PRINTED: 05/14/2026
FORM APPROVED
DEPARTMENT OF HEALTH AND HUMAN SERVICES
CENTERS FOR MEDICARE & MEDICAID SERVICES
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
OMB NO. 0938-0391
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X1) MULTIPLE CONSTRUCTION
A. BUILDING: ___________
B. WING: _______________
555466
(X3) DATE SURVEY
COMPLETED
09/12/2019
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
ASHBY CARE CENTER
2270 Ashby Avenue
Berkeley, CA 94705
(X4) ID
PREFIX
TAG
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION)
ID
PREFIX
TAG
F000
INITIAL COMMENTS
F000
PROVIDER'S PLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
DEFICIENCY)
(X5)
COMPLETE
DATE
The following represents the findings of the
California Department of Public Health during a
recertification survey conducted on 9/9/19
through 9/12/19.
Representing the Department: HFENs 40748,
and 40212.
F678
SS=J
Cardio-Pulmonary Resuscitation (CPR)
CFR(s): 483.24(a)(3)
F678
§483.24(a)(3) Personnel provide basic life
support, including CPR, to a resident requiring
such emergency care prior to the arrival of
emergency medical personnel and subject to
related physician orders and the resident's
advance directives.
This REQUIREMENT is not met as evidenced
by:
Based on observation, interview, and record
review, for one of fourteen sampled residents
(Resident 131) the facility failed to ensure staff
provided immediate and continuous life saving
measures (cardio pulmonary resuscitation
[CPR] - any medical intervention used to
restore circulatory and/or respiratory function
that has ceased) when Resident 131 was found
in bed without vital signs (clinical
measurements of breaths, blood pressure,
heart rate and temperature). Licensed Vocation
Nurse (LVN) 3 did not continuously provide
CPR. LVN 3 left Resident 131 in bed for an
undetermined amount of time prior to the arrival
of emergency personnel.
LABORATORY DIRECTOR'S OR PROVIDER/SUPPLIER REPRESENTATIVE'S SIGNATURE
TITLE
(X6) DATE
Any deficiency statement ending with an asterisk (*) denotes a deficiency which the institution may be excused from correcting providing it is determined that
other safeguards provide sufficient protection to the patients . (See instructions.) Except for nursing homes, the findings stated above are disclosable 90 days
following the date of survey whether or not a plan of correction is provided. For nursing homes, the above findings and plans of correction are disclosable 14
days following the date these documents are made available to the facility. If deficiencies are cited, an approved plan of correction is requisite to continued
program participation.
FORM CMS-2567(02-99) Previous Versions Obsolete
Event ID: FPWP11
Facility ID: CA020000010
If continuation sheet 1 of 13
PRINTED: 05/14/2026
FORM APPROVED
DEPARTMENT OF HEALTH AND HUMAN SERVICES
CENTERS FOR MEDICARE & MEDICAID SERVICES
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
OMB NO. 0938-0391
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X1) MULTIPLE CONSTRUCTION
A. BUILDING: ___________
B. WING: _______________
555466
(X3) DATE SURVEY
COMPLETED
09/12/2019
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
ASHBY CARE CENTER
2270 Ashby Avenue
Berkeley, CA 94705
(X4) ID
PREFIX
TAG
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION)
ID
PREFIX
TAG
PROVIDER'S PLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
DEFICIENCY)
(X5)
COMPLETE
DATE
As a result of LVN 3's inaction, Resident 131
subsequently died. The failure of LVN 3 to
provide continuous CPR until the arrival of
emergency personnel was determined to
constitute an Immediate Jeopardy (IJ) situation.
The interim Administrator (ADM) and Director
of Nursing (DON) were verbally notified of the
IJ on 9/12/19 at 1 p.m. The facility failed to
ensure that staff provided basic life support in a
continuous manner in an emergency situation.
Through observations and interviews with the
staff members and record reviews of the
facility's training records, the facility showed
they initiated the plan of action through training
of employees regarding CPR in-service course
and how to initiate a response in an emergency
situation. The IJ was lifted on 9/12/19 at 4:23
p.m.
