F 0609
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Timely report suspected abuse, neglect, or theft and report the results of the investigation to proper
authorities.
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on
interview and record review the facility failed to report allegations of abuse according to the facility's policy
and procedure (P&P) titled, Abuse, Neglect and Exploitation, for one of three sampled Residents (Resident
1), when Resident 1 reported a resident-to-resident verbal altercation to licensed vocational nurse (LVN) 1
on 2/9/25 and LVN 1 failed to report the incident .
This failure resulted in the incident of abuse being reported three days later causing Resident 1 distress
when Resident 1 continued to encounter Resident 2 during smoking breaks and was not monitored or
separated by the facility staff. This failure exposed Resident 1 to further verbal altercations and emotional
distress.
Findings:
During a review of Resident 1's admission Record (AR- a summary of information regarding a resident
which includes patient identification, past medical history, insurance status, care providers, family contact
information and other pertinent information), the AR indicated, Resident 1 was admitted to the facility on
[DATE] with diagnosis for cerebral infarction (blood flow to the brain is blocked), attention deficit
hyperactivity disorder (attention difficulty and impulsiveness), bipolar disorder (mood changes from sad to
manic), anxiety (intense worry and fear), adult failure to thrive and history of suicidal behavior.
During a review of Resident 1's Minimum Data Set [MDS a resident assessment tool used to identify
cognitive (mental processes) and physical functional level assessment] dated 1/23/2025, the MDS
indicated, Resident 1's Brief Interview for Mental Status (BIMS screening tool used to assess resident
cognitive level) score was 15 out of 15 (0 - 7 indicated severe cognitive impairment [memory loss, poor
decision making skills] 8 12 moderate cognitive impairment, (13 -15) cognitively intact) which indicated
Resident 1 was cognitively intact.
During an interview on 2/12/25 at 12:17 p.m. with Licensed Vocational Nurse (LVN) 1, LVN 1 stated on
2/9/25 Resident 1 had attempted to enter the dining room to watch television and was denied access from
Resident 2. LVN 1 stated Resident 1 had reported on 2/9/25 that Resident 2 was yelling profanity and
kicked Resident 1 out of the dining room. LVN 1 stated Resident 1 was upset and crying at the time of the
incident. LVN 1 stated the incident was considered a resident-to-resident altercation and a form of abuse
but was not reported. LVN 1 stated it was the facility process to document and report all resident
altercations for their safety, monitoring and protection. LVN 1 stated the failure to report the incident
resulted in Resident 1 being exposed to further altercations with Resident 2 and lack of monitoring from the
facility staff. LVN 1 stated there was a potential for further
(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 3
Event ID:
555115
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
555115
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
02/12/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Majestic Mountain Care Center
40131 Highway 49
Oakhurst, CA 93644
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 0609
distress for Resident 1.
Level of Harm - Minimal harm
or potential for actual harm
During an interview on 2/12/25 at 12:41 p.m. with Resident 1, Resident 1 recalled incident that occurred on
2/9/25 with Resident 2. Resident 1 stated he had entered the dining room to watch television with group of
residents. Resident 1 stated Resident 2 began to yell at Resident 1 stating he could not be in there and
needed to leave. Resident 1 stated Resident 2 was yelling out profanity and calling him a piece of shit while
also insulting Resident 1's wife. Resident 1 stated he exited the dining room following the incident and
reported the altercation to LVN 1. Resident 1 stated the incident made him feel like shit and he became
angry with tears the day of the incident. Resident 1 stated since the incident occurred, he felt bothered by
Resident 2's attempts to continue to get under my skin. Resident 1 stated he was around Resident 2
following the incident and felt uncomfortable every time Resident 1 saw Resident 2. Resident 1 stated he
had to share a smoking break with Resident 2 today which made him feel uncomfortable. Resident 1 stated
he attempted to separate himself from Resident 2 during the smoking break and proceeded to immediately
leave the area once he was done smoking. Resident 1 stated when Resident 2 was around him anywhere
in the facility, Resident 1 would leave and go back to his room or another area away from Resident 2.
