Health inspection·August 21, 2025

§483.12 Freedom from Abuse, Neglect, and Exploitation The resident has the right to be free from abuse, neglect, misappropriation of resident property, and exploitation as defined in this subpart. This includes but is not limited to freedom from corporal punishment, involuntary seclusion and any physical or chemical restraint not required to treat the resident’s medical symptoms. §483.12(a) The facility must— §483.12(a)(1) Not use verbal, mental, sexual, or physical abuse, corporal punishment, or involuntary seclusion; 22 CCR § 72315. Nursing Service--Patient Care. (b) Each patient shall be treated as individual with dignity and respect and shall not be subjected to verbal or physical abuse of any kind. 22 CCR § 72527 Patient’s Rights. (a) Patients have the rights enumerated in this section and the facility shall ensure that these rights are not violated. The facility shall establish and implement written policies and procedures which include these rights and shall make a copy of these policies available to the patient and to any representative of the patient. The policies shall be accessible to the public upon request. Patients shall have the right: (10) To be free from mental and physical abuse. 22 CCR § 72523 Patient Care Policies and Procedures. (a) Written patient care policies and procedures shall be established and implemented to ensure that patient related goals and facility objectives are achieved. An unannounced visit was conducted by California Department of Public Health (CDPH) on 7/16/2025 to investigate a Facility Reported Incident (FRI) regarding an allegation that Resident 2 hit/slapped/scratched Resident 1. The facility failed to protect Resident 1 from physical abuse (intentional bodily injury such as pinching, slapping and hitting) when Resident 2 hit, slapped, and scratched Resident 1 on 7/1/2025 in accordance with the facility’s policy and procedure (P&P) titled, “Abuse Prevention Program,”. As a result, Resident 1 had abrasions (wound where skin rubs off due to friction) on Resident 1’s left face, left upper cheek and left side of the forehead; abrasion on the middle left outer forearm; bruising on the distal (location on the body farther away from the center of the body) left outer wrist; and an abrasion on the right Achilles (back of the lower leg connecting the calf muscles to the heel bone) and placed the resident at risk for psychosocial (combined influence of psychological factors and the surrounding social environment on physical, emotional, and/or mental wellness) harm. A review of Resident 1’s Admission Record, the Admission Record indicated Resident 1, a 78-year-old-female, was admitted to the facility on 6/5/2025, with the diagnoses including but not limited to metabolic encephalopathy (abnormalities of water, electrolytes, vitamins, and other chemicals that adversely affect the brain function), dementia (progressive brain disorder that slowly destroys memory and thinking skills), and difficulty in walking. A review of Resident 1’s Minimum Data Set (MDS, a resident assessment tool), dated 6/9/2025, the MDS indicated the resident’s cognitive (mental action or process of acquiring knowledge and understanding) skills for daily decision making were severely impaired. The MDS indicated Resident 1 was dependent (helper does all of the effort, resident does none of the effort to complete the activity) for sitting to lying, lying to sitting on side of bed, sitting to standing, and chair-bed-to-chair transferring. A review of Resident 1’s SBAR (Situation-Background-Assessment-Recommendation is a technique used to provide a framework for communication between members of the health care team), dated 7/1/2025, the SBAR indicated Resident 1 was involved in an altercation with her roommate. The SBAR indicated at approximately 4 AM, after staff reported the altercation, noted Resident 1 sitting on the floor and Resident 2 attempting to hit Resident 1. The SBAR indicated Residents 1 and 2 were separated and noted scratches on Resident 1’s left upper cheek, left side of the forehead, left forearm, and anterior aspect of the right heel. A review of Resident 1’s Nursing Note, dated 7/1/2025, the note indicated Resident 1 had four new wounds acquired in-house as follows: - Skin issue #1: left face, left upper cheek and left side of the forehead abrasions. - Skin issue #2: Middle left outer forearm abrasion. - Skin issue #3: Distal left outer wrist bruising. - Skin issue #4: Right Achilles abrasion. A review of Resident 1’s care plan, dated 7/1/2025, the care plan indicated physical altercation with resident’s roommate (Resident 2), Resident 1 is the victim, and Resident 1 sustained scratch marks on the left arm, left cheek, left side of the forehead and right anterior aspect of the ankle and right anterior aspect of the ankle. A review of Resident 1’s Interdisciplinary Team (IDT, group of healthcare professionals from diverse fields who work in a coordinated manner toward a common goal for the resident) Conference Record, dated 7/2/2025, the IDT record indicated Resident 1 was seen by staff being attacked by the resident’s roommate (Resident 2). The IDT also indicated when charge nurse arrived both residents (Resident 1 and 2) were on the floor and Resident 2 was attempting to continue to hit/scratch/slap Resident 1. The IDT also indicated upon assessment Resident 1 was noted with scratch marks on the left arm, left cheek, left side of the forehead, and right anterior aspect of the ankle. 