Findings:
Review of Resident 131's Admission Face
Sheet, printed 8/1/19, indicated Resident 131
was admitted to the facility with diagnoses that
included hypertension (high blood pressure
above normal 120/80), and heart failure (failure
of the heart to pump blood with normal
efficiency).
Review of Resident 131's POLST (Physicians
Order for Life Sustaining Treatment - directs
individual end-of-life preferences during a
medical emergency), dated 1/12/19, was
signed by Resident 131's legally recognized
decision-maker and his physician. The POLST
form included " ...Cardiopulmonary
Resuscitation (CPR) ...If patient has no pulse
and is not breathing ...Attempt
Resuscitation/CPR ...."
Review of Resident 131's September 2019
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Event ID: FPWP11
Facility ID: CA020000010
If continuation sheet 2 of 13
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FORM APPROVED
DEPARTMENT OF HEALTH AND HUMAN SERVICES
CENTERS FOR MEDICARE & MEDICAID SERVICES
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
OMB NO. 0938-0391
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X1) MULTIPLE CONSTRUCTION
A. BUILDING: ___________
B. WING: _______________
555466
(X3) DATE SURVEY
COMPLETED
09/12/2019
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
ASHBY CARE CENTER
2270 Ashby Avenue
Berkeley, CA 94705
(X4) ID
PREFIX
TAG
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION)
ID
PREFIX
TAG
PROVIDER'S PLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
DEFICIENCY)
(X5)
COMPLETE
DATE
Physician's Orders indicated an order dated
5/26/19 that Resident 131's "Code Status
(refers to the level of medical interventions a
person wishes to have started if their heart or
breathing stops) ...[was] Full Code (Attempt
resuscitation/CPR and other lifesaving
measures)."
During an observation on 9/12/19, at 7:59 a.m.,
Paramedics were walking through the hallway.
At 8:01 a.m. the Paramedics began CPR on
Resident 131. Emergency Personnel (EP) 1
came out of Resident 131's room looking for
facility staff to come in and give them
information regarding Resident 131. LVN 3
walked into Resident 131's room and told EP 1
that at around 7:15 a.m. she went into the room
to feed Resident 131 his breakfast and found
him non-responsive. LVN 3 told EP 1 she
checked Resident 131's vital signs, there were
no readings, and called for help, and did CPR
(on Resident 131) for three to five minutes and
then stopped.
In an interview with Emergency Personnel (EP
1), on 9/12/19, at 8:41 a.m., EP 1 stated a
dispatch call for resident "non-responsive" was
received at 7:53 a.m. and emergency
personnel were on the scene (at the facility) at
7:58 a.m. EP 1 stated the emergency
personnel team started CPR on Resident 131
at 8:01 a.m., performed Advanced Cardiac Life
Support (ACLS - a set of clinical algorithms for
the urgent treatment of sudden loss of heart
function) on Resident 131, and called Resident
131's time of death at 8:31 a.m.
During an interview with LVN 3 on 9/12/19, at
8:39 a.m., LVN 3 stated she was the nurse in
charge for Resident 131 from 11 p.m. on
9/11/19 to 7:30 a.m. on 9/12/19. LVN 3 stated
that on 9/12/19, when she went to feed
Resident 131 breakfast around 7:30 a.m., she
FORM CMS-2567(02-99) Previous Versions Obsolete
Event ID: FPWP11
Facility ID: CA020000010
If continuation sheet 3 of 13
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FORM APPROVED
DEPARTMENT OF HEALTH AND HUMAN SERVICES
CENTERS FOR MEDICARE & MEDICAID SERVICES
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
OMB NO. 0938-0391
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X1) MULTIPLE CONSTRUCTION
A. BUILDING: ___________
B. WING: _______________
555466
(X3) DATE SURVEY
COMPLETED
09/12/2019
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
ASHBY CARE CENTER
2270 Ashby Avenue
Berkeley, CA 94705
(X4) ID
PREFIX
TAG
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION)
ID
PREFIX
TAG
PROVIDER'S PLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
DEFICIENCY)
(X5)
COMPLETE
DATE
found him not responsive. LVN 3 stated she
immediately checked Resident 131's vital signs
- there was no reading for his blood pressure,
she could not feel any pulse, and there was no
reading for oxygen saturation (blood oxygen
level - a normal reading is typically between 95
and 100 percent), but Resident 131's body was
warm to the touch. LVN 3 stated she did CPR
for only three to five minutes. LVN 3 further
stated at that point, the morning shift charge
nurse (LVN 1) came to help assess Resident
131. LVN 3 stated LVN 1 then called 911
(emergency personnel), Resident 131's
brother, and Resident 131's physician.
