service plan upon admission dated 12/30/2023 indicated that R1 was independent and did not require assistance with medication administration. It’s indicated that R1 could self-manage his/her medications. R1’s service plan was updated in July 2024. Based on R1’s physician’s report from January 2024, it stated that R1 had mild cognitive impairment and was able to administer own prescription medication, able to administer own PRN medication and able to store own medications. The review of records does not show any incidents concerning R1’s medication compliance and safety by storing his/her own medication. There were also no records from R1’s physician regarding the change of R1’s capacity to store his/her own medications or other diagnosis which would deem unsafe if R1 would store his/her medications. Page 2 of 3. The Department has investigated the above allegations. Based on interview, record review and observation the preponderance of evidence standard has been met, therefore, the above allegations are substantiated. A deficiency is being cited per California Code of Regulations, Title 22. See LIC9099-D. This report was reviewed with General Manager, Billy Mitchell and a copy of the report and appeal rights were provided. Page 3 of 3.

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. 1 citation were issued: 1 Type A (serious).

Were any citations issued to MERRILL GARDENS AT GILROY on December 19, 2024?

Yes, 1 citation was issued (1 Type A, 0 Type B). The first citation was for: "(a) In addition to the rights listed in Section 87468.1, Personal Rights of Residents in All Facilities, … (4) To care, ..."

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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