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Inspection visit

Complaint

MORNINGSTAR ASSISTED LIVING OF WEST SAN JOSELicense 4352028951 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

Lack of supervision resulted in Resident on Resident Altercation: The allegation is that facility staff lack of supervision resulting in on 4/10/2024 around 3:30PM, a resident R1 wandering into another resident R2's room and having alteration between R1 and R2. Both R1 and R2 live in the memory care unit. On 4/19/2024, LPA interviewed Executive Director (ED) Joyce Welch. ED stated on 4/10/2024, resident R1 entered resident R2's room. R1 has neurocognitive impairment and thought that is R1's room. R2 asked R1 to leave the room and R1 got mad. R2 has a private companion (PC1) at that time. PC1 stated R2 told PC1 that R1 attacked R2 but PC1 stated he/she did not observe it. LPA interviewed PC1. PC1 stated he/she was in the restroom when the incident occurred. PC1 stated he/she did not see R1 attacked R2 but he/she saw R1 in R2's room when he/she exited from the restroom. PC1 stated he/she asked R1 to leave R2's room. LPA interviewed resident R2. R2 has neurocognitive impairment. R2 stated he/she cannot recall the incident. R2 stated the facility has a good environment to live. R2 stated he/she likes the facility. LPA interviewed Wellness Director (S1). S1 stated R2 has private companion from 6:00AM to 6:00PM Monday to Saturday. S1 stated on 4/10/2024, he/she received a report that resident R1 entered resident R2's room and R1 and R2 had altercation. S1 stated he/she went to R2's room immediately and R1 already left R2's room. S1 assessed R2 immediately. S1 stated he/she did not find any injury on R2, and R2 stated he/she is fine. S1 stated he/she notified Police, Ombudsman, CCL office and resident families immediately. S1 stated after the incident, the facility provided a week's staff training to prevent the similar incident to occur. R1 moved in the facility on 4/2/2024. R1 did not have similar incident before during 9 day's stay in the facility. Based on the review of R1's Pre-Admission evaluation document dated 3/17/2024, R1 has neurocognitive impairment, elopement, exit seeking/wandering and needing occasional intervention. Based on the review of the LAW Enforcement Task Report, the R2 had no visible injuries. and this is the R1's first incident. Continue on LIC9099-C. Page 2 of 3. Based on documents reviewed, and interviews conducted, the Department found that the above allegations are UNSUBSTANTIATED. An unsubstantiated finding indicates that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that the allegation did or did not occur. No citation noted today. Exit interview was conducted with ED. A copy of the report was provide to ED. 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.

  • Care and supervision as defined by statute and rules

    87464 Basic Services(f) Basic services shall at a minimum include:(1) Care and supervision as defined in Section 87101(c)(3) and Health and Safety Codesection 1569.2(c).This requirement is not met as evidenced by: Based on interview and record review, the facility did not provide the necessary care and supervision to resident R1 to meet R1's care needs and leading to R1's wandering into R2's room and had altercation with R2, which poses/posed an potential Health, Safety, or Personal Rights risk to persons in care.

FAQ · About this visit

Common questions about this visit

What happened during the October 17, 2024 inspection of MORNINGSTAR ASSISTED LIVING OF WEST SAN JOSE?

This was a complaint inspection of MORNINGSTAR ASSISTED LIVING OF WEST SAN JOSE on October 17, 2024. 1 citation were issued: 1 Type B.

Were any citations issued to MORNINGSTAR ASSISTED LIVING OF WEST SAN JOSE on October 17, 2024?

Yes, 1 citation was issued (0 Type A, 1 Type B). The first citation was for: "87464 Basic Services(f) Basic services shall at a minimum include:(1) Care and supervision as defined in Section 87101(c..."

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.

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