Follow-up·January 6, 2023

Licensing Program Analyst (LPA) Angel Ascencio arrived unannounced to conduct a Case Management – Other visit. The LPA met with Business Office Manger (BOM) Cynthia Garcia and explained the reason for the visit. Executive Director Kortnie Spitznogle was not able to attend. Entrance interview conducted. This visit was regarding ongoing concerns related to the current Coronavirus (COVID-19) Outbreak. Community Care Licensing (CCL) received a faxed incident report from this facility on 12/29/2022, indicating that a resident had tested positive for COVID-19 on 12/26/2022. The Department obtained a letter dated 12/30/2022 that was addressed to the residents and families of this facility, indicating that the facility had ceased communal dining and group activities due to the rising cases of COVID-19. Although the letter indicated that this plan had been discussed with the local health department and CCLD, current guidance as detailed in Provider Information Notices (PINs) and the local health department does not support the above-mentioned plan. PIN 21-49 ASC, which was released 11/17/2021, indicates that ‘Facilities may not prohibit residents from eating in the same room and/or at the same table, unless those residents are on isolation or quarantine precautions. Facilities may not prohibit residents from participating in group activities so long as there is appropriate hand hygiene, unless those residents are on isolation or quarantine precautions…. Residents who are not on isolation or quarantine precautions retain the right to participate in communal dining and group activities, regardless of their vaccination status. However, during an outbreak in the facility, the local public health department may require cessation of all communal dining and group activities until transmission has been contained.’ The investigation revealed that at this time, the local health department did not require this facility to cease communal dining and/or group activities. Per guidance from the Department, licensees must uphold the personal rights of residents by allowing residents and visitors to participate in communal dining and activities. Lastly, the investigation revealed that whereas the Administrator initially informed Ventura County Health Department (VCPH) about the initial cases of COVID-19, but no communication since the initial discussion, and VCPH was unaware of the cases of COVID-19 until they were informed by CCL. This is a repeat violation. A civil penalty of $250 is also assessed. Pursuant to Title 22 Division 6 Chapter 8 of the CA Code of Regulations, the following deficiencies were cited (refer to LIC 809-D): Exit interview conducted. Civil penalties assessed. A copy of the report, along with appeal rights, were provided.