Complaint Investigation Report

Interview with Program Director revealed that this facility closed in March 2020 due to Covid-19 and reopened on 05/24/2021, but prior to reopening they had to create a re-engagement plan and submit to regional center. The regional center approved the re-engagement plan on 12/03/2020 and it was to be effective 04/30/2021. The re-engagement plan states the following: "the first participants to return to in person services will be those who have had their Covid-19 vaccines and can wear a mask in accordance with CDC guidelines." The facility provided remote services to the clients that were not vaccinated. However, a client's family member was unhappy with this facility's policy and the facility communicated with regional center. It was determined that vaccine status cannot be consider as a criteria for re-engagement. Therefore, the facility offered in-person services to all clients regardless of vaccination status starting 06/01/2021. It is important to note that PIN 21-21-ASC dated 04/15/2021 was released and addressed to all Adult Day Program Licensees, and it states the following: "No client/participant who refuses to be vaccinated against Covid-19 may be denied participation in any activity or service available to any other client/participant solely based on the decision to not receive the vaccine."

Based on LPA's interviews and documents reviewed, the preponderance of evidence standard has been met, therefore the allegation is found SUBSTANTIATED. California Code of Regulations Title 22, Division 6, Chapter 3 are being cited on the attached LIC 9099-D.

Exit interview held and a copy of the report and appeal rights was provided.