During an interview with LVN 1 on 9/12/19, at 9
a.m., LVN 1 stated that he came to work on
9/12/19 at 7 a.m. LVN 1 stated that around
7:30 a.m. he heard LVN 3 yelling for help, so
he went to check on her and saw LVN 3
assessing (check vital signs) Resident 131.
LVN 1 further stated he went to check Resident
131's chart for his code status and to call 911.
LVN 1 stated he also called Resident 131's
responsible party, and his physician.
Resident 131's unsigned "Nurses Notes," dated
9/12/19, documented, " ...medications were
given as ordered this morning around 6:30
a.m., and he took it. When breakfast time
around 7:30 a.m., I found patient [Resident
131] not respond to me. I checked his vital
signs with blood pressure machine and
(oxygen) finger application, there was no
reading, then I notified the a.m. charge nurse
[LVN 1], and we checked the patient's chart.
He is full code. I did the CPR for 5 (minutes) till
I got exhausted and the a.m. nurse (LVN 1)
called 911. Around 7:45 a.m., 911 came. 911
did half an hour CPR for [Resident 131]. He
passed away at 8:30 a.m."
During an interview with Director of Nursing
FORM CMS-2567(02-99) Previous Versions Obsolete
Event ID: FPWP11
Facility ID: CA020000010
If continuation sheet 4 of 13
PRINTED: 05/14/2026
FORM APPROVED
DEPARTMENT OF HEALTH AND HUMAN SERVICES
CENTERS FOR MEDICARE & MEDICAID SERVICES
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
OMB NO. 0938-0391
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X1) MULTIPLE CONSTRUCTION
A. BUILDING: ___________
B. WING: _______________
555466
(X3) DATE SURVEY
COMPLETED
09/12/2019
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
ASHBY CARE CENTER
2270 Ashby Avenue
Berkeley, CA 94705
(X4) ID
PREFIX
TAG
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION)
ID
PREFIX
TAG
PROVIDER'S PLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
DEFICIENCY)
(X5)
COMPLETE
DATE
(DON) on 9/12/19, at 12:17 p.m., DON stated
she received a call from LVN 1 around 7:30
a.m. stating that he was going to call 911,
because Resident 131 was not responding.
DON stated in an emergency, staff were
expected to do CPR immediately and call 911.
Review of the facility's policy and procedure
titled, "Emergency/Cardio Pulmonary
Resuscitation (CPR), undated, indicated
"...Purpose...To ventilate the resident until
adequate circulation to the brain is reestablished ...Procedure...1. Summon medical
aid. 2. Begin external cardiac massage [kind of
external squeezing of the heart causing its
voiding and filling to a certain extent and thus
preserving cardiac output and blood flow to
vital body organs for the duration of the
resuscitation] and assisted ventilation [any
artificial method of ventilation in which air is
forced into and out of the lungs of a person
who has stopped breathing] within four minutes
immediately after the following symptoms
occur...a. No pulse. b. No respirations. c. No
heartbeat. d. Unconsciousness...ESSENTIAL
POINTS...Once CPR is initiated, it must be
continued until help arrives...."
F760
SS=D
Residents are Free of Significant Med Errors
CFR(s): 483.45(f)(2)
F760
The facility must ensure that its§483.45(f)(2) Residents are free of any
significant medication errors.