2. A review of Resident 2’s Admission Record, the Admission Record indicated Resident 2 was admitted to the facility on 2/28/2025, with diagnoses including but not limited to metabolic encephalopathy, schizophrenia (a chronic and severe mental disorder that affects how a person thinks, feels, and behaves), and personal history of other mental and behavioral disorders. A review of Resident 2’s Physician Order Summary Report, dated 3/3/2025, the order indicated Risperidone (an antipsychotic [drugs that work by altering brain chemistry to help reduce psychotic symptoms like hallucinations, delusions, and disordered thinking] medication that alters the effects of chemicals in the brain) 0.5 milligrams (mg, unit of measurement): Give one tablet by mouth one time a day for Schizophrenia manifested by rapid mood cycling as evidence by sudden shifts in mood from pleasant to extreme anger as evidenced by yelling/screaming at others. A review of Resident 2’s MDS, dated 6/5/2025, the MDS indicated the resident’s cognitive skills for daily decision making were moderately impaired. The MDS indicated Resident 2 required partial/moderate assistance (helper does less than half the effort, helper lifts or holds trunk or limbs but provides less than half the effort) for sitting to lying, sitting to standing, and walking ten feet. The MDS also indicated Resident 2 had daily verbal behavioral symptoms (e.g., threatening others, screaming at others, cursing at others) directed toward others. A review of Resident 2’s care plan for reisdent taking antipsychotic medication, date initiated 3/3/2025, the care plan indicated to monitor resident’s incontinent episodes and assist the resident with toileting as needed. The care plan did not indicate interventions to address Resident 2’s daily verbal symptoms of threatening others, screaming at others and/ or cursing at others. A review of Resident 2’s care plans dated from 6/5/2025 to 7/1/2025, the care plan did not indicate interventions to address Resident 2’s daily verbal symptoms of threatening others, screaming at others and/ or cursing at others. A review of Resident 2’s SBAR, dated 7/1/2025, the SBAR indicated Resident 2 had behavioral symptoms. The SBAR indicated at approximately at 4 AM staff reported Resident 2 was hitting Resident 1. The SBAR indicated LVN 1 arrived in Residents 1 and 2’s room with both residents sitting on the floor and Resident 2 was attempting to hit/slap/scratch Resident 1. A review of Resident 2’s care plan, dated 7/1/2025, the care plan indicated Resident 2 had a physical altercation with roommate Resident 1, at risk for injury to self or others, and at risk for repeat altercation with other residents. A review of the facility’s final investigation report dated 7/3/2025, the report indicated at approximately 4 AM (date not indicated), Resident 1 was seen by staff attacking Resident 2 in their room. During an observation on 7/16/2025 at 11:10 AM with Resident 1, Resident 1 was sitting in her wheelchair with scratch marks noted on the resident’s left arm. During an interview on 7/16/2025 at 11:24 AM with the Administrator (ADM), ADM stated there was a physical altercation between Resident 1 and Resident 2. ADM stated Resident 1 had scratches from the physical altercation and Resident 2 was the aggressor. During an interview on 7/16/2025 at 12:30 PM with Certified Nursing Assistant 2 (CNA 2), CNA 2 stated on 7/1/2025 from 3:30 AM to 4 AM Room A’s (Reisdent 1 and 2’s room) lights were on, the door was closed, and CNA 2 heard a big thump. CNA 2 stated she went to Room A and saw Resident 1 was on the floor while Resident 2 was in front of, on top of, and hit Resident 1. CNA 2 stated Resident 2 was hitting Resident 1 while Resident 1 was putting her hands up and trying to protect herself. CNA 2 stated Resident 1 had scratches on one of her arms from Resident 2. During an interview and record review on 7/16/2025 at 2:10 PM with LVN 2, LVN 2 stated Resident 2’s mood changes. LVN 2 stated Resident 2 would scream, yell and if close by Resident 2 she could grab you when she was in a bad mood. LVN 2 stated Resident 1 did not have behavior problems. During a concurrent record review and interview on 7/16/2025 at 2:24 PM with LVN 2 the facility’s policy & procedure (P&P) titled, “Abuse Prevention Program,” revised December 2016 was reviewed. The policy indicated, the facility’s residents have the right to be free from abuse which includes physical abuse. LVN 2 stated the facility’s resident has the right to be free from abuse. LVN 2 stated when a resident hits another resident that is not being free from abuse. LVN 2 stated Resident 1 was physically abused by Resident 2. These violations, jointly, separately or in any combination, had a direct or immediate relationship to the health, safety, or security of Resident 1.