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 develop and implement written policies and
procedures that included screening of prospective employees before being allowed to work with residents
when Certified Nursing Assistant (CNA) 1's personal/character references (someone who knows you well,
particularly on a personal level, to support your character, integrity, and trustworthiness) and previous
employer were not contacted for screening prior to being hired.
Residents Affected - Few
This failure had the potential to result in exposing vulnerable residents to abuse and mistreatment.
Findings:
During a review of Resident 2's admission Record (AR), the AR indicated Resident 2 was admitted to the
facility in January 2025 with diagnoses that included dependence on renal dialysis (a life-sustaining
treatment used when kidneys are unable to properly filter waste and excess fluid from the blood), and
muscle weakness.
During a review of Resident 2's Minimum Data Set (MDS, an assessment tool used to direct resident care),
dated 2/3/25, the MDS indicated Brief Interview for Mental Status (BIMS, a scoring system used to
determine the resident's cognitive status in regard to attention, orientation, and ability to register and recall
information) score of 12 indicating Resident 1 is moderately impaired.
During an interview on 4/24/25 at 1:38 p.m. with Director of Staff Development (DSD), DSD stated CNA 1
was hired by the facility in January 2025. DSD stated, at first, CNA 1's work performance was exemplary,
but after a few months, DSD stated, complaints from other staff started to come in, mostly about CNA 1's
bad work attitude. DSD stated there were reports of CNA 1's poor coordination with other staff and bad
behavior.
During a review of CNA 1's employee files, the files indicated several complaints that included the following:
1. On 3/20/25, a Licensed Nurse had to re-take residents' vital signs because of discrepancies with the
values taken by CNA 1. CNA 1 had an attitude problem when tasks were delegated to him and refused to
wear masks when going inside isolation and enhanced barrier precaution rooms.
2. On 3/28/25, CNA 1 was issued a verbal coaching for using his personal laptop during work hours.
During a follow-up interview and record review on 4/24/25 at 11:43 a.m. with DSD, DSD stated, on 4/7/25,
Resident 1 complained about CNA 1 being rough and aggressive during care. On 4/14/25, Resident
(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:
555189
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
555189
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/24/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Mercy Retirement & Care Center
3431 Foothill Blvd.
Oakland, CA 94601
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
2 filed a grievance that CNA 1 did not answer the call light for over an hour.
Level of Harm - Minimal harm
or potential for actual harm
During an interview on 4/24/25 at 1:37 p.m. Resident 3 stated CNA 1 had a Non-caring attitude.
Residents Affected - Few
During an interview on 4/24/25 at 2:48 p.m. with CNA 2, CNA 2 stated CNA 1 had a bad attitude, bossy,
and did not answer residents' call lights. CNA 2 stated CNA 1 seemed like he did not see or hear call lights
going off.
During a concurrent interview and review of CNA 1's employment files on 4/24/25 at 12:27 p.m. with DSD,
CNA 1's employment application listed a former employer and three individuals as references. DSD stated
Human Resources (HR) did not require reference checks for prospective employees. DSD stated it was the
facility's HR that conduct screening for prospective employees, and that while background screening was
done, reference checks were not completed because they were not required anymore.
During an interview on 4/24/25 at 12:40 p.m. with Assistant Executive Director (AED), AED stated reference
checks were still required and should be done by DSD. AED stated, if reference checks were not done, the
facility would not know the prospective employee's past performance and conduct with previous employer.
During a review of the facility's policy and procedure (P&P) titled Policy Interpretation and Implementation,
last revised 9/20/22, the P&P indicated, under Seven Components of Abuse Prevention Policy & Procedure,
all potential employees are screened for a history of abuse, neglect, exploitation, mistreatment of residents.
This includes attempting to obtain information from previous employers and/or current employers, and
checking with the appropriate licensing boards and registries.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555189
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
555189
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/24/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Mercy Retirement & Care Center
3431 Foothill Blvd.
Oakland, CA 94601
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
Timely report suspected abuse, neglect, or theft and report the results of the investigation to proper
authorities.
