Complaint Investigation Report

posted in a prominent place, sufficient 60-day supply of required personal protective equipment; reviewed R1's physician's report, medication administration record, cash resources (from 01/01/20 - 01/21/22), trust transaction history (from 01/01/19 - 03/10/22); incident reports (dated 11/20/20, 09/08/21, 10/13/21, 10/20/21, 11/18/21,12/08/21, 12/26/21, 01/20/22); behavioral contracts (dated 11/25/19 & 02/16/21); correspondence (dated 10/20/21 & 11/19/21) e-mailed to assisted-living waiver program social worker/supervisor, 30-Day Eviction Notice (dated 02/02/22), Summons Unlawful Detainer-Eviction (dated 03/10/22).

Allegation: Facility is not following COVID-19 guidelines :

The complaint alleges that Resident #1 had requested to be tested in its room on 11/23/21; and, it was done. On 12/01/21, Resident #1 requested to be tested (again) in its room; however, Administrator Fuentes advised that only the residents who cannot walk to the Activity Room (located on the first floor) will be tested in his/her room. At that time, Resident #1 was advised that if a resident is able to walk then the resident shall come to the Activity Room (located on the 1st floor) for his/her testing; otherwise, a resident can choose to go elsewhere to be tested at will. On 12/08/21, Resident #1 walked to the Activity Room (located on the 1st Floor) for its COVID testing. LPA/RA Ceniceros spoke with residents (R1-R7) in regards to testing in the Activity Room (located on the 1st Floor) rather than it their room; and, the majority residents stated that he/she has not had an issue with receiving his/her test by walking to the facility's Activity Room. LPA/RA Ceniceros spoke with facility staff (S1-S9); and, it was explained that the residents did not mind receiving his/her test in the facility's 1st floor Activity Room. Administrator Fuentes stated that when it first struck on or about October 2021, the residents were receiving tests in his/her room; however, since it was lifted on or about January 2022, residents returned to the facility's Activity Room (located on the 1st floor) to receive his/her test. Unless a resident couldn't walk, the contracted nurse would test the resident in his/her room. During LPA Cifuentes initial 10-Day visit on 12/21/21, it was observed that residents and facility staff were wearing his/her face mask and practicing social distancing. In addition, LPA/RA Ceniceros observed the residents and facility staff wearing his/her face mask during this visit.

Allegation: Resident is being illegally evicted:

The complaint alleges that while Resident #1 was receiving a test on 12/08/22 by the contracted nurse that