F 0742
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Provide the appropriate treatment and services to a resident who displays or is diagnosed with mental
disorder or psychosocial adjustment difficulty, or who has a history of trauma and/or post-traumatic stress
disorder.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
observation, interview and record review, the facility failed to provide appropriate evaluation, treatment and
services to attain the highest practicable mental and psychosocial well-being for one of four sampled
residents (Resident 2), when Resident 2 continued to increase his aggression, including scratching, and
biting a Certified Nursing Assistant (CNA) C.
This deficient practice had the potential for the resident not to receive the necessary treatment promptly to
help with his behaviors and place other residents and staff in danger.
Findings:
Review of a hospital Discharge Summary Notes dated 9/1/2022, indicated Resident 2 had discharge
diagnoses including acute delirium and acute psychosis and had been brought into the emergency room by
the police department under a 5150 hold (a mental health crisis to be involuntarily detained for 72-hour
psychiatric hospitalization when evaluated to be a danger to others, him/herself and or gravely disabled)
after Resident 2 became agitated, throwing pots and pans and combative at another facility. In the
emergency room, he was placed in four-point restraints (restraining both arms and legs due to physical
combativeness).
On 10/4/2022, the Administrator sent to the California Department of Public Health (CDPH) a 5-day follow
up letter regarding an unrelated incident regarding Resident 2 and a staff member on 9/30/2022. She
documented Resident 2 had diagnoses including dementia with behavioral disturbances and an anxiety
disorder and was exhibiting physical volatile behaviors and barricading his door. Continued documentation
on 9/28/2022 showed while CNA C was assisting Resident 2 in activities of daily living (ADL) care,
Resident 2 bit and scratched the CNA.
Clinical record review for Resident 2, conducted on 6/27/2023, indicated Resident 2 had diagnoses
including dementia (impairment of memory and abstract thinking) with behavioral disturbances and
unspecified psychosis (severe mental condition in which thought, and emotions are affected, disconnected
from reality).
Review of Resident 2's Minimum Data Set (MDS-an assessment tool) dated 9/7/2022, showed he was
verbally abusive and resisted care occurring every one to three days.
Review of Resident 2's care plans showed on 9/6/2022, a careplan was initiated to address his behaviors:
abusive language, yelling/screaming, threatening behavior, kicking/hitting,
(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 4
Event ID:
055866
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
055866
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/05/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Plum Tree Care Center
2580 Samaritan Drive
San Jose, CA 95124
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 0742
pinching/scratching/spitting, gabbing, biting, and pushing.
Level of Harm - Minimal harm
or potential for actual harm
Review of Resident 2's Skilled Charting note dated 9/9/2022 at 3:41 p.m., showed he did not exhibit any
signs/symptoms of delirium, or physical/verbal behaviors.
Residents Affected - Few
Review of Resident 2's Behavior Notes indicated:
1. On 9/9/2022 at 5:41 p.m.: attempted to exit out the side door of the facility. When the Licensed Vocational
Nurse (LVN) attempted to calm the resident down and redirect him into his room, the resident became
verbally aggressive and agitated.
2. On 9/9/2022 at 9:23 p.m.: yelling slurs, cursing, and was agitated with the staff.
3. On 9/22/2022 at 10:22 p.m.: continuously kicking the door at 9 p.m., refusing medications, difficult to
redirect, other residents were complaining of the noise,
4. On 9/27/2022 at 7 a.m. (late entry): DON and ADON notified of inappropriate behavior, behavior has
been ongoing but progressively worsening since COVID isolation, yelling, cursing at staff, throwing items in
room, writing on walls and furniture, scratched both sides of the face and bit Certified Nursing Assistant
(CNA) C on his forearm.
5. On 9/28/2022 at 6:41 a.m. (late entry): kicking, biting, and yelling at staff, defacing furniture.
6. On 9/29/2022 at 7:09 a.m.: combative, screaming and cursing at the staff, unable to redirect and console,
started throwing items in the room (chairs, tables, trash bins), kicking bathroom door, writing on the walls,
used furniture to block the door, and refused care.
7. On 9/30/2022 at 5:41 a.m. (late entry): barricade himself in room blocking entrance, yelling obscenities,
and banging on the walls.
8. On 9/30/2022 at 6:42 a.m.: locked himself in the room, barricading entrance door, yelling, calling names,
and writing on furniture.
9. On 9/30/2022 (3 days after DON notified of behaviors) at 10:47 a.m.: refused help, combative, tried to
leave the facility several times, screaming profanities at staff, barricaded door, DON notified and 911 was
called.
Review of Resident 2's Incident Note dated 9/30/2022 at 2 p.m., showed the DON documented this
morning it was reported Resident 2 was exhibiting behaviors putting the staff and resident at risk for harm.
The DON, the Assistant Director of Nurses (ADON) and the Director of Social Service (DSS) approached
Resident 2's room and when the resident was asked if they may enter, he slammed the door, was calling
out profanities and barricaded the door shut. The DON, ADON and DSS noted profanities written on the
walls in Resident 2's room and on the door frame. In addition, the staff heard noises of furniture being
thrown around in Resident 2's room.
The staff then called 911 (emergency number) and three police officers attempted to enter Resident 2's
room for about 10 minutes before they were able to open the door and enter Resident 2's room. Resident 2
was then placed on a 5150 hold.
