F 0607
Develop and implement policies and procedures to prevent abuse, neglect, and theft.
Level of Harm - Minimal harm
or potential for actual harm
Based on interview and record review, the facility failed to follow the facility abuse policy and procedure to
protect and prevent further potential abuse for one of four sampled residents (Resident 1) when the facility
allowed Certified Nursing Assistant (CNA) 1 to continue to provide direct patient care after Resident 1
made an abuse allegation. The failure to complete a thorough investigation of CNA 1 had pushed and
slapped Resident 1 ' s arm during linen change resulted in psychosocial harm for Resident 1 and the
potential for physical abuse for other residents.
Residents Affected - Few
Findings:
During a record review of Resident 1 ' s admission Record dated 8/5/24, the admission record indicated
Resident 1 had diagnosis of femoral shaft fracture of left femur (broken thigh bone).
During a record review of Resident 1 ' s Minimum Data Set (MDS-an assessment used to guide care) dated
7/22/24, the assessment indicated Resident 1 had a Brief Interview of Mental Status exam (BIMS, is a
scoring system used to determine the resident ' s cognitive status in regard to attention, orientation, and
ability to register and recall information. A BIMS score of thirteen to fifteen is an indication of intact cognitive
status) score of 12 out of 15 and indicated mildly impaired cognition.
During a review of Resident 1 ' s care plan dated 7/16/24, the care plan indicated Resident 1 is at risk for
ADL [Activities of Daily Living, Activities of daily living are those needed for self-care and mobility and
include activities such as bathing, dressing, grooming, oral care, ambulation, toileting, eating, transferring,
and communicating.] / mobility decline and requires .will have needs anticipated and met by staff .2 person
assist with ADLs .encourage to participate in ADLs to promote independence .monitor for changes in
condition or declines in ability to participate in ADLs, decreased strength, increased weakness, or changes
in cognition .
During a phone interview on 9/10/24, at 11:51 a.m., with Resident 1, Resident 1 stated on 8/3/24 at 3 a.m.
during a change of soiled bed linen, CNA 1 pushed Resident 1 ' s arm with force and then slapped
Resident 1 ' s arm, when Resident 1 told CNA 1 the linen was still wet and dirty underneath her. Resident 1
stated she yelled out in pain and reported to Licensed Vocational Nurse (LVN) that CNA 1 had slapped her.
Resident 1 stated she also called 911 and reported it to the police. Resident 1 stated having CNA 1 to
continue to work at the facility on that day, made her fearful of retaliation and scared. Resident 1 stated I
was ready to call 911 again.
During a phone interview on 9/13/24 at 11:15 a.m., with CNA 1, CNA 1 stated on 8/3/24, she was removed
from caring for Resident 1 by LVN 1. CNA 1 stated she continued to work the remainder of her shift
providing care to the other 20 patients. CNA 1 denied the accusation.
(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:
555067
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
555067
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
09/27/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
McClure Post Acute
2910 McClure Street
Oakland, CA 94609
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 0607
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
During a phone interview on 9/13/24, at 11:26 a.m., with LVN 1, LVN 1 stated LVN 1 was the charge nurse
on duty on 8/3/24. LVN 1 stated CNA 1 was providing ADL care to Resident 1 and changing the dirty linen,
when Resident 1 reported CNA 1 had slapped her arm. LVN stated after the Resident 1 called the police at
3:20 a.m., LVN 1 informed the DON of the incident. LVN 1 stated the DON instructed LVN 1 to remove CNA
1 from providing care for Resident 1 but CNA 1 could continue to work providing care to the other 20
patients for the remainder of the shift.
During an interview on 9/10/24, at 12:35 p.m., with the Director of Nursing (DON), the DON stated LVN 1
told the DON of Resident 1 ' s complaint of being alleged hit on 8/3/24 at 3:30 a.m., by LVN 1. The DON
stated she told LVN 1 to remove the CNA 1 from Resident 1 ' s care but let CNA 1 continue to work her full
shift providing care to other residents. The DON stated the abuse investigation was completed on 8/6/24.
During a review of Resident 1's undated investigation summary report, the report indicated Resident 1's
allegation of abuse incident was completed and signed on 8/6/24 by the DON. The report indicated it was
faxed to the Department on 8/7/24.
During a concurrent interview and review of the facility provided document titled Detail Time and Job
undated, with the DON, the DON stated CNA 1 clocked in, and started her shift on 8/2/24 at 11:00 p.m.,
and clocked out for lunch break on 8/3/24 at 03:00 a.m. The DON stated CNA 1 then clocked back in on
8/3/24 at 3:31 a.m. and clocked out at the end of the shift on 8/3/24 at 8:04 a.m. The DON stated CNA 1
stayed 30 minutes overtime to write a narrative of the incident.
During a review of the facility's policy and procedure (P&P) titled Abuse, Neglect, Exploitation or
Misappropriation – Reporting and Investigating revised September 2022, the P&P indicated Any
employee who has been accused of resident abuse is placed on leave with no resident contact until the
investigation is complete.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555067
If continuation sheet
Page 2 of 2