This REQUIREMENT is not met as evidenced
by:
Based on observation, interview and record
review, for one (Resident 14) of four residents
who received medications during the
medication pass observation, the facility failed
FORM CMS-2567(02-99) Previous Versions Obsolete
Event ID: FPWP11
Facility ID: CA020000010
If continuation sheet 5 of 13
PRINTED: 05/14/2026
FORM APPROVED
DEPARTMENT OF HEALTH AND HUMAN SERVICES
CENTERS FOR MEDICARE & MEDICAID SERVICES
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
OMB NO. 0938-0391
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X1) MULTIPLE CONSTRUCTION
A. BUILDING: ___________
B. WING: _______________
555466
(X3) DATE SURVEY
COMPLETED
09/12/2019
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
ASHBY CARE CENTER
2270 Ashby Avenue
Berkeley, CA 94705
(X4) ID
PREFIX
TAG
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION)
ID
PREFIX
TAG
PROVIDER'S PLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
DEFICIENCY)
(X5)
COMPLETE
DATE
to ensure its medication error rate did not
exceed five percent. There were two
medication errors out of 30 opportunities for
error that totaled 6.67 percent (%) when
Resident 14 did not receive Citalopram
(medication that treats depression) and Claritin
(an allergy medication).
For Resident 14, this failure had the potential to
result in unpleasant withdrawal symptoms
(Citalopram - irritability, nausea, feeling dizzy,
vomiting, nightmares, headache, and/or a
prickling, tingling sensation on the skin) or
severe itching (Claritin).
Findings:
Review of Resident 14's Physician's Orders,
dated September 2019, indicated Resident 14
was admitted to the facility with diagnoses that
included major depressive disorder. The
Physician's Orders also indicated Resident 14
was to receive 20 milligrams (mg) of
Citalopram and 10 mg of Claritin every day.
Review of the Resident's Care Plan, dated
10/27/16, indicated instructions to the licensed
nurse to administer Resident 14's medication
as ordered.
During observation on 9/10/19, at 8:13 a.m.,
Resident 14 did not receive Citalopram or
Claritin from Licensed Vocational Nurse (LVN)
1, although LVN 1 marked the medications as
given on Resident 14's Medication
Administration Record (MAR).
During an interview on 9/11/19, at 9:17 a.m.,
LVN 1 stated she was not sure how she missed
giving Citalopram and Claritin to Resident 14.
F761
Label/Store Drugs and Biologicals
FORM CMS-2567(02-99) Previous Versions Obsolete
F761
Event ID: FPWP11
Facility ID: CA020000010
If continuation sheet 6 of 13
PRINTED: 05/14/2026
FORM APPROVED
DEPARTMENT OF HEALTH AND HUMAN SERVICES
CENTERS FOR MEDICARE & MEDICAID SERVICES
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
OMB NO. 0938-0391
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X1) MULTIPLE CONSTRUCTION
A. BUILDING: ___________
B. WING: _______________
555466
(X3) DATE SURVEY
COMPLETED
09/12/2019
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
ASHBY CARE CENTER
2270 Ashby Avenue
Berkeley, CA 94705
(X4) ID
PREFIX
TAG
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION)
SS=D
CFR(s): 483.45(g)(h)(1)(2)
ID
PREFIX
TAG
PROVIDER'S PLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
DEFICIENCY)
(X5)
COMPLETE
DATE
§483.45(g) Labeling of Drugs and Biologicals
Drugs and biologicals used in the facility must
be labeled in accordance with currently
accepted professional principles, and include
the appropriate accessory and cautionary
instructions, and the expiration date when
applicable.
§483.45(h) Storage of Drugs and Biologicals
§483.45(h)(1) In accordance with State and
Federal laws, the facility must store all drugs
and biologicals in locked compartments under
proper temperature controls, and permit only
authorized personnel to have access to the
keys.
§483.45(h)(2) The facility must provide
separately locked, permanently affixed
compartments for storage of controlled drugs
listed in Schedule II of the Comprehensive
Drug Abuse Prevention and Control Act of
1976 and other drugs subject to abuse, except
when the facility uses single unit package drug
distribution systems in which the quantity
stored is minimal and a missing dose can be
readily detected.
This REQUIREMENT is not met as evidenced
by:
Based on observation, and interview, the
facility failed to ensure safe storage of
biologicals (used to treat, prevent, or diagnose
diseases and medical conditions) when there
were multiple expired biologicals stored with
non-expired biologicals in the medication room.
This failure had the potential to adversely affect
a resident's diagnosis, treatment, or
assessment.
