Complaint Investigation Report

In addition, California Department of Social Services (CDSS), Provider Information Notice (PIN) 21-33-ASC dated July 27, 2021, requires all CDSS licensed day programs to follow State Public Health Order of July 26, 2021 requires that all licensed day programs must strictly adhere to CDPH masking guidelines. PIN 21-33-ASC further states that facility staff are required to wear FDA-cleared surgical masks in indoor settings anywhere they are working with another person. A review of the facilities Department approved Mitigation Plan indicated on page 13 of 28 that all facilities staff are wearing face coverings while on the premise.

Facility staff failed to protect the personal rights of clients in care to receive safe and healthful accommodations, in that facility staff failed to wear face coverings while working with clients in care violating an official government order requiring the wearing of face coverings while working under specified conditions. In addition, the licensee failed to follow approved Mitigation Plan Report engaging in conduct inimical to the health, welfare, and safety of clients in care.

Based LPA’s investigation observations, interviews conducted, and record(s) reviewed, the preponderance of evidence standard has been met, therefore the above allegation(s) is/are found to be SUBSTANTIATED. California Code of regulations, Title 22 are being cited on the attached LIC9099D.

During today’s visit, LPA and LPM provided the licensee with the following documents:

• PIN 21-53-ASC – Adult and Senior Care Facility Worker Corona virus Disease 2019 (COVID-19) Vaccination and Booster Requirements

• PIN 21-33-ASC – Adult Day Program Infection Control Guidance

• California Department of Public Health Order Subject: Guidance for the Use of Face Masks