Based on interview and record review, for two of three sampled residents (Resident 1 and Resident 2), the
facility failed to ensure allegations of abuse or mistreatment were reported to officials that included the
State Survey Agency, Office of the Long-Term Care Ombudsman, and law enforcement officials within the
required time frame.
This failure had the potential to result in a lack of protection for residents alleging abuse or mistreatment.
Findings:
During a review of Resident 1's admission Record (AR), the AR indicated Resident 1 was admitted to the
facility in April 2023 with diagnoses that included anxiety disorder (a group of mental health conditions
characterized by excessive and persistent fear or worry that interferes with daily life) and a need for
assistance with personal care.
During a review of Resident 2's AR, the AR indicated Resident 2 was admitted to the facility in January
2025 with diagnoses that included dependence on renal dialysis (a life-sustaining treatment used when
kidneys are unable to properly filter waste and excess fluid from the blood), and muscle weakness.
During an interview on 4/24/25 at 11:43 a.m. with Director of Staff Development (DSD), DSD stated, on
4/7/25, during the resident council meeting, Resident 1 reported CNA 1 was rough and aggressive during
perineal care (the area of the body between the anus and the vulva in females and between the anus and
the scrotum in males). DSD stated, on 4/11/25, four days after Resident 1 reported the incident, DSD
interviewed CNA 1 about the alleged incident and CNA 1 was given verbal coaching (a form of coaching
that involves speaking with an employee about their performance or conduct, often used for minor issues or
concerns). DSD stated she had to wait until CNA 1 was scheduled to work on 4/11/25 to conduct the
interview about Resident 1's allegation. DSD stated CNA 1 was then allowed to work and was back on
schedule on 4/11/25 and 4/13/25. DSD stated, on 4/14/25, Resident 2 filed a grievance alleging CNA 1
pointed a finger at Resident 2 and said, You're not the only patient here! after Resident 2 got upset that
CNA 1 took a long time to answer the call light. DSD stated the alleged incident happened on the evening
shift on 4/13/25. DSD stated interviewing CNA 1 on 4/16/25, two days after the allegation, because CNA 1
was not scheduled to work until that day. DSD stated both incidents were reported to the State Survey
Agency, Long-Term Care Ombudsman and local law enforcement officials on 4/16/25.
During a telephone interview on 5/5/25 at 2:29 p.m., Registered Nurse (RN) 1 stated, in the evening shift on
4/13/25, Resident 2 was upset about waiting too long for CNA 1 to answer the call light. RN 1 stated he did
not know CNA 1 was on a meal break and sent CNA 3 to change Resident 2 after a bowel movement.
During a telephone interview on 5/5/25 at 2:36 p.m. with CNA 3, CNA 3 stated she was responding to
Resident 2's call light that had been on. CNA 3 stated Resident 2 was upset that CNA 1 did not answer the
call light and wanted to be changed after a bowel movement.
During a review of Resident 2's Administration Note (AN), dated 4/13/25, the AN indicated imodium
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555189
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
555189
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
04/24/2025
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Mercy Retirement & Care Center
3431 Foothill Blvd.
Oakland, CA 94601
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
A-D oral solution (anti-diarrheal medication) was administered because Resident 2 was having diarrhea.
Level of Harm - Minimal harm
or potential for actual harm
During a follow-up interview on 4/24/25 at 12:47 p.m. with DSD, DSD stated, although she received
Resident 2's grievance on 4/14/25, DSD stated she wanted to talk to CNA 1 first before the allegation was
reported to the appropriate agencies. DSD stated she should have reported the allegation right away.
Residents Affected - Few
During a review of the facility's policy and procedure (P&P) titled Elder and Dependent Adult Suspected
Abuse & Reporting, last revised 9/20/22, the P&P indicated, under Reporting Requirements, the facility
must Ensure that all alleged violations involving abuse, neglect, exploitation or mistreatment, including
injuries of unknown source and misappropriation of resident property, are reported immediately, but not
later than 2 hours after the allegation is made .Have evidence that all alleged violations are thoroughly
investigated.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555189
If continuation sheet
Page 4 of 4