FORM CMS-2567(02-99) Previous Versions Obsolete
Event ID: FPWP11
Facility ID: CA020000010
If continuation sheet 7 of 13
PRINTED: 05/14/2026
FORM APPROVED
DEPARTMENT OF HEALTH AND HUMAN SERVICES
CENTERS FOR MEDICARE & MEDICAID SERVICES
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
OMB NO. 0938-0391
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X1) MULTIPLE CONSTRUCTION
A. BUILDING: ___________
B. WING: _______________
555466
(X3) DATE SURVEY
COMPLETED
09/12/2019
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
ASHBY CARE CENTER
2270 Ashby Avenue
Berkeley, CA 94705
(X4) ID
PREFIX
TAG
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION)
ID
PREFIX
TAG
PROVIDER'S PLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
DEFICIENCY)
(X5)
COMPLETE
DATE
Findings:
During an observation and concurrent interview
with Licensed Vocational Nurse (LVN) 2 on
9/11/19, at 1 p.m., LVN 2 stated the following
expired supplies were in the medication room:
a. 10 Fluringe syringes - expiration date of
2018;
b. 18 monojet needles - expiration date of
2014;
c. 2 monojet needles - expiration date of 2013;
d. 6 monojet needles - expiration date of 2014;
e. 9 monojet needles - expiration date of 2015;
f. 1 leg bag strap - expiration date of 2015;
g. 1 nasopharyngeal sample collection kit expiration date 2018;
h. 4 BD vacutainer Culture and Sensitivity
(C&S) transfer kits - expiration of 8/2019;
i. 7 E-swab collection kits - expiration date of
5/2019, and;
j. 2 Medi-vac tubing connector - expiration date
of 8/2011.
During an interview with the director of nursing
(DON) on 9/11/19, at 11:36 a.m., DON stated
the expired supply items should be disposed of.
F812
SS=E
Food Procurement,Store/Prepare/ServeSanitary
CFR(s): 483.60(i)(1)(2)
F812
§483.60(i) Food safety requirements.
The facility must §483.60(i)(1) - Procure food from sources
approved or considered satisfactory by federal,
state or local authorities.
(i) This may include food items obtained
directly from local producers, subject to
applicable State and local laws or regulations.
(ii) This provision does not prohibit or prevent
facilities from using produce grown in facility
FORM CMS-2567(02-99) Previous Versions Obsolete
Event ID: FPWP11
Facility ID: CA020000010
If continuation sheet 8 of 13
PRINTED: 05/14/2026
FORM APPROVED
DEPARTMENT OF HEALTH AND HUMAN SERVICES
CENTERS FOR MEDICARE & MEDICAID SERVICES
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
OMB NO. 0938-0391
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X1) MULTIPLE CONSTRUCTION
A. BUILDING: ___________
B. WING: _______________
555466
(X3) DATE SURVEY
COMPLETED
09/12/2019
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
ASHBY CARE CENTER
2270 Ashby Avenue
Berkeley, CA 94705
(X4) ID
PREFIX
TAG
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION)
ID
PREFIX
TAG
PROVIDER'S PLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
DEFICIENCY)
(X5)
COMPLETE
DATE
gardens, subject to compliance with applicable
safe growing and food-handling practices.
(iii) This provision does not preclude residents
from consuming foods not procured by the
facility.
§483.60(i)(2) - Store, prepare, distribute and
serve food in accordance with professional
standards for food service safety.
This REQUIREMENT is not met as evidenced
by:
Based on observation, interview, and record
review, the facility failed to ensure food was
served and stored under sanitary conditions
when:
1. Licensed Vocational Nurse Certified Nursing
Assistant (CNA) 1, 2, and 3 did not wash their
hands during meal service to residents;
2. there were multiple food items with freezer
burn in the facility's two freezers, two bottles of
expired condiments in the refrigerator, and two
bins containing dry bulk items that had open
lids.
This failure had the potential to result in
foodborne illness.
Findings:
1. During an observation on 9/9/19, at 12:13
p.m., Licensed Vocational Nurse 3 (LVN3) and
Certified Nursing Assistant 1 (CNA) 1 did not
wash their hands before delivering meal trays
to residents in Room 1, and setting up the
meals or after disposing the trash, and leaving
the residents' room. LVN 3 and CNA 1 then
returned to the dining room and did not wash
their hand before serving meal trays to other
residents.
