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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

Based on the reporting party (RP), it was reported that R1 moved into the facility in October 2024 and in late November 2024, R1 required hospitalization following almost 3 months at a rehab center (November 2024– February 2025). While R1 was in rehab, R1 was charged for assisted living care services in December 2024, after being told by the facility staff that R1 would only be charged monthly rent for the apartment. Based on the facility’s admission agreement with R1, it’s stated under the apartment hold policy that “ When you have been away from your Apartment for 14 consecutive days, credit for Assisted Living Services will be given beginning on day 15 until you return”. On 07/17/2025, the General Manager was interviewed who stated that the Business Office Director (BOD) who was handling the R1’s credit no longer works for the community and did not leave any communication regarding R1’s billing. It was stated that the BOD already had prior approval back in December 2024 to credit the amount back to the resident’s account but the GM was unsure why the BOD did not complete the refund. The GM admitted that the credit was not completed in December 2024. On 07/17/2025, the GM and VP of Operations processed the credit back to R1’s account. Proof of the ledger showing the credit was provided to the Department. The Department has investigated the above allegation. Based on interview, record review and observation the above allegation the preponderance of evidence standard has been met, therefore, the above allegation is substantiated. A deficiency was 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 was provided. Page 2 of 2.

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.

  • 87507(f)Type B

    (f) The licensee shall comply with all applicable terms and conditions set forth in the admission agreement, including all modifications and attachments. 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 licensee did not comply with the terms and conditions set forth in resident (R1)’s admission agreement by not ensuring R1 was credited assisted living care services costs per the admission agreement timeframe 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 September 25, 2025 inspection of MERRILL GARDENS AT GILROY?

This was a complaint inspection of MERRILL GARDENS AT GILROY on September 25, 2025. 1 citation were issued: 1 Type B.

Were any citations issued to MERRILL GARDENS AT GILROY on September 25, 2025?

Yes, 1 citation was issued (0 Type A, 1 Type B). The first citation was for: "(f) The licensee shall comply with all applicable terms and conditions set forth in the admission agreement, including a..."

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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Data from CCLD public records. Last updated . If you believe any information is inaccurate, report it here.