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Inspection visit

Inspection

MILPITAS CARE CENTERCMS #5557571 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

This survey cited 1 deficiency. The full statement and the facility’s plan of correction follow, verbatim from the federal record.

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

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Citations

1 citation recorded*CMS

What do CMS severity letters mean?

Serious (G-L). Actual harm to a resident, or immediate jeopardy. Codes G through I indicate actual harm; J through L indicate immediate jeopardy to resident health or safety.

General (A-F). No actual harm found, or harm that is minimal. The facility must still submit a Plan of Correction. Most CMS citations land here.

Each letter combines severity with scope: how many residents the deficiency affected.

  • 0550GeneralS&S Dpotential for harm

    F550 - Resident Rights

    Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her rights.

FAQ · About this visit

Common questions about this visit

What happened during the December 5, 2023 survey of MILPITAS CARE CENTER?

This was a inspection survey of MILPITAS CARE CENTER on December 5, 2023. The surveyor cited 1 deficiency, recorded on the federal Form 2567 statement of deficiencies.

Were any deficiencies cited at MILPITAS CARE CENTER on December 5, 2023?

Yes, 1 deficiency was cited, each with a CMS Scope and Severity grade. The first was: "Honor the resident's right to a dignified existence, self-determination, communication, and to exercise his or her right..."

What type of survey was this?

This was a inspection survey conducted by state surveyors under federal Centers for Medicare & Medicaid Services (CMS) oversight. Findings are published on CMS Care Compare.

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Next steps

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Data from CMS Care Compare public records. Dataset last refreshed . If you believe any information is inaccurate, report it here.