During an observation on 9/9/19, at 12:15 p.m.,
CNA 2 scratched his back under his uniform
FORM CMS-2567(02-99) Previous Versions Obsolete
Event ID: FPWP11
Facility ID: CA020000010
If continuation sheet 9 of 13
PRINTED: 05/14/2026
FORM APPROVED
DEPARTMENT OF HEALTH AND HUMAN SERVICES
CENTERS FOR MEDICARE & MEDICAID SERVICES
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
OMB NO. 0938-0391
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X1) MULTIPLE CONSTRUCTION
A. BUILDING: ___________
B. WING: _______________
555466
(X3) DATE SURVEY
COMPLETED
09/12/2019
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
ASHBY CARE CENTER
2270 Ashby Avenue
Berkeley, CA 94705
(X4) ID
PREFIX
TAG
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION)
ID
PREFIX
TAG
PROVIDER'S PLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
DEFICIENCY)
(X5)
COMPLETE
DATE
top and did not wash his hands before
delivering a meal tray to a resident in their
room or after throwing away trash.
During an observation on 9/10/19, at 12:15
p.m., CNA 3 entered the facility through the
front door and did not wash their hands before
delivering meal trays to residents in the dining
room or after throwing away trash.
During an interview with CNA 2 on 9/9/19, at
12:15 p.m., CNA 2 stated hand washing
needed to be done every time tray is serviced.
During an interview with LVN 2 on 9/9/19, at
12:30 p.m., LVN 2 stated hand hygiene needed
to be done before and after serving trays or
touching anything possibly dirty.
Review of the facility's undated policy and
procedure titled, "Handwashing," indicated
"...2. Appropriate ten to fifteen second
handwashing must be performed under the
following conditions...a. When coming on
duty...i. After personal body function (e.g., use
of toilet, blowing or wiping the nose, smoking,
combing the hair, etc...n. before passing in tray
and after resident contact...o. before food
handling...."
2. During an observation on 9/9/19, at 8:10
a.m., in the presence of the Dietary Cook (DC),
the following items were noted:
a. in Freezer 1, there was one open nonsealable bag of frozen carrots with ice build-up;
b. in the door panel of the top freezer, there
were three packs of frozen turkey slices with
freezer burn;
c. in the refrigerator, there was one 48-ounce
(oz) jar of brown mustard (use by date 8/6/19),
and one 32-oz bottle of browning and
seasoning sauce (expired 5/9/19), and;
FORM CMS-2567(02-99) Previous Versions Obsolete
Event ID: FPWP11
Facility ID: CA020000010
If continuation sheet 10 of 13
PRINTED: 05/14/2026
FORM APPROVED
DEPARTMENT OF HEALTH AND HUMAN SERVICES
CENTERS FOR MEDICARE & MEDICAID SERVICES
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
OMB NO. 0938-0391
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X1) MULTIPLE CONSTRUCTION
A. BUILDING: ___________
B. WING: _______________
555466
(X3) DATE SURVEY
COMPLETED
09/12/2019
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
ASHBY CARE CENTER
2270 Ashby Avenue
Berkeley, CA 94705
(X4) ID
PREFIX
TAG
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION)
ID
PREFIX
TAG
PROVIDER'S PLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
DEFICIENCY)
(X5)
COMPLETE
DATE
d. in the dry storage room, there was one
storage container of split peas and one storage
container of white beans had open lids, and
that were not closed and sealed tight.
The DC stated the carrots and turkey slices
should not have ice build-up in them. DC stated
the sauces should have been thrown away,
and the lids for the dry bulk food should have
been closed and sealed.
Review of the facility's policy and procedure
titled, "Procedure for Freezer Storage," dated
2018, indicated "...5. Store frozen foods in an
air tight moisture-resistant wrapper...to prevent
freezer burn...."
Review of the facility's policy and procedure
titled, "Procedure for Refrigerated Storage,"
dated 2018, indicated "...13. Food that has
been freezer burned must be discarded...."
Review of the facility's policy and procedure
titled, "Storage of Food and Supplies," dated
2017, indicated "...6. Dry bulk foods (flour,
sugar, dry beans...) should be stored in
seamless metal or plastic containers with tight
covers, or in bins which are easily sanitized...."