Residents Affected - Few
During an interview on 2/12/25 at 1:46 p.m. with the assistant director of nurses (ADON), the ADON stated
the facility process was to document, report and monitor resident to resident altercations that occurred in
the facility. The ADON stated the facility was not made aware that an incident had occurred on 2/9/25
between Resident 1 and Resident 2 in the dining room. The ADON stated LVN 1 had not reported the
incident to the facility administration and had not completed required documentation. The ADON stated
when the incident was not reported and documented, Resident 1 and Resident 2 had not received
monitoring to prevent further altercations. The ADON stated the failure to report placed Resident 1 at risk
for further verbal altercations with Resident 2.
During a record review of Resident 1's Progress Note (PN), dated 2/12/25, the PN indicated, . Resident
came to my office and stated another resident had verbally assaulted him and that the resident had called
him names using foul language and that he was kicking him out of the dining hall and that he was saying
things about his wife and at the time of the interview resident became tearful and started to cry, resident
stated he is not a good person he always talks bad to staff and to other residents and he wished to not be
around him any longer and he sated I don't like mean people and [Resident 2] is rude and disrespectful .
During a record review of Resident 1's Progress Note, dated 2/13/25, the PN indicated, . resident to
resident verbal altercation . residents continue to be separated in the facility and during scheduled smoke
times .
During a review of Resident 1's Progress Note, dated 2/13/25, the PN indicated, . [Resident 1] went on
saying that [Resident 2] is often verbally mean and uses foul language at him. I asked [Resident 1] if he
starts talking to [Resident 2] first, he responded no, that he tries to ignore him . [Resident 1] responded he
will not allow someone to verbally abuse him or talk ill about his wife. [Resident 1] stated that [Resident 2]
initiates the conversation every time . no episodes of tears or crying noted but [Resident 1] did seem
emotionally upset while talking .
During a telephone interview on 2/26/25 at 4:17 p.m. with certified nursing assistant (CNA) 2, CNA 2 stated
that on 2/9/25, Resident 1 entered the dining room to attend a resident gathering. CNA 2 stated when
Resident 1 entered the dining room, Resident 2 began yelling profanity and telling Resident 1 to leave the
dining room. CNA 2 stated Resident 1 began to cry and left the dining room to head
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555115
If continuation sheet
Page 2 of 3
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
555115
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
02/12/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Majestic Mountain Care Center
40131 Highway 49
Oakhurst, CA 93644
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 0609
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
back to his room. CNA 2 stated Resident 1 was upset and refused to attend the resident gathering any
further following the altercation. CNA 2 stated LVN 1 was present in the dining room when the incident
happened.
During a review of the facility's policy and procedure (P&P) titled, Abuse, Neglect and Exploitation, dated
12/19/2022, the P&P indicated, .it is the policy of this facility to provide protections for the health, welfare
and rights of each resident by developing and implementing written policies and procedures that prohibit
and prevent abuse, neglect, exploitation and misappropriation of resident property . abuse means the willful
infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain
or mental anguish, which can include staff to resident abuse and certain resident to resident altercations .
instances of abuse of all residents, irrespective of any mental or physical condition, cause physical harm,
pain or mental anguish. It includes verbal abuse, sexual abuse, physical abuse, and mental abuse . willful
means the individual must have acted deliberately . verbal abuse means the use of oral, written or gestured
communication or sounds that willfully includes disparaging and derogatory terms to residents or their
families, or within hearing distance regardless of their age, ability to comprehend, or disability . the facility
will develop and implement written policies and procedures that . establish policies and procedures to
investigate any such allegation and include training for new and existing staff on activities that constitute
abuse . employee training . training topics . identifying what constitutes as abuse . recognizing signs of
abuse . reporting process for abuse . the identification, ongoing assessment, care planning, for appropriate
interventions, and monitoring of residents with needs and behaviors which might lead to conflict or neglect .
the facility will make efforts to ensure all residents are protected from physical and psychosocial harm .
responding immediately to protect the alleged victim and integrity of the investigation . examining the
alleged victim for any injury . increased supervision of alleged victim and residents . protection from
retaliation . providing emotional support and counseling to the resident during and after the investigation .
the facility will have written procedures that include reporting of all alleged violations to the administrator,
state agency, adult protective services and to all other required agencies within specified timeframes .
immediately, but not later than 2 hours after the allegation is made, if the events that cause the allegation
involve abuse or result in serious bodily injury or not later than 24 hours if the events that cause the
allegation do not involve abuse and do not result in serious bodily injury .
Event ID:
Facility ID:
555115
If continuation sheet
Page 3 of 3