Complaint·August 29, 2024

Continued from 9099 LPA's interview with five (5) families / responsible parties of residents in care revealed that all (5) did not express any potential or immediate concerns that the facility did not have an adequate supply of PPE. Based on the information obtained during the investigation, the Department does not have sufficient evidence to corroborate the allegation. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the above allegation, “Facility does not have adequate supplies” is deemed Unsubstantiated at this time. It was reported that "Staff did not meet residents' diapering needs", as it was alleged that diapers that were used were too small for most residents and it left marks. Interviews conducted with eleven (11) staff revealed that all (11) have always observed residents using the correct size of diapers and all (11) stated they have never observed any diapers leave marks on any residents. LPA's interview with five (5) families / responsible parties of residents in care revealed that all (5) did not express any potential or immediate concerns of incontinent being too small and leaving marks on the residents. Based on the information obtained during the investigation, the Department does not have sufficient evidence to corroborate the allegation. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the above allegation, “Staff did not meet residents’ diapering needs” is deemed Unsubstantiated at this time. Exit interview conducted and copy of report issued. Continued from 9099-A LPA's interview with Executive Director Margie Veis revealed that on August 9, before using the test kits they contacted Ventura Public Health to inform them of the expiration dates. Ventura County Public Health advised them to contact the manufacturer of the Flowflex COVID test kit, ACON Labs Inc. Interview with Veis further revealed that they spoke with a representative of ACON Labs Inc and informed them of the expiration date of 02/22/2023 and Veis stated that the representative told them the test kits are still good for two (2) years. Facility staff proceeded to use test kit on one resident, which resulted in a positive test. Upon further research facility staff observed the LOT# (COV2020158) on the Food and Drug Administration (FDA)'s website, which confirmed that the COVID test kits expired in February 2024 based on the Lot # and expiration date. Veis called manufacturer back to gain clarification on the discrepancies and the representative informed them that expiration is 2 years from manufacturing date versus the expiration date. Staff immediately discarded their current supply of COVID test kits and obtained new ones from Ventura County Public Health. LPA's interview with representatives from ACON Labs Inc., the maker of the Flowflex COVID test kit, revealed that the test kits with the specific LOT # should not have been used after February 2024, as their results would be invalid. LPA also reviewed records from the FDA's website, which confirmed that the COVID test kit (LOT#COV2020158) expired in February 2024. Based on information gathered over the course of the investigation, the Department has sufficient evidence to determine the allegation occurred. Therefore, the allegations that “Staff used expired COVID tests to test residents” has been deemed Substantiated at this time. Pursuant to Title 22, California Code of Regulations, the following deficiency is cited (refer to LIC9099-D). Exit interview conducted, appeal rights discussed, and a copy of this report issued.