F912
SS=B
Bedrooms Measure at Least 80 Sq Ft/Resident F912
CFR(s): 483.90(e)(1)(ii)
§483.90(e)(1)(ii) Measure at least 80 square
feet per resident in multiple resident bedrooms,
and at least 100 square feet in single resident
rooms;
This REQUIREMENT is not met as evidenced
by:
Based on observation and interview, the facility
had six resident (Rt) rooms (Rooms 1, 3, 5, 7,
8, and 9) with multiple beds that provided less
FORM CMS-2567(02-99) Previous Versions Obsolete
Event ID: FPWP11
Facility ID: CA020000010
If continuation sheet 11 of 13
PRINTED: 05/14/2026
FORM APPROVED
DEPARTMENT OF HEALTH AND HUMAN SERVICES
CENTERS FOR MEDICARE & MEDICAID SERVICES
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
OMB NO. 0938-0391
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X1) MULTIPLE CONSTRUCTION
A. BUILDING: ___________
B. WING: _______________
555466
(X3) DATE SURVEY
COMPLETED
09/12/2019
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
ASHBY CARE CENTER
2270 Ashby Avenue
Berkeley, CA 94705
(X4) ID
PREFIX
TAG
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION)
ID
PREFIX
TAG
PROVIDER'S PLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
DEFICIENCY)
(X5)
COMPLETE
DATE
than 80 square feet (sq.ft) per resident who
occupied these rooms.
This deficient practice had the potential to
result in inadequate space for the delivery of
care to each of the residents in each room, or
for storage of the residents' belongings.
Findings:
During an observation in the presence of
Maintenance Supervisor (MS) and Facility
Operations Manager on 9/11/19, at 10:30 a.m.,
the following rooms and corresponding square
footage (sq. ft) per bed were identified:
Room
1
3
5
7
8
9
Activity / Room Size
Floor Area
Rt room / 299.63 sq.ft 74.9 sq.ft
Rt room / 293.25 sq.ft 73.32 sq.ft
Rt room / 299 sq. ft
74.75 sq.ft
Rt room / 299 sq. ft
74.75 sq.ft
Rt room / 299 sq. ft
74.75 sq.ft
Rt room / 299 sq. ft
74.75 sq.ft
During an interview with Certified Nursing
Assistant (CNA) 2 on 9/11/19, at 12:45 p.m.,
CNA 2 stated he had enough space and there
was no problem getting in and out of the room.
CNA 2 added there were no complaints from
the residents and family.
During random observations of care and
services on 9/11/19, at 9:20 a.m. and again on
9/11/19, at 2:30 p.m., there was sufficient
space for the provision of care for the residents
in all rooms. There was no heavy equipment
kept in the rooms that might interfere with
residents care and each resident had adequate
personal space and privacy. There were no
complaints from the residents regarding
insufficient space for their belongings. There
were no negative consequences attributed the
decreased space and/or safety concerns in the
FORM CMS-2567(02-99) Previous Versions Obsolete
Event ID: FPWP11
Facility ID: CA020000010
If continuation sheet 12 of 13
PRINTED: 05/14/2026
FORM APPROVED
DEPARTMENT OF HEALTH AND HUMAN SERVICES
CENTERS FOR MEDICARE & MEDICAID SERVICES
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
OMB NO. 0938-0391
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X1) MULTIPLE CONSTRUCTION
A. BUILDING: ___________
B. WING: _______________
555466
(X3) DATE SURVEY
COMPLETED
09/12/2019
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
ASHBY CARE CENTER
2270 Ashby Avenue
Berkeley, CA 94705
(X4) ID
PREFIX
TAG
SUMMARY STATEMENT OF DEFICIENCIES
(EACH DEFICIENCY MUST BE PRECEDED BY FULL
REGULATORY OR LSC IDENTIFYING INFORMATION)
ID
PREFIX
TAG
PROVIDER'S PLAN OF CORRECTION
(EACH CORRECTIVE ACTION SHOULD BE
CROSS-REFERENCED TO THE APPROPRIATE
DEFICIENCY)
(X5)
COMPLETE
DATE
six rooms. Granting of room size waiver
recommended.
FORM CMS-2567(02-99) Previous Versions Obsolete
Event ID: FPWP11
Facility ID: CA020000010
If continuation sheet 13 of 13