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
055866
If continuation sheet
Page 2 of 4
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
055866
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/05/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Plum Tree Care Center
2580 Samaritan Drive
San Jose, CA 95124
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 0742
The Administrator's Interview Records showed:
Level of Harm - Minimal harm
or potential for actual harm
a. On 9/30/2022, CNA C: Resident 2's behaviors became worse when he got COVID (per admission
Record: COVID 9/21/2022). The resident was trying to exit the building and as he was changing his clothes,
Resident 2 scratched CNA C's face and bit his right forearm. In addition, Resident 2 continued to hit and
kick CNA C and was yelling.
Residents Affected - Few
b. On 9/30/2022, Licensed Vocational Nurse (LVN) F: Resident 2 is very volatile, very angry, throws a fit,
pounds on the wall. Resident 2 would barricade himself in his room, kick and throw stuff.
c. On 9/30/2022, CNA D: he (Resident 2) was horrible, he was very angry and agitated, he would throw
things and bang on the wall. His neighbor (another resident) would respond and bang on the wall as well. I
was not able to take care of him because of his agitation.
d. On 10/4/2022, Resident 3 (next door from Resident 2) stated Resident 2 would yell at the staff using
profanity, bang on the wall, and moving furniture inside his room. He stated at 2-3 a.m., Resident 2 would
be playing his keyboard (musical instrument). I am glad he (Resident 2) is gone from the facility.
Review of Resident 2's Emergency Department Provider Report dated 9/30/2023 at 11:39 a.m., showed
the resident was sent to the emergency room for altered mentation. The skilled nursing facility staff stated
Resident 2 was getting progressively more confused and, in the ER, was placed on a hold given his
agitation and concerns for grave disability. The resident was on day 9 of 10 for COVID isolation.
Review of Resident 2's Emergency Department Module/Management (EDM) Note dated 9/30/2022 at
12:07 p.m., showed the resident was very confused, aggressive, somewhat combative at times and very
hard to redirect.
Review of Resident 2's hospital's Admission/Shift assessment dated [DATE] at 6:30 p.m., showed he had
slurred, disorganized speech and short- and long-term memory impairment.
On 6/27/2023 at 2:45 p.m., an interview was conducted with the Administrator. When she was asked the
reason Resident 2 was not evaluated for his change in behaviors until he was sent to the emergency room
on 9/30/2022, she stated the resident was redirectable. A follow-up email from the Administrator was
received on 6/28/2023 at 4:37 p.m. The Administrator stated Resident (2) was stable at the hospital for
several days with routine medications that we could manage. Resident was admitted on [DATE]. First week
was without incident. On 9/9/22 there was some verbal aggression, however the patient was redirected and
able to be calm after that. Resident 2 contracted COVID on 9/21/22 and struggled with isolation
requirements. On 9/22/23 resident had kicking the door behaviors and we were able to get him to calm
down. On 9/27 resident had an incident with a CNA and scratched the CNA. On 9/28 defacing furniture.
Neither the 9/27 or 9/28 would qualify for a 5150. The police will only 5150 a patient if they witness the
behavior and must be a danger to self or others, and only if they cannot get them to calm down.
On 7/3/2023 at 3:10 p.m., a telephone interview was conducted with CNA D. She stated Resident 2 had
behavior episodes of verbal and physical aggression. CNA D stated the resident would block his entrance
door with overbed tables and isolation bins. He would swear and curse at the staff, and you could hear him
(the resident) banging on the walls and throwing things in his room. CNA D stated other
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
055866
If continuation sheet
Page 3 of 4
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
055866
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
07/05/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Plum Tree Care Center
2580 Samaritan Drive
San Jose, CA 95124
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 0742
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
residents would hear Resident 2 banging all night and Resident 3 complained about the noise. When CNA
D was asked how often Resident 2 would bang on the walls and throw things, she stated definitely every
night, more than a week and the facility did nothing about it. She stated she knew Resident 2 had scratched
CNA C's eye.
On 7/4/2023 at 7:55 a.m., a telephone interview was conducted with CNA C. He stated Resident 2 was
confused intermittently and his behaviors became worse a few days after he developed COVID (9/21/2022)
and was placed in isolation. CNA C stated Resident 2 got resistive to care, became aggressive with exit
seeking, and would throw things (furniture) inside his room. He stated Resident 2 scratched his face (CNA
C), knocked my eyeglasses off and clawed me from the hairline to my chin. In addition, he stated Resident
2 also bit my left forearm through the isolation gown and broke the skin, hit me a couple of times and
punched me. CNA C stated Resident 2 would barricade himself inside his room, would throw things and
played his piano at night at a maximum volume. CNA C stated other residents, including Resident 3,
constantly complained about Resident 2's behaviors and he reported these incidents to the nurse who
notified the management team. When CNA C was asked about Resident 2 writing on the walls, he stated
he witnessed Resident 2 writing profanities and racial slurs on the wall and on the bed, trash cans, at least
a dozen different locations. He stated two days later, Resident 2 was transferred out of the facility.
Clinical record review for Resident 3 was conducted on 7/5/2023. His MDS dated [DATE] showed he was
cognitively intact and had no behavior problems.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
055866
If continuation sheet
Page 4 of 4