F 0551
Give the resident's representative the ability to exercise the resident's rights.
Level of Harm - Minimal harm
or potential for actual harm
Based on interviews and record review, the facility failed to ensure residents' rights were honored when the
facility limited Resident 1's legal representative's visitation to one hour a day.
Residents Affected - Few
This failure had violated Resident 1's visitation rights by not honoring exercising the resident's rights to
designate visitors of his/her choosing.
Findings:
During a review of Resident 1's History and Physical (H&P), dated 09/26/2019, the H&P indicated,
Resident 1 was admitted to the facility for continued tracheostomy (a surgically created hole in the windpipe
(trachea) that provides an alternative airway for breathing) care, anti-aspiration ( to avoid food or fluids
getting into the airway) measures, and pulmonary toilet ( exercises and procedures that help to clear the
airways of mucus and other secretions).
During a review of Resident 1's physician's progress note (PPN), dated 1/29/2024, the PPN indicated,
Resident 1 had past medical history including, but not limited to. respiratory failure (a condition when blood
does not have enough oxygen or too much carbon dioxide), severe encephalopathy (disease that affects
the whole brain and alters how it works causing changes in mental function), dysphagia (difficulty
swallowing), percutaneous endoscopic gastrostomy ( PEG)( a procedure to place a feeding tube into the
stomach) placement and tube feeding (a liquid form of nutrition provided through a flexible tube).
During an interview, on 1/30/2023, at 9:24 a.m., with RR 1, the RR1 stated, the facility limited RR1's
visitation hours to a one hour a day as of December 2023. The RR1 stated, the RR1 is Resident 1's
conservator ((a court arrangement where a judge appoints a responsible person (a conservator) to care for
another adult who cannot care for themselves [conservatee]) was not notified of the imposed restrictions
and the facility only kept in contact with the Resident 1's second conservator (RR 2). The RR1 stated, the
facility violated Resident 1's rights by attempting to implement unreasonable visitation hours disregarding
that the RR1 is Resident 1's conservator for Resident 1. The RR 1 further stated, the RR1 is not always
allowed to participate in Interdisciplinary Treatment (IDT) meetings (an essential part of collaborative care,
where physicians, nurses, therapists, social workers, and other professionals work together to plan and
coordinate patient care) and is not regularly updated about Resident 1's treatment plan.
During an interview on 1/30/2023 at 2:15 p.m., with the director of nursing (DON), the DON stated,
Resident 1 was admitted to the facility in 2019. The DON further stated, during Resident 1's stay at the
facility, there were multiple disturbing events involving Resident 1's Representative 1(RR1). The DON
further stated, the RR1 witnessed and documented disturbing behavior included, but no limited
(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:
555380
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
555380
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
01/30/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Encino Hospital Medical Center D/P Snf
16237 Ventura Blvd
Encino, CA 91436
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 0551
Level of Harm - Minimal harm
or potential for actual harm
to, yelling and threatening staff, physical assault to a charge nurse, disturbing other residents by looking for
staff in their rooms and playing loud music at night, verbal assaults and name calling, throwing objects at
staff, interfering with patient care and medication administration and physician's orders, not following
infection control rules, and closing the Resident 1's door when asked by nursing staff to keep the door open
for visual observation.
Residents Affected - Few
During a further interview on 1/30/2023, at 2:15 p.m., with the DON, the DON stated, the facility attempted
to address RR 1's behavior many times. The DON stated, the facility's manager (FM) received numerous
staff complaints about RR1's behavior and some staff resigned, as a result. The DON stated, management
addressed the RR1 inappropriate behavior many times by attempted educational sessions with RR1 and
there were instances when the security was called to the unit, but RR1's threats, outburst, and interruptions
in provision of Resident 1's care nevertheless continued.
During an interview on 1/30/2023, at 2:15 p.m., with Director of Nursing Services (DON), the DON stated,
on 12/05/2023, the facility restricted RR 1's visitation hours to a one-hour visitation time a day. The DON
stated, the facility determined that the presence of RR1 may present danger to the health and safety of
Resident 1 and the facility's staff. The DON further stated, the RR1 is no longer included in email
correspondence regarding Resident 1's health status and the facility only interacts with RR2 due to RR 1's
challenging behavior that is causing emotional distress to staff and interference with Resident 1's care.
During an interview on 1/30/2023, at 2:19 p.m., with the DON, the DON stated, on 9/20/2023, the facility
held an arranged meeting with RR1, RR2, and the ombudsman, to address disruptive behavior of RR1. The
DON stated, during the meeting, the resolution was achieved when RR1 agreed to improve the behavior
toward staff and not to interfere with Resident 1's treatments and care. The DON further stated, the
behavior of RR 1 did not improve as per conditions placed by the facility, to which RR1 and RR2 mutually
agreed to during the meeting held on 9/20/2023. The DON stated, on 12/4/2023, the RR 1's visitation hours
were reduced to one hour a day. The DON also stated, the email was sent to the RR2, and RR1 was not
notified of restricted visitation time.
During a further interview on 1/30/2023, at 2:21 p.m., with DON, the DON stated, during the meeting held
on 9/20/2023, the facility and RR2 came to an agreement, that all communication and email
correspondence regarding Resident 1's health status and treatment plan shall occur only between the
facility and RR 2 and no longer involved any communication with RR 1. The DON further confirmed, RR 1 is
a legal, appointed by the court, Resident 1's representative since 7/8/2023 and this status is current.
During a record review, on 1/30/2023, at 2:30 p.m., a copy of a document, titled Petition for Appointment of
Probate Conservator of the Person, (a court arrangement where a judge appoints a responsible person (a
conservator) to care for another adult who cannot care for themselves (conservatee) (Resident 1) dated
7/8/2021 was reviewed. The document indicated; two (2) representatives were appointed as conservators
for Resident 1 on 7/8/2021.
The facility failed to provide legal evidence indicating RR 1 is no longer obligated to be communicated with
regarding Resident 1's health status; the facility also failed to provide evidence report indicative RR 1 was
informed of restricted visitation hours.
During a review of the facility's policy and procedure (P&P) titled Visitation, dated 8/2023, the P&P
indicated, Any clinically necessary or reasonable restrictions or limitations imposed by the
(continued on next page)
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555380
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
555380
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
01/30/2024
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Encino Hospital Medical Center D/P Snf
16237 Ventura Blvd
Encino, CA 91436
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 0551
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
FORM CMS-2567 (02/99)
Previous Versions Obsolete
facility on a patient's visitation rights will be necessary to provide safe care to the patient or other patients.
A justified clinical restriction may include, but not limited to: Court order, behaviors presenting direct risk or
threat to the patient, facility staff, or others in the immediate environment, behavior disruptive of the
functioning of the patient care unit, patient risk of infection by the visitor .
During a review of the facility's policies and procedures (P&P) titled, Resident's Rights, dated 4/21/2023,
the P&P indicated, Patients' rights apply to the person who may have legal responsibility to make decisions
regarding medical care on behalf of the patient.
Event ID:
Facility ID:
555380
If continuation sheet
Page 3 of 3