F 0550
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or
her rights.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview, and record review, the facility failed to promote respect and dignity for one of one resident
(Resident 1) when Social Services (SS) A told Resident 1 she would call 911 (a telephone number for
emergencies) for a 5150 (the number of the section of the Welfare and Institutions Code, which allows an
adult who is experiencing a mental health crisis to be involuntarily detained for a 72- hour psychiatric
hospitalization when evaluated to be a danger to others, or to himself or herself, or gravely disabled)
assessment when the resident was trying to advocate for her roommate.
This failure had the potential to negatively affect the resident's dignity and psychosocial well-being.
Findings:
Review of Resident 1's face sheet (a document that gives a resident's information at a quick glance)
indicated Resident 1 was admitted to the facility on [DATE] with diagnoses of type 1 diabetes (a lifelong
condition where the pancreas makes little or no insulin, which leads to high blood sugar levels), major
depression disorder (a mental health disorder characterized by persistently depressed mood or loss of
interest in activities, causing significant impairment in daily life), anxiety disorder (a mental health disorder
characterized by feelings of worry, anxiety, or fear that are strong enough to interfere with one's daily
activities), pancreatic cancer (cancer that begins in the organ lying behind the lower part of the stomach pancreas), absence of both upper limbs below elbows and both legs above knees.
Review of Resident 1's Minimum Data Set (MDS, a clinical assessment tool), dated 3/19/24, indicated
Resident 1 had a brief interview for mental status [BIMS, a tool used to assess cognition (knowing,
learning, and understanding things)] score of 15 [a score of 0 to 7 indicates severe cognitive impairment,
8-12 moderate impairment, 13-15 patient is cognitively intact].
During an interview on 4/22/24 at 12:00 p.m. with Resident 1, Resident 1 stated she was trying to advocate
for her roommate who was having a fever on 4/14/24, however [SS A's name] came to the room and told
Resident 1 that she was going to call 911 and tell them Resident 1 was 5150, and they were going to take
her away. She also stated [SS A's name]'s statement made her feeling threatened. So she called the police
herself because she did not think she should be treated that way. She further stated nobody came to her to
clarify anything after the incident, and the management did not address the issue.
During an interview on 4/22/24 at 2:04 p.m. with Licensed Vocational Nurse (LVN) B, LVN B stated
(continued on next page)
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.
LABORATORY DIRECTOR'S OR PROVIDER/SUPPLIER
REPRESENTATIVE'S SIGNATURE
TITLE
(X6) DATE
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Facility ID:
If continuation sheet
Page 1 of 2
Event ID:
055750
Printed: 05/15/2026
Form Approved OMB
No. 0938-0391
Department of Health & Human Services
Centers for Medicare & Medicaid Services
STATEMENT OF DEFICIENCIES
AND PLAN OF CORRECTION
(X1) PROVIDER/SUPPLIER/CLIA
IDENTIFICATION NUMBER:
(X2) MULTIPLE CONSTRUCTION
055750
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
05/13/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Westwood Post Acute
1601 Petersen Avenue
San Jose, CA 95129
For information on the nursing home's plan to correct this deficiency, please contact the nursing home or the state survey agency.
(X4) ID PREFIX TAG
SUMMARY STATEMENT OF DEFICIENCIES
(Each deficiency must be preceded by full regulatory or LSC identifying information)
F 0550
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
the resident had to be danger to self and danger to others to qualify for 5150, someone had to have the
qualification to assess the resident and to diagnose. She further stated Resident 1 had been sweet to her,
she never had any problem taking care of Resident 1.
During an interview on 4/22/24 at 2:44 p.m. with SS C, SS C stated Resident 1 was alert an oriented, and
very expressive. On 4/14/24, Resident 1's roommate was having a fever, the facility informed the
roommate's sister, so the sister came to visit in the afternoon, Resident 1 was telling the sister Everyone
here is garbage, everyone is lying, they are not taking care of [roommate's name]! [SS B's name] is lying!
SS B and the sister had to step outside of the room to talk because Resident 1 would not stop talking.
During an interview on 4/22/24 at 3:03 p.m. with SS A, SS A stated SS C needed help with Resident 1's
situation, so she went to the room and told Resident 1, If your behavior continued to persist, I am going to
have to call 911, police then will come out and potentially do a 5150 assessment on you, and potentially to
send you out. She further stated she was not sure how to deescalate the situation besides bringing up 5150
in that moment, because Resident 1 had made multiple staffs cry that day. And it was like that with her
almost every day.
During an interview on 4/22/24 at 3:26 p.m. with the SS Director (SSD), the SSD stated she had directed
SS A not to have communications with Resident 1, because SS A was not Resident 1's assigned social
services staff. She further stated SS A should have not made the 5150 statements towards Resident 1, as it
could potentially cause distress.
During a review of the facility's policy and procedure (P&P) titled, Resident Rights , revised 12/2016, the
P&P indicated, ' 'Employees shall treat all residents with kindness, respect, and dignity. 1. Federal and state
laws guarantee certain basic rights to all residents of this facility. These rights include the resident's right to:
a. a dignified existence; b. be treated with respect, kindness, and dignity; h. be supported by the facility in
exercising his or her rights; i. exercise his or her rights without interference, coercion, discrimination or
reprisal from the facility; u. voice grievances to the facility, or other agency that hears grievances, without
discrimination or reprisal and without fear of discrimination or reprisal;
Based on interview, and record review, the facility failed to promote respect and dignity for one of one
resident (Resident 1) when Social Services (SS) A told Resident 1 she would call 911 (a telephone number
for emergencies) for a 5150 (the number of the section of the Welfare and Institutions Code, which allows
an adult who is experiencing a mental health crisis to be involuntarily detained for a 72- hour psychiatric
hospitalization when evaluated to be a danger to others, or to himself or herself, or gravely disabled)
assessment when the resident was trying to advocate for her roommate.
This failure had the potential to negatively affect the resident's dignity and psychosocial well-being.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
055750
If continuation sheet
Page 2 of 2