Complaint Investigation Report

Interview conducted with Administrator Myra Palmer revealed that she was notified by C1 that S1 stated to them, "If you continue to smoke you are not going to get your meds." Administrator Palmer spoke to S1 and they denied making the statement. S1 reported to Administrator Palmer that they stated to C1, “If you continue to smoke, the nebulizer will not work.”

An outside source reported that C1 stated that S1 told them, "If I see you smoking cigarettes, I will not let you use your sleep apnea machine." Per outside source, C1 stated that S1 did not prevent them from using their sleep apnea machine; however C1 stated that a caregiver was notified of the threat.

Interview conducted with C1 did not disclose that S1 did not treat them with dignity. Interviews were conducted with four clients; they denied that staff did not treat them with dignity. C1 and three clients disclosed that staff are nice to them. An interview with Client 5 (C5) revealed that all facility staff can sometimes be mean. C5 stated, "Staff sometimes complains about assisting the clients with their needs." C5 reiterated that although staff complain they do assist the clients with their needs.

The Department has investigated the above-mentioned allegation that staff did not treat resident with dignity. Based on interviews conducted with administrators, staff, clients, outside sources, a police report and S1’s own admission in stating, “If you keep smoking, you will always need a nebulizer,” the preponderance of the evidence standard has been met. Therefore, the allegation is deemed substantiated.

The deficiency is noted on the attached 9099-D and is cited in accordance with the California Code of Regulations, Title 22. A copy of this report along with Licensee/Appeal Rights (LIC 9058) was provided to Administrator Mabalot and the signature on this form confirms receipt of these rights.