F 0550
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or
her rights.
Based on interview and record review the facility failed to exercise the resident's right as a resident of the
facility for one out of three resident (Resident 1) when Resident 1 was not allowed to leave out on pass to
get her Covid-19 (Covid-19: a sickness caused by virus called severe acute respiratory syndrome
coronavirus 2) booster vaccine (lessens the severity of Covid-19 by teaching the person's immune system
to recognize and fight the virus that causes the disease) outside the facility.
This failure had the potential to effect on health and well-being to Resident 1
Findings:
During record review of Resident 1's face sheet (a document that gives a resident's information at a quick
glance) indicated, Resident 1 admitted to facility on 11/8/2021 and discharged home on 1/3/2022. Resident
1's admission diagnoses including compression fracture of T11-T12 vertebra (broken bones of the
spine[Spine: column of bones running from head down to the lower back]), osteoporosis (a bone disease
that develops when bone mineral density and bone mass decreases, or when quality or structure of bone
changes), and bronchiectasis (a condition in which the lungs' airways become damaged, making it hard to
clear mucus).
Review of Resident's minimum data set (MDS: clinical and functional assessment tool) dated 11/4/2021
indicated, Resident 1's brief interview for mental status (BIMS) indicated Resident 1 had short-term
(forgetting information to which the subject has been recently exposed) and long- term (trouble recalling the
information previously learned) memory problem.
Review of Resident1's immunization record from acute hospital (a level of healthcare wherein a resident
receives immediate yet brief treatment) dated 11/4/2021 indicated, Resident 1 received Covid-19 vaccine o
1/28/2021 and 3/11/2021.
Review of Resident 1's electronic medical record (digital version of resident's health record) for
psychological note dated 12/22/2021 indicated, Resident 1's family member requested for resident to be
taken out of the facility to get Covid-19 booster vaccine at healthcare clinic in local community. This note
further indicated facility staff explained to family member that Resident 1 was on Medicare (the federal
health insurance program covers in-patient care in skilled nursing facilities [SNF: an in-patient rehabilitation
and medical treatment center staffed with trained medical professionals), and family were not supposed to
go on leave of absence unless it was an emergency, and Resident 1 was not able to receive her Covid-19
booster vaccine during her stay in facility.
During an interview with facility's infection preventionist (IP) on 12/1/2023 at 2:08 p.m., IP
(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:
555757
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
555757
B. Wing
A. Building
(X3) DATE SURVEY
COMPLETED
12/05/2023
NAME OF PROVIDER OR SUPPLIER
STREET ADDRESS, CITY, STATE, ZIP CODE
Milpitas Care Center
120 Corning Avenue
Milpitas, CA 95035
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 0550
Level of Harm - Minimal harm
or potential for actual harm
Residents Affected - Few
confirmed Resident 1 received initial Covid-19 vaccine on 3/11/2021 more than 6 months ago and she was
eligible to take Covid-19 booster vaccine on 12/22/2021 based on guidance from all facilities letter (AFL: a
letter from Center for Health Care Quality [CHCQ: the largest center in California Department of Public
Health to protect the quality and safety of health care for all Californians], licensing and certification[L&C:
responsible for the oversight of licensed healthcare facilities and agencies] program to health facilities that
are licensed or certified by L&C with information contained in the AFL may include changes in requirements
in healthcare, enforcement, new technologies, scope of practice or general information that affects the
health facility) 21-42 dated 11/12/2021. IP also confirmed AFL21-42 indicated residents were encouraged
to use local community vaccination sites to get vaccinated. IP stated facility should have followed the AFL
21-42 and allowed Resident 1 to go to a healthcare clinic with her family member to get her booster vaccine
12/22/2021.
During an interview with facility's social service director (SSD) on 12/1/2023 at 3:06 p.m., SSD stated the
facility should have not stopped resident's family member to get her Covid-19 booster vaccine. SSD also
stated Resident 1's should have exercise her rights and allowed her to get her booster vaccine.
During concurrent interview and record review of Resident 1 with director of Nursing (DON) on 12/1/2023 at
3:18 p.m., DON stated facility should have followed the AFL 21-42 for Covid-19 booster vaccine guidance
for all residents. DON also stated Resident 1 was eligible to get his Covid-19 booster vaccine and facility
should have allowed Resident 1's family member to took Resident 1 to the outside clinic to get her Covid-19
booster vaccine on 12/22/2021.
During a review of AFL 21-42, titled, Coronavirus Disease 2019 (Covid-19) Vaccination and Booster Dose
Guidance, dated 11/12/2021, the AFL21-42 indicated, Vaccine recipients are eligible for a booster vaccine
at least 6 months after completing their initial series. Vaccination appointments in Nearby Pharmacies or
Healthcare Provider ' s offices: SNF residents and HCP (healthcare personnel) who are willing and able to
travel to a vaccination site are encouraged to use vaccination sites in their local community (i.e., nearby
pharmacies or healthcare provider ' s office); this may be the fastest way to get vaccinated. There are
multiple online resources to locate and schedule an appointment.
During a review of facility's policy and procedure (P&P) titled, Resident Rights, revised 12/2016, the P&P
indicated, communication with and access to people and services, both inside and outside the facility. Equal
access to quality care, regardless of source of payment.
FORM CMS-2567 (02/99)
Previous Versions Obsolete
Event ID:
Facility ID:
555757
If continuation sheet
Page 2 of 2